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

Tag: waiver

Variance to Redevelop Mostly Vacant, Dilapidated Warehouse Affirmed Despite Property Owner Failing to Offer Evidence of Equitable Ownership at Hearing

In this variance case out of Philadelphia, an objecting neighbor appealed the grant of a use variance by the Philadelphia Zoning Board of Adjustment (“ZBA”) to redevelop a partially vacant and underutilized former industrial building into a mixed use multi-family residential building.  Following an affirmance by the Court of Common Pleas of Philadelphia County, Objector appealed to Commonwealth Court. The Commonwealth Court condensed the issues raised on appeal down to whether the applicant, Hightop Brown, LLC, had standing, and whether there was sufficient evidence to grant the requested variance.  The Commonwealth Court affirmed ZBA’s decision.

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Commonwealth Court Holds That the Philadelphia Zoning Board of Adjustment Has Authority to Grant Special Exceptions with Conditions

This case required the Commonwealth Court to determine whether or not a zoning hearing board had the authority to place conditions on the grant of a special exception.  In holding that it did, the court relied on the language of the Philadelphia city code, which it determined provided the board with adequate discretion to impose the conditions.

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