KOLESAR v. Z.H.B., BORO. OF BELL A.

No. 754 C.D. 1987.

117 Pa.Commw. 299 (1988)

543 A.2d 246

Paul E. Kolesar v. The Zoning Hearing Board of The Borough of Bell Acres and John Schwartz. John Schwartz, Appellant.

Commonwealth Court of Pennsylvania.

June 24, 1988.


Attorney(s) appearing for the Case

Frederick A. Boehm, with him, Patrick J. Clair, Goehring, Rutter & Boehm, for appellant.

Joseph Sabino Mistick, Mistick & Sittig, with him, John Tumolo, for appellee, Paul E. Kolesar.

Argued March 22, 1988, before Judges CRAIG, DOYLE and PALLADINO, sitting as a panel of three.


OPINION BY JUDGE CRAIG, June 24, 1988:

John Schwartz appeals an order of the Court of Common Pleas of Allegheny County reversing a decision of the Zoning Hearing Board of Bell Acres Borough that granted John Schwartz's request for a variance to continue operation of his automobile repair and towing business. We reverse.

The relevant facts as found by the Board are as follows:

1. Applicant, John Schwartz, operated an auto repair and towing business...

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