Boyd v. Zoning Hearing Board

Opinion by

Judge Doyle,

This is an appeal from the order of the Allegheny County Court of Common Pleas affirming the decision of the Churchill Borough Hearing Board (Board) which held that a patio was exempt from the side yard requirements of the Borough’s Zoning Ordinance (Ordinance).

In August of 1982, Laura Diskin, Intervenor-Appellee, constructed a wooden deck in the side yard of her single family home. The deck extended to within four feet, three inches of the side yard boundary, in violation of the Borough’s Zoning Ordinance, which required a side yard setback of a minimum of ten feet.…