Vitale v. Zoning Hearing Board

Opinion by

Judge MacPhail,

Nicholas Micozzie (Appellant) has appealed to this Court from an order of the Court of Common Pleas of Delaware County, which reversed the decision of the Zoning Hearing Board of Upper Darby Township (Board) and granted a variance to Appellees1 for the construction of forty-four apartment units on a 3.21-acre tract.

The record discloses that the tract in question is located in an R-l residential district which permits single family detached dwellings as the only permissible residential structure.2 The tract is bounded on the south by a nursing home, on the east by…