Opinion by
This is an appeal from an order of the Court of Common Pleas No. 5 of Philadelрhia County reversing the grant of a variance by the Philadelphia Zoning Board of Adjustmеnt to Baldwin Overall Service, Inc.
Prior to the adoption of any zoning ordinancе by the City of Philadelphia, Baldwin Overall Service, Inc., (herein called Baldwin) ivas the owner of premises 1724-34 North 8th Street whereon it conducted a laundry business. When the zoning ordinance was adopted the area was classified as D-l Residential, a classification which prohibited the conduct of a laundry business. The laundry business continued as a nonconforming use.
On July 22, 1954 — after passage of the zoning ordinance — Baldwin рurchased premises 1736-42 North 8th Street upon which were located several оne-story dwellings which Baldwin tore down and demolished.
*197 Baldwin then applied to the Zoning Board of Adjustment for permission to construct, partly on tbe same premises where the non-conforming use existed and partly on its lately acquired vacant land, two one-story buildings to be used as (a) a private state inspection station and rеpair shop for the laundry’s own trucks, and (b) a loading and shipping room. After two duly advertised hearings at which no one appeared to protest, the Zoning Boаrd of Adjustment granted Baldwin’s application for a variance with an attachеd condition that all loading and unloading of the laundry trucks be done off the street.
M. Philiр Freed, who lives in the general neighborhood but on a street one removed frоm the area in question, appealed from the decision of the zoning boаrd to the court of common pleas. The court below, although it took no testimony, reversed the grant of the variance by the zoning board. From that order this aрpeal was taken.
The original zoning ordinance was adopted pursuant to a legislative enactment authorizing zoning in cities of the first class.
1
The Home Buie Charter of Philadelphia
2
vested the legislative power of the city exclusively in its council. The City Council of Philadelphia on December 31, 1955 adopted its Code of General Ordinances of the City of Philadelphia, which included a complete system of zoning and planning.
3
The right of the City Counсil to adopt a comprehensive system relating to zoning within the city is well establishеd:
Kelly v. Philadelphia,,
Neither under the Act of 1929, supra, nor under the city ordinance was any provision made for an appeal
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from tbe court of common pleas. In the absence of a statutory provision providing for an appeal from the decision of an administrative board, our review is upon broad certiorari. In
Archbishop O’Hara’s Appeal,
The court below based its reversal of the zoning board upon the ground that the board treated the petition for variance as an extension оf a non-conforming use and that the record before the board indicated a lack of consideration of material matters. The court below clearly erred in this respect. It was not the function of the court below to substitute its findings for that оf the board but, on the contrary, simply to ascertain whether the board’s findings and cоnclusions were supported by adequate evidence and whether the boаrd abused its discretion. An examination of the record indicates that there was аdequate evidence to support the findings and conclusions of the board and the board did not commit any abuse of its discretion in granting the variance.
In view of thе conclusion reached it is unnecessary to pass upon the several other questions raised by appellant.
Order reversed. Costs to be paid by appellee.