Borough of Baldwin v. Bench

Opinion by

Judge Mencer,

This is an appeal from a decision of the Court of Common Pleas of Allegheny County reversing the Zoning Board of Adjustment of the Borough of Baldwin (Board) and granting the application of Jerome T. Bench (Bench) for a variance.

In 1969, Bench acquired from his father a property known as 3460 Emma Jo Drive. Bench’s father had planned and laid out fifteen lots surrounding Emma Jo Drive and had burdened the property acquired by Bench with a sewage easement for the benefit of the other lots. All of the lots are zoned “R-2”, which essentially permits only single family…