Opinion
January 16, 1962.
March 13, 1962.
Municipalities — Philadelphia — Zoning — Ordinance — Permitted uses — Exception — Variance — Words and Phrases — Medical center.
1. A former dwelling house remodelled so as to be used by the owner for living quarters and to accommodate one dentist and four physicians, each occupying his own quarters and each practicing his profession independently of the others, does not constitute a "medical center" within the meaning of a zoning ordinance permitting a "medical center" within a class A residential district when a zoning board of adjustment certificate of exception is obtained.
Zoning — Appeals — Court of common pleas — Review on zoning board record — Scope of review.
2. The scope of judicial review on an appeal from a decision of a zoning board of adjustment, where the court does not take additional testimony, is limited to determining whether the board of adjustment abused its discretion or committed an error of law.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.
Appeal, No. 367, Jan. T., 1961, from order of Court of Common Pleas No. 3 of Philadelphia County, June T., 1960, No. 364, in case of Mrs. W. J. Merry v. Zoning Board of Adjustment. Order affirmed.
Same case in court below: 26 Pa. D. C.2d 280.
Appeal from issuance of certificate of exception by zoning board of adjustment.
Order entered sustaining appeal and reversing action of board, opinion by WATERS, J. Applicant appealed.
W. Wilson White, with him Joseph Sharfsin, and White and Williams, for appellant.
Raymond J. Broderick, for appellees.
Order affirmed on opinion of Judge WATERS, 26 Pa. D. C.2d 280.