56 Pa. Commw. 232 | Pa. Commw. Ct. | 1981
OpikioN by
Eobert Trush and Margaret Trush (appellants) appeal from an order of the Court of Common Pleas of Bucks County which dismissed their appeal from the decision of the Board of Supervisors of the Township of Bensalem (Township) denying their application for a subdivision of their property. We reverse and remand.
The issue before us is whether Lot No. 2 has the required frontage mandated by Section 402(2) of the Township zoning ordinace, which provides that “[e]ach lot shall have a minmum frontage and an average width of not less than eighty (80) feet.” Section 1600(25) (b) of the ordinance states, in part, that “ [i]n the case of a corner lot, the yards extending along all streets are front yards.” (Emphasis added.) Section 1600(25)(e) also provides: “Front and Side
Appellants argue that the lower court erred in its conclusion that Lot No. 2 must have an 80-foot frontage on Kleekner Road. We agree. The lower court erred by equating the term “frontage” with “front yard.” These terms have separate meanings and may not be used interchangeably.
The distinction between these terms is aptly illustrated in Jersild v. Sarcone, 260 Iowa 288, 149 N.W.2d 179 (1967). In Jersild, the dispute centered around the ability of the landowner of a corner lot to choose which street he would use to determine his front yard. The court instructed that “[wjhere lots or tracts abut on a street, we have frontage, and of course as to corner lots there is a frontage on two streets.” Id. at 295, 149 N.W.2d at 184. Since the ordinance did not specify which street the owner of a corner lot must use to determine his front yard, the court concluded that it was proper for the owner “to choose which frontage he desired to use as his front yard.” Id. at 295, 149 N.W.2d at 185 (emphasis added).
In this context, then, the term “front yard” is used to denote the area between the front of a structure and the edge of the property. “Front yard,” therefore, has little in common with “frontage,” which refers to the extent of land abutting on a street.
With these distinctions firmly in mind, we read Section 1600 of the ordinance as requiring that, in the
From the diagram, it is obvious that the proposed dwelling in Lot No. 2 complies with all the requirements of the ordinance. The lot has the minimum frontage and an average width of 80 feet, the front yard has a 35-foot depth, and the side yard abutting the street has at least a 35-foot width. The lower court’s decision to the contrary must, therefore, be reversed.
The lower court failed to rule on two other points: (1) whether the dwelling on Lot No. 1 will meet the 30-foot rear yard requirement and (2) whether this proposed subdivision is subject to certain requirements regarding such matters as the necessity for showing existing sewer lines, fire hydrants, and the like. We will remand solely for determination of these matters.
Order reversed and case remanded.
AND Now, this 22nd day of January, 1981, the order of the Court of Common Pleas of Bucks County, dated November 28, 1979, in the above captioned matter, is hereby reversed, and the case is remanded for proceedings consistent with this opinion.
In view of our decision, we need not address appellants’ constitutional argument.