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asilek

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Posts: 131 Member Since: 02/21/10

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Feb 26 10 3:37 PM

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http://www.aopc.org/OpPosting/Cwealth/out/1917CD08_11-17-09.pdf

IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Freedom Healthcare Services, Inc., :
Appellant :
:
v. :
:
Zoning Hearing Board of the City of : No. 1917 C.D. 2008
New Castle : Argued: October 15, 2009
BEFORE: HONORABLE BERNARD L. McGINLEY, Judge
HONORABLE DAN PELLEGRINI, Judge
HONORABLE JAMES R. KELLEY, Senior Judge

In this case, the Board contends that Freedom has not presented
sufficient evidence that it would not harm the health and safety of the community,
given the general unsuitability of the volume of cars and patients and the extensive
hours of operation of the medical clinic, and because it failed to show how the
parking and traffic needs would blend in with the existing businesses and
residences. All of those concerns are valid but in the context of this zoning
ordinance, those concerns are legally insufficient. First, most of those concerns go
to the medical clinic use which is a permitted use as of right with no restrictions on
the hours or number of patients served, and the zoning ordinance permits a medical
clinic without exception if seven parking spaces are available on the same lot as
the medical clinic. Second, what is at issue is whether the parking lots and not the
medical clinic are a suitable use for the lots in question. Again, given that these
lots have been used as parking lots for over 30 years, are adjacent or immediately
adjacent to the medical clinic, and applicant is providing over seven times the
number of required spaces, there has not been a showing that the proposed use
would breach the minimum requirements for the health, safety and general welfare
of the City. As such, the Board erred in failing to grant Freedom’s special
exception to allow parking on Lots 498, 522 and 524 to support the principal use of
Lot 499 as a methadone clinic.
11
Accordingly, the order of the trial court is reversed.
________________________________

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ltomczak

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Posts: 789 Member Since:02/22/10

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Mar 5 10 7:30 AM

Good stuff! Thanks for posting this!

lindsaytomcat@yahoo.com For those in and around the Chicago area - feel free to contact me if you need help with your treatment.

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