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BOYD v. Z. H. B. OF CHURCHILL BORO.

No. 955 C.D. 1983.

83 Pa.Commw. 110 (1984)

John J. Boyd, Appellant v. Zoning Hearing Board of Churchill Borough and Laura Diskin, Appellees.

Commonwealth Court of Pennsylvania.

June 7, 1984.

Attorney(s) appearing for the Case

Richard L. Rosenzweig, Rosenzweig & Burton, for appellant.

David A. Lovejoy, for appellees.

Submitted on briefs March 14, 1984, to Judges WILLIAMS, JR., DOYLE and BLATT, sitting as a panel of three.

OPINION BY JUDGE DOYLE, June 7, 1984:

This is an appeal from the order of the Allegheny County Court of Common Pleas affirming the decision of the Churchill Borough Hearing Board (Board) which held that a patio was exempt from the side yard requirements of the Borough's Zoning Ordinance (Ordinance).

In August of 1982, Laura Diskin, Intervenor-Appellee, constructed a wooden deck in the side yard of her single family home. The deck extended to within four feet...

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