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VITO ET UX. v. BORO. OF WHITEHALL Z. H. B. ET AL.

No. 2140 C.D. 1980.

73 Pa.Commw. 270 (1983)

Filberto J. Vito and Virginia J. Vito, his wife v. Zoning Hearing Board of the Borough of Whitehall et al. The Borough of Whitehall, Appellant.

Commonwealth Court of Pennsylvania.

April 5, 1983.

Attorney(s) appearing for the Case

James R. Duffy, for appellant.

No appearance for appellee.

Argued March 3, 1983, before Judges ROGERS, CRAIG and DOYLE, sitting as a panel of three.

OPINION BY JUDGE CRAIG.

The Borough of Whitehall has brought this appeal from a decision of the Court of Common Pleas of Allegheny County which reversed its Zoning Hearing Board's denial of a variance for the invasion of a rear yard area by an additional garage.

The appellee Vito family owns an oddly shaped corner lot. Although the zoning ordinance requires a rear yard depth of 40 feet, because of the shape of the property and a previous variance to build...

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