The Challenge
Because the properties were zoned for industrial use, the proposed residential condominium development required zoning variances from the Philadelphia Zoning Code.
At the hearing before the Philadelphia Zoning Board of Adjustment, a neighboring property owner opposed the requested variances, arguing that the proposed multifamily development would negatively impact his privacy and contending that the lots should instead be developed as single-family homes.
The matter required the presentation of a detailed zoning and land use argument supporting the requested variances while simultaneously preserving the record in anticipation of a possible appeal.
The Solution
Nochumson P.C. represented the developer before the Zoning Board of Adjustment and argued that strict compliance with the industrial zoning classification imposed an unnecessary hardship due to the small size and configuration of the lots.
The firm also demonstrated that the surrounding neighborhood was increasingly residential in character, that nearby industrial properties experienced high vacancy rates, and that the proposed condominium buildings were compatible with surrounding uses and complied with all applicable dimensional requirements.
Following the Zoning Board’s approval of the variances, the neighboring property owner appealed the decision to the Philadelphia County Court of Common Pleas. Nochumson P.C. defended the approval, and the trial court affirmed the Zoning Board’s ruling.
The objecting neighbor later appealed again to the Commonwealth Court of Pennsylvania. Nochumson P.C. then filed a motion to quash the appeal based upon procedural deficiencies in the filing, which the appellate court granted.
Zoning matters involving neighborhood opposition often require not only persuasive advocacy before the zoning board, but also careful preservation of the evidentiary record for potential appellate review.
The Results
After the zoning variances were upheld through the appellate process, the developer proceeded with construction of the condominium buildings.
The units were ultimately completed and sold at a significant profit.
