This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Tag: Philadelphia Zoning Code

Philadelphia City Councilman Lacked Standing to Individually Challenge Grant of Variance

This appeal required the Commonwealth Court to determine if a Philadelphia City Council member had standing to challenge the Philadelphia Zoning Board of Adjustment’s (the Board) grant of a variance to create a private driveway.  More specifically, the court had to decide whether or not the First Class City Home Rule Act (the HRA), the Philadelphia Zoning Code (the Code), or the challenger’s status as a council member granted him standing.  The court held that the plain language of the HRA and the Code grants standing to the city council only as a single government body, and it further held that there was no “legislative standing” because the city council’s authority to regulate public streets was not impaired by the granting of this particular variance.

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