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KUTNER v. ZON. BD. OF ADJ. ET AL.

No. 3103 C.D. 1981.

77 Pa.Commw. 81 (1983)

Jerry Kutner, Appellant v. Zoning Board of Adjustment and Gilda Scarcia, Appellees.

Commonwealth Court of Pennsylvania.

September 8, 1983.

Attorney(s) appearing for the Case

David B. Comroe, Robinson, Greenberg and Lipman, for appellant.

Kenneth L. Fox, Assistant City Solicitor, with him Jill A. Douthett, Deputy City Solicitor, and Alan J. Davis, City Solicitor, for appellee, Zoning Board of Adjustment of Philadelphia.

Carl K. Zucker, for appellee, Gilda Scarcia.

Argued December 15, 1982, before Judges BLATT, WILLIAMS, JR. and DOYLE, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., September 8, 1983:

Appellant, Jerry Kutner, appeals from the order of the Court of Common Pleas of Philadelphia County which affirmed a Zoning Board of Adjustment decision refusing Appellant's variance application for permission to erect a one story permanent enclosure of a swimming pool.

The subject property is situate in a district zoned "R-5" Residential. Under Section...

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