The Challenge
Slider Company’s proposed restaurant required a special exception from the City of Philadelphia’s Zoning Board of Adjustment (ZBA). Although the proposed use satisfied the applicable criteria under the Philadelphia Zoning Code, the project faced substantial neighborhood opposition.
Community concerns focused on cooking odors, food pick-up operations, increased vehicular traffic, hours of operation, noise, and the potential impact on nearby residential properties.
The matter therefore required Slider Company to demonstrate not only that the proposed use met the applicable zoning requirements, but also that it would not negatively affect the surrounding community.
The Solution
Drawing upon its extensive experience before the ZBA, Nochumson P.C. presented testimony and documentary evidence demonstrating that the proposed restaurant satisfied all applicable zoning standards.
Nochumson P.C. established that the project was consistent with the surrounding mixed-use corridor, complied with the requirements of the Philadelphia Zoning Code, and would not adversely affect public health, safety, or welfare.
Nochumson P.C. also addressed community concerns through carefully tailored operational conditions designed to mitigate potential impacts while preserving the viability of the business. By grounding its presentation in established ZBA precedent and the evidentiary record, Nochumson P.C. demonstrated that the proposed use satisfied the legal requirements for a special exception.
Special exceptions may be permitted uses under the Philadelphia Zoning Code, but securing approval can still require a strong evidentiary presentation and a careful response to community concerns.
The Results
The ZBA granted the requested special exception, allowing Slider Company to move forward with its restaurant despite neighborhood opposition.
The approval cleared the way for the productive reuse of an existing commercial property while maintaining compatibility with surrounding residential and commercial uses.
The matter demonstrates how strategic zoning advocacy can help restaurant operators navigate community opposition and secure the land use approvals necessary to move a project forward.
Read our related article for additional background on this topic: Slider Company Secures Special Exception Zoning Approval
