OMNIVEST v. STEWARTSTOWN BOROUGH


163 Pa.Commw. 415 (1994)

641 A.2d 648

OMNIVEST v. STEWARTSTOWN BOROUGH ZONING HEARING BOARD Appeal of STEWARTSTOWN BOROUGH, Appellant.

Commonwealth Court of Pennsylvania.

Decided April 15, 1994.

Petition for Allowance of Appeal Denied August 29, 1994.


Attorney(s) appearing for the Case

Barbara Orsburn Stump, for appellant.

Timothy P. Ruth, for appellee.

Before CRAIG, President Judge, and DOYLE, McGINLEY, PELLEGRINI, FRIEDMAN, KELLEY and NEWMAN, JJ.


FRIEDMAN, Judge.

Stewartstown Borough (Borough) appeals from an order of the Court of Common Pleas of York County which reversed a decision of the Stewartstown Borough Zoning Hearing Board (Board) denying Omnivest's request for a variance.

Omnivest is the equitable owner of a 1.564 acre parcel of land which does not conform to the zoning requirements for the apartment use which Omnivest seeks to build on the site. Apartment use is permitted by special exception...

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