Alta Vita Condominium Association v. Zoning Hearing Board of Township of Hempfield

ARGUED: June 17, 1999 BEFORE: HONORABLE BERNARD L. McGINLEY, Judge HONORABLE JAMES R. KELLEY, Judge HONORABLE SAMUEL L. RODGERS, Senior Judge OPINION The Alta Vita Condominium Association (Association), H. Nevin and Mary Wollam, Edward and Linda Halusic and Darrell E. and Rosemary S. Albert (collectively Objectors) appeal from an order of the Court of Common Pleas of Westmoreland County that dismissed Objectors' appeals1 from the decision of the Hempfield Township Zoning Hearing Board (ZHB) denying Objectors' challenge to the grant of six building permits issued to Hallmark Quality Construction, Inc. (Hallmark) on October 21, 1997 for the construction of a six-unit multi-family dwelling located in a planned residential development (PRD). We affirm. This case has a long involved history dating back to May 9, 1977, when the Hempfield Township's Board of Supervisors (Supervisors) tentatively approved the Lago de Vita (Lago) PRD, Phases 1 and 2. On October 7, 1977, the Lago PRD was recorded. It included Lot 37-A, which as shown on the PRD contained 8.01 acres. Lot 37-A included designations for multi-family units, i.e., a 58-unit high rise building, two twelve-unit multi-family buildings and one sixteen-unit multi-family building.