200' West of Schuylkill Expressway

Society Created to Reduce Urban Blight, Mary Cawley Tracy, David Cohen, Powelton Village Civic Association, Center City Civic Association and Jack Minnis

v.

Zoning Board of Adjustment, City Of Philadelphia, Amtrak National Railroad Passenger Corp. and Interstate Outdoor Advertising.

787 A.2d 1123 (Pa. Cmwlth. 2001)

• December 27, 2001: The Commonwealth Court of Pennsylvania affirmed the ruling of the Trial Court.
   

• November 1999: Amtrak applied to L&I  and was denied permit. ZBA granted a variance to Amtrak to erect a freestanding advertising sign.
   

• The Court of Common Pleas reversed the grant of a variance.
   

• ZBA granted a variance to Amtrak to place a billboard on their property, concluding that strict enforcement of zoning code would result in unnecessary hardship to Amtrak.

Links

Background Information

Commonwealth Court Opinion
December 27, 2001
 

Press Coverage

Background Information
 

Amtrak applied for a zoning permit to erect a freestanding, single-face, illuminated, non-accessory, outdoor advertising sign measuring 60 feet wide by 20 feet high. L&I denied the permit request on the ground that the sign’s proposed height would far exceed the maximum height. Amtrak filed an appeal with the ZBA.  The ZBA concluded that strict enforcement of the zoning code would result in unnecessary hardship to Amtrak; that denying the variance would prevent Amtrak from using the property without imposing on the existing railroad activity; and that Amtrak had established that the sign would not negatively impact public health, safety, and welfare. The Trial Court, without taking evidence, reversed, concluding that Amtrak had failed to demonstrate either the necessary hardship or lack of negative impact on the public interest.