Roach v. Bd. of Zoning Appeals, 29.

Citation199 A. 812
Decision Date14 June 1938
Docket NumberNo. 29.,29.
PartiesROACH v. BOARD OF ZONING APPEALS et al.
CourtCourt of Appeals of Maryland
199 A. 812

ROACH
v.
BOARD OF ZONING APPEALS et al.

No. 29.

Court of Appeals of Maryland.

June 14, 1938.


Appeal from Baltimore City Court; Robert F. Stanton, Judge.

Proceedings by Emma D. Roach, trustee, etc., against Board of Zoning Appeals consisting of Southey F. Miles and others, and Louis Shane and Minnie Shane, his wife, to prevent the last-named defendants from enlarging their ice plant. From an order of the city court permitting the enlargement, plaintiff appeals.

Order affirmed.

Argued before BOND, C. J., and URNER, OFFUTT, PARKE, SLOAN, MITCHELL, SHEHAN, and JOHNSON, JJ.

Wirt A. Duvall, Jr., of Baltimore, for appellant. Meyer Reamer, of Baltimore (William Curran, of Baltimore, on the brief), for appellees Louis Shane and wife. J. Francis Ireton, Asst. City Sol., of Baltimore (R. E. Lee Marshall, City Sol. of Baltimore, on the brief), for appellee Board of Zoning Appeals.

199 A. 813

SLOAN, Judge.

Morris Lipsitz was the owner of a lot fronting 94 feet on the north side of Winchester Street and 136 feet on the west side of Calhoun Street in the City of Baltimore, which he bought in 1930, and on which he conducted the business of "Planing Mill, Woodwork machines, and different things, lumber, and so on, all kinds of materials," there trading as Northwestern Lumber Company. In 1932 he erected an ice factory on the corner, 50 by 50 feet, which was operated by him and Louis Shane, one of the appellees, as partners, until in 1937, when Shane bought the entire lot, and the interest of Lipsitz in the ice factory. Shane now proposes to extend his ice factory and storage over the entire lot, and applied to the City Engineer of Baltimore for a permit to make the extension in accordance with the provisions of the Zoning Ordinance, No. 1247, approved March 30, 1931, (amended as hereinafter noted, by Ordinance No. 503, September 19, 1933), which was refused by the City Engineer, August 31, 1937, on the ground that the use applied for did not conform to the use classification of the ordinance. Shane gave notice of an appeal to the Board of Zoning Appeals within ten days and after a public hearing the Board granted a permit, finding, as stated in their answer on appeal, that "it appeared that the premises in question were used and had been used for ten or twelve years as a saw and planing mill and a lumber yard, the said use as a planing mill constituting an Industrial use, which was non-conforming and that * * * under Paragraph 11 of the Zoning Ordinance (they) merely permitted a change from a planing mill, an...

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