Amcare 2 Partners v. Zoning Hearing Board

609 A.2d 887, 148 Pa. Commw. 112, 1992 Pa. Commw. LEXIS 374
CourtCommonwealth Court of Pennsylvania
DecidedMay 15, 1992
DocketNo. 1932 C.D. 1991
StatusPublished
Cited by1 cases

This text of 609 A.2d 887 (Amcare 2 Partners v. Zoning Hearing Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amcare 2 Partners v. Zoning Hearing Board, 609 A.2d 887, 148 Pa. Commw. 112, 1992 Pa. Commw. LEXIS 374 (Pa. Ct. App. 1992).

Opinion

CRAIG, President Judge..

Amcare 2 Partners (Amcare) appeals from an order of the Court of Common Pleas of Delaware County that dismissed Amcare’s appeal from a decision of the Zoning Hearing Board of Haverford Township (board), denying Amcare’s application for a Certificate of Use and Occupancy or, in the alternative, a special exception or variance.

The issue before this court involves the location of the boundary between a C-l Limited Commercial District and an R-4 Low to Medium Density Residential District, which will determine whether the requested office use is an allowable one in the commercial district, or is prohibited because the location is in a residential district.

The facts, as found by the board, are as follows. Amcare owns a parcel comprised of three contiguous lots referred to as Lot Nos. 58%, 60 and 61. The parties do not dispute that Lot Nos. 58% and 60 are located in a C-l Commercial District. Those two lots are improved with a single building currently used as a private emergency medical care facility. Lot 61 is improved with a house, erected at the turn of the century, which is currently being used as an administrative office for the emergency facility. Lot 61 is also known as 3 Tenby Road, which is how this court will refer to Lot 61 throughout this opinion. As noted above, the problem is to determine whether 3 Tenby Road is also in the C-l Commercial District or is in the R-4 Residential District.

Amcare purchased 3 Tenby Road in 1985 from Ambulatory Medical Care, Inc. At the time Amcare purchased the property, it did not apply for or receive an occupancy permit.

In 1989, the Code Enforcement Officer refused to grant Amcare a Certificate of Use and Occupancy to use 3 Tenby Road as an office. Amcare appealed to the board, requesting a special exception or a variance to use the property for its [115]*115administrative office. The board held hearings on February 1, 1990 and May 17, 1990. On June 21, 1990, the board denied Amcare’s appeal. The board sent written notice of the decision to the parties the following day. On August 2, 1990, the board issued a written decision in which it determined that 3 Tenby Road lies within the R-4 Residential District. The board denied Amcare’s request for a variance, concluding that no unnecessary hardship exists because the premises have no unique physical circumstances or conditions. The board also concluded that Amcare was not entitled to a special exception.

The trial court affirmed the board’s decision, noting that [T]he evidence submitted by the appellant consisted of engineers’ evidence that the zoning map, which was not drawn to scale, did not clearly indicate in which zone the subject property was located. (Opinion, 9/11/91, p. 2.)

The trial court cited section 182-402 of the township’s zoning ordinance, which states that the C-l Commercial District is intended to provide for limited types of commercial development “along certain major arterial routes.”' The trial court determined that 3 Tenby Road lies on a quiet, tree-lined, residential avenue, and as such it is not located on any arterial route; thus, 3 Tenby Road is not within the C-l Commercial District.

Amcare argues that the board and the trial court erred by disregarding evidence taken directly from the official zoning map concerning the location of the zoning district boundary line. That evidence consists of two letter-reports prepared by the township’s engineer who concluded that 3 Tenby Road lies within the C-l Commercial District. Amcare asserts that the board and trial court erred in relying upon the statement of purpose in section 182-402. We agree.

Our scope of review in a zoning appeal in which the trial court has not taken additional evidence is limited to a determination of whether the zoning hearing board has manifestly abused its discretion or committed an error of law. Cope v. Zoning Hearing Board of South Whitehall Township, 134 Pa. Commonwealth Ct. 236, 578 A.2d 1002 (1990). A [116]*116zoning hearing board abuses its discretion only if its findings are not supported by substantial evidence. Id.

The resolution of this case turns upon interpreting the legal effect of the township’s zoning map. Official zoning maps that are adopted when a municipality enacts a zoning ordinance are not subordinate to the written words of the ordinance but are a part of the zoning ordinance.

Exhibit A-7 in the record shows the districts at issue; it is attached at the end of this opinion as Appendix A (R.R. 109a.) The lot at 3 Tenby Road is left of the line to which the C-l arrow is directed. The official zoning map of the township shows only the zoning districts; no lots are laid out on the zoning map. However, a view of the zoning map (Appendix A) clearly shows that the C-l Limited Commercial District extends eastward on Tenby Road. The board received evidence from the township engineer, Mr. John J. Gillespie, in the form of two letter-reports with attached maps showing the zoning districts and the lots. Mr. Gillespie reported that he had examined the official zoning map to determine the zoning district in which 3 Tenby Road lies. He stated, in the letter dated March 12, 1990:

I have determined that the current zoning is C-l. As shown on the above mentioned maps, the boundary line for Zone C-l extends from the intersection of Lansdowne Avenue and Tenby Road to a point One Hundred Thirty Feet (130') in a easterly direction, the line then extends in a southerly direction along the east side property line of # 3 Tenby Road to a boundary line for Institutional Zoning, which runs along the rear property line of # 3 Tenby Road. From the information supplied, # 3 Tenby Road is seen to be within the limits of C-l (Limited Commercial) Zoning.
(R.R. 147a.)

Exhibit B-l, one of the maps to which Mr. Gillespie referred, appears at the end of this opinion as Appendix B. (R.R. 148a.)

Amcare also presented the testimony of a registered architect, Mr. Thomas J. O’Brien. Mr. O’Brien testified regarding [117]*117his own examination of the official zoning map and his determination of the zoning category for 3 Tenby Road. Mr. O’Brien opined that 3 Tenby Road falls within the C-l Limited Commercial District.

In opposition, the protestants presented the testimony of Mr. Charles F. Kain, a registered engineer. Mr. Kain disputed the measurements made by Mr. Gillespie, the township engineer, and reported that, based on measurements he made in accordance with the scale of the zoning map, his determination of the location of the boundary line of the C-l District was at a point 120 feet eastward onto Tenby Road, rather than Mr. Gillespie’s determination of 130 feet.

Despite the evidence presented regarding the location of the zoning district boundary,1 the board only made findings [118]*118regarding Amcare’s entitlement to a special exception and variance for its proposed use of its property and failed to make any specific findings regarding the district boundary location; instead, the board implicitly determined that the boundary line lies at the, westward border of 3 Tenby Road and hence, that 3 Tenby Road lies within the R-4 Residential District. This court concludes that there is no substantial evidence to support that finding.

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Bluebook (online)
609 A.2d 887, 148 Pa. Commw. 112, 1992 Pa. Commw. LEXIS 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amcare-2-partners-v-zoning-hearing-board-pacommwct-1992.