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EAST TORRESDALE v. ZONING BD. OF ADJ.

536 Pa. 322 (1994)

639 A.2d 446

EAST TORRESDALE CIVIC ASSOCIATION, Appellee, v. ZONING BOARD OF ADJUSTMENT OF PHILADELPHIA COUNTY and City of Philadelphia, Appellees, v. Robert Bruce DRYSDALE, Appellant.

Supreme Court of Pennsylvania.

Decided March 24, 1994.

Reargument Denied May 23, 1994.

Attorney(s) appearing for the Case

Frederick S. Patti, Marjorie Stern Jacobs, Philadelphia, for R. Drysdale.

Richelle D. Hittinger, Philadelphia, for East Torresdale Civic Ass'n.

Cheryl L. Gaston, Philadelphia, for Zoning Bd.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.

This is a zoning case. The underlying facts are as follows. On August 28, 1989, the Philadelphia Zoning Board of Adjustment ("ZBA") granted Appellant, Dr. Robert Bruce Drysdale, a dentist, a zoning variance with a "proviso." The variance concerned the use of property located at 9521-23 Frankford Avenue in Philadelphia owned by Dr. Drysdale. It is a two-story detached Cape Cod style structure originally built...

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