Applicants sought a use variance to open a day care for up to 36 children on the Property, and a dimensional variance for their proposed three by five-foot sign. Additionally, the Ordinance permitted the placement of signs on property in the R-4 district, so long as the sign did not exceed 108 square inches. Section 182-206.B(1) sets forth the permitted uses in the R-4 residential district, which include, in relevant part, a day care for no more than two children not related by blood or marriage to the residents of the dwelling. Significantly, while the Property was initially constructed as a residential home, it was renovated for commercial use over the years and was even issued a variance in 1975 for use as a group home. The Property is zoned in the R-4 low-to medium-density Residential District under the Zoning Ordinance of the Township of Haverford (Ordinance). By way of factual background, the applicants were lessees of property located at 104 East Township Line Road in Havertown, Pennsylvania (Property). 2012, Commonwealth Court of Pennsylvania, May 21, 2013), the Commonwealth Court affirmed the Zoning Hearing Board of Haverford Township's (ZHB) grant of a use variance and a dimensional variance allowing a zoned-residential property to be used as a day care center. In the recent Pennsylvania decision in Gallagher, Jr.
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