50 A.2d 199 | Pa. | 1946
Argued November 29, 1946.
This appeal by owners of property located at the Northeast corner of Baltimore Avenue and 40th Street, Philadelphia, is from the action of the common pleas affirming the action of the Zoning Board of Adjustment which had refused to grant to the appellants a certificate of variance. Appellants' property is zoned for residence purposes only. They proposed such reconstruction of the premises as would enable them to conduct a "grocery, meat and delicatessen store." They are now engaged in that business on the opposite side of 40th Street, which happens not to be in the same zone as the premises covered by their application, the street being the boundary line between the two zones. Where the boundary should be is of course a legislative question, which, for the purposes of this case, was answered by the line fixed by city council in enacting the ordinance. The Zoning Board of Adjustment, in the proper exercise of discretion, has power to grant a certificate of variance, a flexibility of procedure necessary to the protection of constitutional rights: compare White's Appeal,
On appeal from the common pleas to this court the review is as on certiorari: Veltri Zoning Case,
We find nothing in the record that would warrant our taking a different view.
Order affirmed, costs to be paid by appellants.
"PREMISES:
4001 Baltimore Ave., (N.W. Cor. 40th St.,) is in a C Residential District.
"ZONING:
The application is for the partial demolition of an existing bldg., and the erection of a one (1) story addition (size and location to be shown in the application), as part of a four (4) family dwelling four (4) stories high, and grocery and meat store.
REQUIRED PROPOSED
Open area (total) 1527 Sq. ft. 50% 806 Sq. ft. 26.4% Set back from Baltimore Ave. 8 ft. 0 in. 5 ft. 0 in. Set back from 40th St. 8 ft. 0 in. None"