Opinion
Argued October 10, 1980
December 3, 1980.
Argued October 10, 1980, before Judges ROGERS, MacPHAIL and PALLADINO, sitting as a panel of three.
Appeal, No. 2536 C.D. 1979, from the Order of the Court of Common Pleas of Delaware County in case of Winterset Farms, Inc. v. Zoning Hearing Board of Bethel Township, Delaware County, Pennsylvania, No. 78-05893.
Application with the Bethel Township Zoning Hearing Board for variance. Application denied. Applicant appealed to the Court of Common Pleas of Delaware County. Denial affirmed. DEFURIA, J. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Robert J. Scallan, Scallan, March, Berman, Del Fra Wochok, for appellant.
Gerard W. Dunn, Class, Saulnier, Dunn, Abel Miller, for appellee.
Winterset Farms, Inc. (Appellant) has filed this appeal from the order of the Court of Common Pleas of Delaware County affirming the decision of the Zoning Hearing Board of Bethel Township to refuse to grant Appellant's request for a variance. We affirm.
Appellant owns property which is located in Bethel Township and is zoned R-1 residential. Appellant has placed fifteen mobile homes on its property; this use violates the township zoning ordinance. Appellant seeks a variance to allow the mobile homes to remain on the property. We have carefully reviewed the record in this case and affirm on the able opinion of Judge JOSEPH W. DeFURIA reported at 67 Del. Rep. 85 (1979).
ORDER
AND NOW, this 3rd day of December, 1980, the order of the Court of Common Pleas of Delaware County, dated November 21, 1979, affirming the decision of the Zoning Hearing Board of Bethel Township to deny the application of Winterset Farms, Inc. for a use variance is hereby affirmed.