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IN RE: APPEAL OF GEORGE BAKER

No. 1106 C.D. 1974.

19 Pa.Commw. 163 (1975)

In Re: Appeal of George Baker, Jr. From the Decision of the Zoning Hearing Board of Franconia Township, Montgomery County, Pennsylvania. George Baker, Jr., Appellant.

Commonwealth Court of Pennsylvania.

May 22, 1975.

Attorney(s) appearing for the Case

Stanford S. Hunn, with him Hunn and Dischell, for appellant.

Clarke F. Hess, with him Walton B. Yoder, Jr., P. Glenn Moyer and Butera & Detwiler, for appellee.

Argued April 4, 1975, before Judges KRAMER, WILKINSON, JR., and BLATT, sitting as a panel of three.

OPINION BY JUDGE KRAMER, May 22, 1975:

This is an appeal by George Baker, Jr. (Baker) from an order of the Court of Common Pleas of Montgomery County, dated July 15, 1974, which affirmed an order of the Franconia Township Zoning Hearing Board (Board), denying Baker a special exception.

Baker is the owner of a 6.23 acre tract on which he proposes to build 36 townhouses. The most prominent feature of the land is its bisection by a flood plain which runs the...

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