Benner v. Zoning Board of Adjustment

Dannehower, J.,

To the decree of the court of common pleas dated June 7, 1955, awarding plaintiff a variance under the zoning ordinance of Upper Dublin Township, and permitting him to complete the construction of 17 feet of six-foot high fencing on his property, the Township of Upper Dublin and the board of adjustment have filed exceptions to certain findings of fact and to the decree. These exceptions were argued before the court en banc and are now before the court for decision.

The ordinance from which the variance was granted reads as follows:

“No fence or wall (except a retaining wall or…