Joseph B. Simon & Co. v. Zoning Board of Adjustment

Opinion by

Mr. Justice Bell,

Applicant applied for a variance to use the premises as a gasoline station. The property in question is zoned “D” Besidential. The Zoning Board of Adjustment in a 3 to 2 decision refused the application. The lower Court without taking any testimony affirmed the Order of the Board of Adjustment.

The premises, vacant land, were located on the south side of Upsal Street near its intersection with Belfield Avenue in Philadelphia. The ground in question is slightly less than one-half acre in size, triangular in shape, and extends 324 feet on Upsal Street, 240 feet along…