AFSO Builders, Inc. v. Zoning Hearing Board

Opinion by

Judge Blatt,

Frank Aleardi and Afso Builders, Inc. (appellants) sought to construct at 31-unit garden-type apartment building in Upper Darby Township in an R-l Residence District, where such usage is not permitted. They submitted a three-pronged petition: (1) for a variance, (2) for an extension of a nonconforming use and/or (3) for a special exception. The Township Zoning Hearing Board (Board) and the lower court on appeal affirmed the building inspector’s denial of a building permit.

Because there was no new testimony taken by the lower court, our scope of review is limited to…