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NOWICKI v. ZHB OF BOROUGH OF MONACA

No. 768 C.D. 2013.

91 A.3d 287 (2014)

Henry NOWICKI and Barbara Nowicki, Husband and Wife v. The ZONING HEARING BOARD OF the BOROUGH OF MONACA v. The Borough of Monaca, Appellant.

Commonwealth Court of Pennsylvania.

Decided May 6, 2014.

Attorney(s) appearing for the Case

Richard Urick , Aliquippa, for appellant.

Albert A. Torrence , Beaver, for appellees Henry and Barbara Nowicki.

Joseph A. Askar , Beaver, for appellee Zoning Hearing Board of the Borough of Monaca.

BEFORE: BONNIE BRIGANCE LEADBETTER, Judge, and PATRICIA A. McCULLOUGH, Judge (P), and JAMES GARDNER COLINS, Senior Judge.

OPINION BY Senior Judge JAMES GARDNER COLINS.

The Borough of Monaca (Borough) brings this appeal of the Beaver County Court of Common Pleas (Trial Court) order that reversed the denial by the Zoning Hearing Board of the Borough of Monaca (ZHB) of an application for a use variance submitted by Henry and Barbara Nowicki (collectively the Nowickis). The Nowickis applied for the use variance in order to construct a single family dwelling in the Planned River-Oriented...

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