Agenda - Planning Commission - 04/04/1995

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~ Z.B. i February 15, 1995 -- Page 3 -- that it~was a permitted use or a continuation of a lawful nonconforming use. The board denied the variance and found: parking was not allowed as a primary ~lse in the commercial zone; the section allowing parking lots as acces- sory uses[ was intended to help landowners who could not meet the ordinance's off-stree! parking requirements; the hospital's building was outside the bor- ough, soiit was not protected by the accessory use section; and the hospital failed to i~how the lot was ever used as a parking lot. The hospital challenged the ordinance through the Borough Council, argu- ing that t~e board's interpretation of the ordinance violated the state and fed- eral ConStitutions by denying the hospital equal protection of the law. The hospital i[aid the borough improperly denied the request for a parking lot just because the hospital's principal use was outside the borough, and in the city of Pittsburg.~i The council found the board's interpretation did not deny the hospi- tal equal protection. The tiospital sued the council, and the court affirmed the decision. The hospital 4ppealed. DECISION: Reversed and returned to the trial court. The application of the ordinance to the hospital was arbitrary and unrea- sonable. The trial court had to order the borough to approve the use, subject to reasonabl/e restrictions in compliance with the Ordinance. The h~spital was denied its accessory use permit simPly because its princi- pal use w~as located outside the borough. This had no relationship tO public health, safety, morals, or general welfare. In every other respect (such as set- back and!lahdscaping requirements) the hospitaFs prop'os~d use met the boroUgh'~'zoning and land use requirements'.' Farley v. zoning Hearing Board of Lowe. r Merion Township, 63'6 A.2d 1232 (199~4). "' ' Special ..F~ ception -- City Denies Permission to Convert to Self-Service. Gas StatiOn With Snack Shop - Mobil~Oil Corp. v. Zoning Board of Appeals of the City of Bridgeport, 644 A.2d 4,01 (ConnecticuO 1994 MobiliOil Corp. owned a"full-service gas station ina light industrial zone in Bridgel~ort, Conn. It wanted' to Convert the station to-self-service With a snack shop, so it' applied for a special 'exception to put up a buil~ling for 'the snack sho~, put a canopy over thepumps, and replace the existing islands ~ith~ self-servide islands. It .also applied, for a sideline variance to build a required fire-suppr~ssive"can'opy'over the primps. :. The Zoning Board of Appeals (board) denied Mobil's requests. On appeal, the court revel, seal the denial of the special exception, but affirmed the denial.of the' variance · ' . Ratherfthan continue its appeals, Mol~il changed the exits shown on its plan to reduce ,fi'affic. The board again denied the permit, stating that the planned gas,statio~ would increase traffic dramatically on a.busy street. After Mobil