Steppler v. Board of Adjustment

5 Pa. D. & C.2d 8, 1955 Pa. Dist. & Cnty. Dec. LEXIS 165
CourtPennsylvania Court of Common Pleas, Delaware County
DecidedJune 30, 1955
Docketno. 568
StatusPublished

This text of 5 Pa. D. & C.2d 8 (Steppler v. Board of Adjustment) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Delaware County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steppler v. Board of Adjustment, 5 Pa. D. & C.2d 8, 1955 Pa. Dist. & Cnty. Dec. LEXIS 165 (Pa. Super. Ct. 1955).

Opinion

Bretherick, J.,

This is an appeal by protestants from the action of the Board of Adjustment of Radnor Township granting the application of Conestoga Swim Club, Inc., for a special exception under the provisions of the Radnor Township Zoning Ordinance.

The return of the board of adjustment discloses that the application for a special exception was made on October 27,1954. The board of adjustment held a public hearing on the application on November 15, 1954. On December 2, 1954, the board filed findings of fact, conclusions of law and an order granting the application, subject to certain terms and conditions.

Appellants aver in their petition for appeal that the decision of the board of adjustment is arbitrary, capricious, illegal, unwarranted, unjustified, unreasonable, confiscatory, willful and a manifest abuse of discretion, and set forth six separate reasons in support of their contention.

Additional testimony was taken before Judge Bretherick on March 17, 1955, and the testimony has been transcribed and filed of record.

Counsel have filed requests for findings of fact and conclusions of law, and able and comprehensive briefs [10]*10of argument. From the testimony taken before the board of adjustment and before the hearing judge, we make the following

Findings of Fact

1. Radnor Township is a first class township organized and existing under the laws of the Commonwealth of Pennsylvania, and located in Delaware County.

2. Conestoga Swim Club, Inc., is a nonprofit corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its registered office located at Rosemont, Pa.

3. The purpose for which Conestoga Swim Club, Inc., was organized is set forth in the articles of incorporation as follows: “To provide for its members, their immediate families and guests, swimming, recreational and social facilities and in furthering these purposes to own, maintain, lease and operate a swimming pool, club house, and other necessary property and paraphernalia.”

4. Conestoga Swim Club, Inc., is the holder of an option for the purchase of an unimproved tract of land, containing approximately 9.6 acres, and located at Ithan, Radnor Township, Delaware County, Pa. The land has a frontage of approximately 600 feet on Sproul Road, and extends in a generally easterly direction to the dead end of Radnor Avenue.

5. The land is located, in an R-l residence district, the “top” residence district, under the provisions of the Radnor Township Zoning Ordinance of 1928, as amended.

6. Article III, sec. 301(3) of the zoning ordinance provides that a lot in an R-l residence district may be used for: “Club, fraternity house or lodge, except where the principal activity is one customarily carried on as a business, when authorized as a special excep[11]*11tion by the Board of Adjustment, in accordance with the provisions of Article XYI, its supplements and amendments.”

7. Article XVI, sec. 1601 (2) of the zoning ordinance provides that the board of adjustment shall have power, inter alia: “To hear and decide special exceptions to the terms of this Ordinance upon which the Board is required to pass under this Ordinance, in harmony with the general purpose and intent of this Ordinance, with power to impose appropriate conditions and safe • guards.”

8. On October 27, 1954, Conestoga Swim Club, Inc., filed with the board of adjustment an application, under section 301(3) of the zoning ordinance, for a special exception to occupy and use as a club for swimming and recreational purposes the above described tract of land and the buildings or structures proposed to be erected thereon.

9. On November 15, 1954, the board of adjustment, pursuant to notice, held a public hearing on the application, and testimony was presented on behalf of the applicant, and on behalf of a number of protestants.

10. On December 2, 1954, the board of adjustment filed findings of fact, conclusions of law and an order granting the application for a special exception, subject, however, to certain express terms and conditions.

11. Appellants reside in the general neighborhood of the land in question, and in an area zoned R-l.

12. The general area involved is a main line suburban community, residential in nature, with lots containing one acre and upwards, and with homes ranging in value from about $10,000 to about $35,000.

13. The proposed membership of Conestoga Swim Club, Inc., is 325 families, and is restricted to residents of Radnor Township. The dues would be $9 per person per year, with a maximum of $36 per family. Shares, which sell for $175 each, furnish working capital.

[12]*1214. One of the purposes of Conestoga Swim Club, Inc., as set forth in the articles of incorporation, is: “Not to contemplate pecuniary gain or profit, incident or otherwise, to its members.”

15. The land upon which the club proposes to conduct its operations, and for which the special exception was granted, is rough, uneven and heavily wooded, and has a limited use because of its topography and general physical characteristics; it is not readily adaptable to residential development.

16. The club proposes to construct and maintain upon the premises a swimming pool measuring approximately 5,000 square feet in water surface area, together with a children’s pool measuring approximately 1,000 square feet in water surface area, a bath house, a motor vehicle parking area, and a picnic area with benches, tables and open fireplaces.

17. The swimming pools would be of the State approved type, with a filtering and chlorination system.

18. The bath house would contain lockers, toilet facilities, an office and a snack shop for the sale of soda, packaged candies and cookies, but no cooked food.

19. The entire pool area, including both pools and the bath house, would be completely enclosed by a six-foot cyclone fence with barbed wire strung along the top of it, and the entrance gate to the pool area would be kept locked at all times during off hours.

20. The motor vehicle parking lot would be constructed to accommodate at least 100 cars, and would be surfaced with either blacktop or gravel.

21. The pool would be open from 10 or 11 o’clock in the morning until 8 o’clock at night, seven days a week, during the months of June, July and August, “give or take two weeks one way or the other”.

22. At all times during the summer months when it is open, the pool would be operated by a full time paid [13]*13manager, and would be guarded by two or perhaps three life guards.

23. The pool would at no time be open after dark, and the club would make no provision for the installation of lights or lighting.

24. It is the club’s plan that there would be no public address system on the premises, and no loud speaker system of any kind.

25. It is provided in article I, sec. 2, of the constitution of the club, inter alia, that: “This corporation shall not permit the sale, possession or consumption of liquor, beer or other intoxicating beverages on club property.”

26. The club proposes to leave a 50-foot strip of trees and undergrowth around-the entire perimeter of its premises to serve as a screen to protect nearby residents from any dust, noise, etc., which may emanate from its premises.

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Related

D. B. S. Building Ass'n. v. Erie
111 A.2d 367 (Superior Court of Pennsylvania, 1955)
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110 A.2d 414 (Supreme Court of Pennsylvania, 1955)
Phillips v. Griffiths
77 A.2d 375 (Supreme Court of Pennsylvania, 1951)

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5 Pa. D. & C.2d 8, 1955 Pa. Dist. & Cnty. Dec. LEXIS 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steppler-v-board-of-adjustment-pactcompldelawa-1955.