In this land use appeal from Chester County, the Commonwealth Court (“Court”) upheld the denial of an Objector’s appeal from a decision of the East Nantmeal Township Board of Supervisors, which approved an amendment to a subdivision.
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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.
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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