Municipalities — Zoning — Zoning board of adjustments — Discretion — Appellate review.
In this zoning case in which the court below affirmed the order of the zoning board of adjustment, denying the property owner's application for a variance, it was Held that there was no clear abuse of discretion or error of law by the board of adjustment; and the order was affirmed.
OPINION BY MR. CHIEF JUSTICE BELL, January 7, 1964:
This is an appeal from an Order of the Court of Common Pleas No. 6 of Philadelphia County which, without taking any additional testimony, affirmed the findings and conclusions of the Zoning Board of Adjustment. The Board had denied the use permit which Coleman sought.
On October 16, 1958, Coleman, the appellant here, obtained a Use Registration Permit from the Department of Licenses and Inspections (Zoning Section) of the City of Philadelphia to use property at 4957-59 Kershaw Street for "Roofing Contractor's Office, Garage Accessory Storage of Solvents." Since that time, appellant has actively conducted this business on his premises.
On April 6, 1962, the Department of Licenses and Inspections served on appellant a notice of violation of the Philadelphia Code of General Ordinances (Zoning). The specific violation averred in the notice was "Storage of roofing contractor's supplies without obtaining a Use Registration Permit as required by the Philadelphia Zoning Ordinance." Appellant then applied to the Zoning Board for the required permit. At the public hearing the Board treated this as an application for a variance and denied appellant the relief sought.
The notice was actually served on Coleman's lessor.
We find no clear abuse of discretion or error of law by the Board of Adjustment. Valley Forge Industries Inc. Appeal, 406 Pa. 387, 177 A.2d 450; Brennen v. Zoning Board of Adjustment, 409 Pa. 376, 187 A.2d 180.
Order affirmed.