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PRICE v. ZONING BOARD OF ADJUSTMENT

No. 244 C.D. 1978.

44 Pa.Commw. 95 (1979)

Aldan Price, II, Appellant v. Zoning Board of Adjustment, Appellee.

Commonwealth Court of Pennsylvania.

July 6, 1979.

Attorney(s) appearing for the Case

John F. McDevitt, Jr., with him John J. O'Brien, Jr., and O'Brien & O'Brien Associates, for appellant.

Gary A. Rochestie, with him Rudolph, Seidner, Rochestie & Salmon; Sheldon L. Albert, City Solicitor; James M. Penny, Jr., Deputy City Solicitor; and Barbara R. Axelrod, Assistant City Solicitor, for appellees.

Argued April 5, 1979, before Judges BLATT, DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE BLATT, July 6, 1979:

Aldan Price, II (appellant) appeals from an order of the Court of Common Pleas of Philadelphia County which affirmed the grant of a variance to Robert Brownholtz (applicant) by the Philadelphia Zoning Board of Adjustment (Board). He contends that the Board erred in granting the variance.

The applicant seeks to use a building as a three-family dwelling, and the property is located on a tract

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