Van Sciver v. Zoning Board of Adjustment
Van Sciver v. Zoning Board of Adjustment
Opinion of the Court
Opinion by
We have for review an order dismissing an appeal from the Zoning Board of Adjustment of Philadelphia.
The structure involved is a one-story, garage type building of brick and cinder block construction located in a district zoned “A” Commercial. The latest use of the premises was as a storeroom for the owner’s adjacent confectionery.
Appellant, the lessee of the property, sought a registration permit intending to install what is commonly referred to as a “laundromat” equipped with thirty coin operated automatic washers and ten automatic dryers. The items to be cleaned would be handled solely by the customers themselves. The applicant proposed operating the laundromat twenty-four hours a day seven days a week and it was to be unattended except for daily visits by a porter and a coin collector and periodic visits by a maintenance man.
The zoning board conducted a hearing at which the sole testimony was that of J ames Mitchell, an expert on the operation and maintenance of laundromats, statements by counsel for the applicant, and a petition signed by residents in the neighborhood in support of the application. The application was treated as a request for a variance, and a use registration permit was granted, conditioned on a limitation of business hours to the period between 8:00 a.m. and 8:00 p.m., Monday through Saturday and the requirement that some one be on duty during all hours of operation. The ap
Appellant has maintained throughout that (1) A laundromat is a “Hand laundry or agency” within the meaning of §14-303 (m)
(2) Alternatively, this is a use “of the same general character as the uses” enumerated as being permitted as a matter of right under §14-303 and therefore should be permitted if a Zoning Board of Adjustment certificate
(3) The conditions attached to the granting of the variance bear no reasonable relation to the health, morals, safety and general welfare of the public and are therefore arbitrary, capricious and unjust. These contentions will be considered in order.
From the history of the term “hand laundry” and the fact that many such laundries had mechanization when the ordinance was adopted, it would seem that the word “hand” does not refer to the method of laundering but is a term used in the laundry industry to
Also, the distinction drawn by the court below that uses requiring large amounts of machinery are relegated to industrial districts while uses in commercial districts do not so use machinery is patently insupportable. The expert testimony clearly showed that all but the most primitive of hand laundries do use machinery. A glance at the uses permitted in a commercial district and the ones permitted in an industrial district demonstrates that the number of machines or type of equipment is not a criteria to determine in which district that activity is to be considered.
For example, among the specific uses permitted in a commercial district as a matter of right are a central heating plant, telegraph or telephone office, craftsmen’s trades shops and job printing, engraving and print reproducing shops, all of which use machinery extensively. The key to determining in which district a laundromat is to be permitted is the “use” and the type of activity to be performed on the premises. It is our opinion that the use of this property as a laundromat is more analogous to a “hand laundry” than to a “laundry (steam)” and we hold it to be so within the meaning of the ordinance.
However, were we to hold that this is not a “hand laundry” within the meaning of the Code, there are also permitted in “A” Commercial districts “uses of the same general character as the uses specified above”
At the very least, it seems clear that this use as a laundromat is a use of the same general character as a hand laundry, particularly in the light of the mechanized character of the present hand laundries in operation. The mere fact that one is attended while the other is unattended does not change the pattern of zoning which is the deciding factor in whether a certificate shall or shall not be issued. A difference in the manner in which the same type use is performed is not a difference in use as prescribed in the ordinance. The use need not be an identical use but only a use “of the same general character”. Novello v. Zoning Board of Adjustment, 384 Pa. 294, 121 A. 2d 91 (1956). A laundromat is more in harmony with the general pattern of zoning in this area than (or at least a use of the same general character as,) a central heating plant, craftsmen’s trade shops and job printing, engraving and print reproducing shops would be, and these are permitted as a matter of right in an “A” Commercial district. Thus it is clear that the Board should have granted a certificate and not a variance conditioned upon certain requirements being met, and the court below was in error in affirming their order.
Lastly, the grant of a variance conditioned upon the restrictions imposed by the board was error! The
There is no testimony in the record to indicate that these machines emit fumes and odors nor that they attract undesirable elements.
The last condition that there be an attendant present on the premises at all times would remove from the operation of a laundromat all its attendant advan
Order reversed.
“§14-303 ‘A’ Commercial District. (1) Use Restrictions-General. The specific uses permitted in this district shall be the erection, construction, alteration, or use of buildings or premises and/or land for: (a) The uses permitted in any Residential District, except attached buildings used solely for dwelling purposes; provided that the provisions of this .Section shall not apply to buildings or structures for which building permits have been obtained or the excavation for which or the construction of which has been begun prior to June 24, 1954; . . . (m) Hand laundry or agency; ...”
“§14-303(2) Use Restrictions-With Certificate. The following uses will be permitted in this district only if a Zoning Board of Adjustment certificate, as hereinafter provided, is obtained: . . . (1) Uses of the same general character as the uses specified above.”
At the outset, it must be remembered that where, as here, no additional testimony is taken in the court of common pleas our review is as on certiorari in its broad sense, and we must examine the record to see whether there is evidence to sustain the board’s findings and whether the proceeding is free from any error of law or any manifest abuse of discretion. Moyerman v. Glanzberg, 391 Pa. 387, 138 A. 2d 681; Landau Advertising Co. v. Zoning Board of Adjustment, 387 Pa. 552, 128 A. 2d 559 (1957).
§14-303(m).
§14-503 (q).
They were not bound to accept it but they did not reject it on that ground.
This is clearly shown by the testimony of Mitchell before the Board: “Mb. Mitchell: . . . Then, of course, there have been the well-known hand laundry which I guess have been in existence since time immemorial, ever since someone did a washing for
“Mr. Reynolds : What type of equipment would these hand laundries have, and how many washers? Mb. Mitchell: There was approximately twenty, twenty seemed to be a standard used. Mb. Reynolds : An individual hand laundry would have ■ twenty machines? Mb. Mitchell: Not necessarily. It would vary all the way from the hand laundry, for example, that might have only two or three machines, to a system in the work to larger stores that had as many as twenty. It all depended upon the limitations of the area and the size of the store. . . . Mb. Cubtin: All right, now moving on from 1946 on, did the introduction of automatic washing equipment into hand laundry in any way spread? Mb. Mitchell: Yes, there was little change in the type of store that we have just been discussing about, for a period of eight or nine years other than growing very rapidly, however, in 1955 there was a decided change, and that was the first introduction of what has now become known as the unattended laundry. . . . They were installed with automatic equipment, there was no attendant, and
§14-303(2) (1).
§14-1802(3) (c) : “The criteria for a Zoning Board of Adjustment certificate include: (.1) the lessening of congestion in the streets; (.2) the securing of safety from fire, panic, and other dangers; (.3) the promotion of health and the general welfare; (.4) the providing of adequate light and air; (.5) the prevention of overcrowding of land; (.6) the avoiding of undue concentration of population; (.7) the facilitation of the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.” See also Food Corporation v. Zoning Board of Adjustment, 384 Pa. 288, 121 A. 2d 94 (1956).
“Mr. Curtin : Mr. Mitchell, in your opinion are these unattended stores an invitation to vandalism? Mr. Mitchell: No, not whatsoever. Mr. Curtin : Would you explain your position to the Board. Mr. Mitchell: Yes, I will be very glad to because that has been right from the very start something that has entered into the picture from a suspicion standpoint. Bet me say that’s the first question that appears to rise. However, let me say this: that all of the stores which I am familiar with, that I have ever heard of, vandalism, has never been an element. Actually the stores tend to repel or discourage vandalism. They are very brightly lighted all of the time, which of course discourages people. The stores are wide open. They are so designed so that every part of the interior of the store can be seen from the street. There just is no place to hide. There is no place in there whatsoever to encourage, there isn’t enough money, for example, in the machines to encourage theft at any one time. Usually the money is collected once a day or every other day, so that — furthermore the equipment is protected in such a way that it’s very difficult for anyone who is attempting to vandalize the equipment.”
Concurring Opinion
Concurring Opinion by
I concur in the result. The Philadelphia Code of General Ordinances designates two types of laundry facilities, to wit: “hand laundry or agency” in an “A” Commercial District (Sect. 14-303m) and a “laundry (steam)” in a General Industrial District (Sect. 14-503q). Although zoning legislators should keep
The activity in the instant case can be characterized as one that is ancillary to the use of a residency since it contains characteristics attributed to the householder’s comfort. A review of the Philadelphia zoning scheme reveals that consumer facilities or household services are located generally in a zoning classification denominated “A” Commercial. Therefore, even though a “laundromat” was not a contemplated activity when the Philadelphia City Council passed the zoning ordinance, its characteristics are so reflective of consumer and home owner necessities that it should be permitted in an “A” Commercial District.
Reference
- Full Case Name
- Van Sciver, Appellant, v. Zoning Board of Adjustment
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- 28 cases
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- Published