2 Pa. Commw. 76 | Pa. Commw. Ct. | 1971
Opinion by
This is an appeal from the order of the Court of Common Pleas of Luzerne County which refused a special exception for the construction and operation of a pumping station by the Wyoming Valley Sanitary Authority. The court below on the merits held that the request failed to meet the requirements set forth in the Wilkes-Barre Zoning Ordinance. We affirm.
In December, 1967, the Wyoming Valley Sanitary Authority applied to the Wilkes-Barre City Zoning
. The decision was appealed by local residents, appellees herein, to the Luzerne County Court of Common Pleas. The residents introduced, by stipulation, evidence consisting of the Authority’s revised plan, the record of the condemnation proceedings arising subsequent to the Board’s determination, and evidence of their standing to appeal as residents of the area. Thereupon the court undertook to consider the use request on its merits and reversed the decision of the Board, holding that the requested use failed to comply with requirements that it “conform with regulations applicable to the District where located, ... be provided with adequate parking and loading facilities; . . . not create conditions adverse to the public health, safety, welfare or convenience, [and not] injuriously affect property values in the neighborhood.” Section 4.303.
The Authority has not appealed this decision; however, the City through the zoning board and/or itself has instituted an appeal to this Court. Appellees have moved to quash this appeal upon the contention that neither the City nor the Board has standing to appeal. It is clear that the City of Wilkes-Barre has standing to appeal and therefore the motion to quash is denied. Edwards Zoning Case, 392 Pa. 188, 140 A. 2d 110 (1958); Lansdowne Borough Board of Adjustment Appeal, 313 Pa. 523, 170 A. 867 (1934); Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P. L. , No. 247, Art. X, Section 1003, 53 P.S. §11003.
The City further contends that the court below committed a manifest abuse of discretion in holding that the requested use did not comply with the requirements of Section 4.303. Specifically, it is argued that the protestants (appellees) did not present sufficient evidence that the use would be detrimental to the health, safety and welfare of the district, and that the requirement that the use not adversely affect property values is insufficient to support the refusal of the permit. However, assuming appellant is correct in these assertions, the court properly found that the planned use did not comply with the required set back regulations of the district and, therefore, failed to “conform with the regulations applicable to the District.”
“A special exception is issued for an exceptional use which may be permitted within a particular district
The court below upon the record before it found that the Authority’s requested use did not comply with the requisite conditions needed for institution of the use. This Court can only review that decision to determine whether the court below manifestly abused its discretion or committed an error of law. in reaching that conclusion. Cleaver v. Board of Adjustment, 414 Pa. 367, 200 A. 2d 408 (1964) ; Rickman, supra. It is apparent from the record that no such abuse , or error was committed by the Court in its determinations that “no adequate parking is provided and the proposed, use is not in conformity with , the yard, lot and building requirements of the ordinance.” Since the request did not conform to district regulations, its grant would have been in derogation, of Section 4.303.
• Therefore, the order of the Court of Common Pleas of Luzerne County denying the requested use is affirmed.