FLEISHON v. PHILA. ZONING BD. OF ADJ., 385 Pa. 295 (1956)

122 A.2d 673

Fleishon v. Philadelphia Zoning Board of Adjustment (et al., Appellants).

Supreme Court of Pennsylvania.May 1, 1956.
May 21, 1956.

Municipalities — Philadelphia — Zoning — Application for zoning permit and use registration permit — Requirements of Philadelphia Zoning Ordinance.

In this case in which it appeared that an owner of land applied for a permit to construct a multiple dwelling unit containing 54 apartments and a permit for outdoor parking in a Class D residential district, claiming that the application was in strict conformity with the requirements of the zoning ordinance, and such permits were granted, it was Held that the court below had properly revoked the permits upon the ground that the permits were issued in direct violation of § 26 (6), (10), of the Philadelphia Zoning Ordinance, which require a Board of Adjustment certificate for an open air parking space in certain residential districts and, in the case of a multiple dwelling, provision on the same lot for parking spaces with adequate access to a street or driveway for the use of the occupants of the dwelling.

Before STERN, C. J., JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

Appeal, No. 133, Jan. T., 1956, from decree of Court of Common Pleas No. 7 of Philadelphia County, June T., 1954, No. 4491, in case of Rhoda Fleishon v. Philadelphia Zoning Board of Adjustment and Richard Realty Company and Edward Pearl. Decree affirmed.

Same case in court below: 6 Pa. D. C.2d 337.

Appeal by objectors from grant of zoning permit and use registration permit. Before OLIVER, P. J.

Page 296

Decree entered sustaining appeal and reversing grant of permits. Applicant appealed.

Morris Wolf, with him George X. Schwartz and Wolf, Block, Schorr Solis-Cohen, for appellant.

Irvin Stander, with him Abraham L. Freedman, City Solicitor, and Richard H. Markowitz, Assistant City Solicitor, for appellee.

OPINION PER CURIAM, May 21, 1956:

The owner of the property involved appealed from an Order of the court below which reversed the Zoning Board of Adjustment which had approved permits for a two-story apartment house and an outdoor parking lot. The owner had applied, not for a special exception or variance, but for permits on the ground that the application for the permits was in strict conformity with the Zoning Ordinance.

The decree is affirmed on the able and comprehensive opinion of President Judge OLIVER. Costs shall be paid by appellants.