6 Pa. Commw. 417 | Pa. Commw. Ct. | 1972
Opinion by
Danna Homes, Inc. purchased a parcel of land within the R-l Residence Zoning District of the Borough of Morton, Delaware County. Desiring to construct an apartment house on its land, Danna here sought a variance from the regulation that only single family homes might be constructed in the R-l District. It contended that the industrial character of the neighborhood and a swampy condition on a part of its land rendered development in single family dwellings infeasible and caused it unnecessary hardship. The Zoning Hearing-Board granted the variance. The Court of Common Pleas of Delaware County reversed.
The issue here is wholly factual. Do the facts bring appellant within the line of cases of which Garbev Zoning Case, 385 Pa. 328, 122 A. 2d 682 (1956), Ferry v. Kownacki, 396 Pa. 283, 152 A. 2d 456 (1959), and Zoning Board of Hanover Township v. Koehler, 2 Pa. Commonwealth Ct. 260, 278 A. 2d 375 (1971), are examples, where the physical characteristics of the neighborhood or of the tract in question or of both are such that the land simply cannot be used as zoned; or are the facts
Section 908(7) of the Pennsylvania Municipalities Planning Code, Act of July 81, 1968, P. L. , No. 247, 58 P.S. §10908(7), directs zoning boards to “keep a record of the proceedings, either stenographically or by sound recording,
Accordingly, we reverse the order of the court below and remand the record to it for further remand to the Zoning Hearing Board for the purpose of conducting a hearing reported in accordance with the requirements of the Pennsylvania Municipalities Planning Code.
Sound recording as a means of reporting has been eliminated by amendment effective July 31, 1972, Act of June 1, 1972, P. L. , No. 93, Section 14.