Opinion
Argued April 7, 1977
May 17, 1977.
Argued April 7, 1977, before Judges CRUMLISH, JR., MENCER and ROGERS sitting as a panel of three.
Appeal, No. 460 C.D. 1976, from the Order of the Court of Common Pleas of Montgomery County in case of William Adam v. Zoning Hearing Board of Lower Providence Township, No. 74-13045.
Application to Lower Providence Township Zoning Hearing Board for variance. Application granted. Protestant appealed to the Court of Common Pleas of Montgomery County. Appeal dismissed. Protestant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Lawrence Sager, with him Sager Sager Associates, for appellant.
No appearance for appellee.
This is an appeal from an order of the Court of Common Pleas of Montgomery County which dismissed the appeal of William Adam from the decision of the Zoning Hearing Board of Lower Providence Township granting variances to Larry R. Erb which would enable him to construct a single-family residential dwelling out of the flood plain to replace a family residence within the flood plain portion of his property.
We affirm the order of the court below and dismiss this appeal on the able opinion of Judge LOUIS D. STEFAN, which may be found at _____ Montg. Co. L.R.
(No. 74-13045, filed July 13, 1976), and the holding of Jacquelin v. Horsham Township, 10 Pa. Commw. 473, 312 A.2d 124 (1973).
Judge CRUMLISH, JR. concurs in the result.
ORDER
AND NOW, this 17th day of May, 1977, the order of the Court of Common Pleas of Montgomery County, dated February 19, 1976, dismissing the appeal of William Adam from a decision of the Zoning Hearing Board of Lower Providence Township, is affirmed, and the appeal of William Adam from said order to this Court is hereby dismissed.