67 Pa. Commw. 545 | Pa. Commw. Ct. | 1982
Opinion by
The Nowalks own 6.759
The Nowalks essentially contend that since they have established a lawful nonconforming multifamily use of a third part of their property they are entitled as a matter of law to a variance authorizing them to expand that use over the remaining undeveloped two-thirds of the land. The cases relating to the expansion of nonconforming uses have so recently and thoroughly been collected and put in order by Judge Craig in Jenkintown Towing Service v. Zoning Hearing Board of Upper Moreland Township, 67 Pa. Commonwealth Ct. 183, 446 A.2d 716 (1982) that there is little need for us here to do more than to refer the parties and other readers of this opinion to that authority.
Briefly, the doctrine of expansion of lawful nonconforming uses starts with the proposition that a municipality is without power under the Constitution to prevent an owner, subject to the principles hereinafter described, from enlarging his use to provide for its natural expansion and the accommodation of increased trade, so long as such additions would not be detrimental to public welfare, safety and health. Gilfillan’s Permit, 291 Pa. 358, 362, 140 A. 136, 138 (1927). Open land previously devoted to a noncon
The Nowalks therefore required a variance. We agree with the hearing judge that they failed to show any circumstances concerning, or any conditions of, their property which rendered its use as zoned impossible, thus making the requested variance necessary in order to provide a reasonable use of the undeveloped part of the property. There is no evidence that single family dwellings on the 8500 square foot lots allowed by the ordinance could not possibly be erected on the four or so undeveloped acres; indeed the only evidence advanced in support of townhouse structures was to the effect that they would be more profitable to the appellants — a clearly insuffi
The declaration in Mack Appeal, supra, that the fact the application is for expansion of a lawful nonconforming use may be an important factor is without application here because, again, there was no evidence that the new proposed multi-family use was required to accommodate natural expansion of the existing apartment project.
Order affirmed.
Order
And Now, this 20th day of July, 1982, the order of the Court of Common Pleas of Westmoreland County in the above-captioned matter is affirmed.
About six and a half acres were acquired in 1967 and the remaining very small adjoining parcel was acquired in 1972.