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BD. OF ADJ., CITY OF PGH. v. BRANDI ET UX.

No. 1310 C.D. 1977.

36 Pa.Commw. 377 (1978)

Board of Adjustment of the City of Pittsburgh, Appellant v. Domenic Brandi et ux., Appellees.

Commonwealth Court of Pennsylvania.

June 30, 1978.

Attorney(s) appearing for the Case

D.R. Pellegrini, Assistant City Solicitor, with him Mead J. Mulvihill, Jr., City Solicitor, for appellants.

Thomas A. Livingston, with him Dennis J. Clark, for appellees.

Submitted on briefs, May 4, 1978, to Judges MENCER, ROGERS and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE DiSALLE, June 30, 1978:

This is an appeal from a lower court order which concluded that the use of their premises by Domenic Brandi and his wife (Brandi) was not in violation of Section 601 of the Zoning Code of the City of Pittsburgh which does not permit commercial uses in an R-1 one-family residential zone.

On May 8, 1975, Brandi filed an application for an occupancy permit for premises which included a one-family

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