Bene v. Zoning Hearing Board

Opinion by

Judge Palladino,

Joseph Bene and Adriana Bene (Appellants) appeal an order of the Court of Common Pleas of York County (trial court) denying their appeal from a decision of the Zoning Hearing Board of Windsor Township (ZHB) which granted the application of Shipley-Humble, Inc. (Applicant) for a building permit. We affirm.

Applicant operated a gas station in Windsor Township in a commercially zoned district. On February 21, 1986, Applicant applied to the ZHB for a variance from the setback requirements of the zoning ordinance because Applicant planned to construct an automatic car wash…