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ALLRIGHT AUTO PKS., INC. v. Z.B. OF A., PHILA.

No. 3572 C.D. 1986.

107 Pa.Commw. 448 (1987)

529 A.2d 546

Allright Auto Parks, Inc., Appellant v. Zoning Board of Adjustment of City of Philadelphia, Appellee.

Commonwealth Court of Pennsylvania.

July 16, 1987.

Attorney(s) appearing for the Case

Donald W. Kramer, with him, Craig E. Ziegler and Frances A. McElhill, Montgomery, McCracken, Walker & Rhoads, for appellant.

Francine Thornton Boone, Assistant City Solicitor, for appellee.

Submitted on briefs April 24, 1987, to Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, July 16, 1987:

Allright Auto Parks, Inc., a zoning applicant, has appealed from an order of the Court of Common Pleas of Philadelphia County which affirmed a decision of the Philadelphia Zoning Board of Adjustment refusing permission to erect an eight-foot kiosk on the north side of Chestnut Street. The board and the court both concluded that a thirty-five-foot building minimum height requirement in the Philadelphia zoning ordinance...

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