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AFSO BUILDERS, INC. v. UPPER DARBY Z. H. B.

No. 271 C.D. 1972.

12 Pa.Commw. 100 (1974)

AFSO Builders, Inc. and Frank Aleardi, Appellants, v. The Zoning Hearing Board of the Township of Upper Darby, Appellee.

Commonwealth Court of Pennsylvania.

January 18, 1974.

Attorney(s) appearing for the Case

Edward A. Savastio, for appellants.

George Koudelis, for appellee.

Argued October 5, 1973, before Judges KRAMER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, January 18, 1974:

Frank Aleardi and Afso Builders, Inc. (appellants) sought to construct at 31-unit garden-type apartment building in Upper Darby Township in an R-1 Residence District, where such usage is not permitted.1 They submitted a three-pronged petition: (1) for a variance, (2) for an extension of a nonconforming use and/or (3) for a special exception. The Township Zoning Hearing Board (Board) and the lower...

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