12 Oregon Avenue

Society Created to Reduce Urban Blight (SCRUB) and Mary Cawley Tracy,

Zoning Board of Adjustment of the City of Philadelphia, the City of Philadelphia, and Oregon Avenue Associates and Clear Channel Outdoor Inc.

862 A.2d 731 (Pa. Cmwlth. 2004)

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Commonwealth Court Opinion

Background Information

In 1999, Conrail requested four variances to erect outdoor advertising signs on its property adjacent to I-95 and Oregon Avenue Associates applied for a permit to erect one free-standing double-faced billboard. This billboard violated several provisions. The Department of Licenses and Inspections did not grant the permit. The Zoning Board of Adjustment granted a variance on the grounds that the property was unsuitable for other development. However the property had been acquired for intended use as a state-of-the-art self storage facility, to be rented out monthly.

Case History

December 6, 2004: The Commonwealth Court overturns decision of the Court of Common Pleas, ruling that the ZBA erred when it overlooked its finding that the property indeed was usable for development per applicants plans.
November 2, 2004: SCRUB presented oral arguments to the Commonwealth Court.
January 2004: SCRUB appeals to the Commonwealth Court.
December 11, 2003: Court of Common Pleas judge Hon. Matthew D. Carrafiello ruled, affirming the ZBA's granting of variances.
SCRUB appealed to the Court of Common Pleas.
November 27, 2002: ZBA granted the variances on the ground that the shape and location of the parcel rendered it unsuitable for other development, even though applicant had stated plans to use the parcel for a self-storage facility.
October 16, 2002: The applicant appealed to the ZBA for variances.
June 20, 2002: Oregon Avenue Associates applied for a permit to erect a seventy-two foot, free-standing, double-faced billboard. L&I denied the application on the grounds the sign would violate numerous provisions of section 14-1604, including being within 500 feet of existing billboards, within 660 feet of the Delaware Expressway, and was taller and larger than allowed.