What Was the Predominate Use of the One -Room Efficiency Apartment Located on the Second Floor of a Duplex Used As An Accountancy Office ?
In Franchi v. Zoning Hearing Bd. of Borough of New Brighton, 117 Pa. Commw. 236, 543 A.2d 239 (Pa. Cmwlth. 1988), this Court held that a one-room efficiency apartment, located on the second floor on one side of a duplex used as an accounting office, was not the primary use of that duplex, because the accounting office occupied all of the first floor and the landowner only moved into the efficiency apartment after separating from his ex-wife.
The Court, moreover, did not engage in any numerical comparison of percentage of the duplex utilized as an office or residence.
Rather, our holding in Franchi was premised on a consideration of the circumstances leading to the property owner setting up the efficiency apartment and that the accounting office was "clearly" the predominate use of the property. Franchi, 543 A.2d at 240-41.