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SOMERTON CIVIC A. ET AL. v. Z. BD. OF ADJ. ET AL.

No. 1626 C.D. 1983.

80 Pa.Commw. 173 (1984)

Somerton Civic Association and Brian O'Neill, Appellants v. Zoning Board of Adjustment (Phila.) and Carmen J. Calvanese, Appellees.

Commonwealth Court of Pennsylvania.

February 7, 1984.

Attorney(s) appearing for the Case

Eugene E. Kellis, Kashkashian & Kellis, for appellants.

Peter F. Kelsen, Assistant City Solicitor, with him Marilyn Z. Kutler, Acting City Solicitor, for appellee, City of Philadelphia and Zoning Board of Adjustment of the City of Philadelphia.

Carl K. Zucker, for appellee, Carmen J. Calvanese.

Argued December 8, 1983, before Judges CRAIG, MacPHAIL and DOYLE, sitting as a panel of three.

OPINION BY JUDGE CRAIG, February 7, 1984:

The Somerton Civic Association, Inc. appeals from an order of the Court of Common Pleas of Philadelphia County which affirmed the decision of the Philadelphia Zoning Board of Adjustment granting a variance to Carmen J. Calvanese. The general issue is whether there was a legal hardship basis for the variance grant.

The subject property, which Calvanese has an option to purchase, is in an R-4 residential zone; that classification...

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