25 Pattison Avenue

This information

Society Created to Reduce Urban Blight, Honorable David Cohen, Mary Cawley Tracy, Stadium Community Council, Joseph Meloni

v.

Zoning Board of Adjustment of the City of Philadelphia and City of Philadelphia Law Department.

 

771 A.2d 874 (Pa. Commw. Ct. 2001)

 

Case History

  • March 24, 2001: The sign remains up
     
  • September 26, 2001: The Pennsylvania Supreme Court denied Keystone’s Petition for Allowance of Appeal
     
  • April 10, 2001: The Commonwealth Court affirmed the Court of Common Pleas on the grounds that showing that a variance is needed to maximize profits is not enough to satisfy the burden of proof of hardship under Hertzberg
     
  • November, 1998: The Court of Common Pleas reversed the decision of the ZBA and revoked the variance by finding that the property was not valueless as currently zoned
     
  • May 24, 2000: The ZBA granted the variance following Keystone's argument the property’s use, size, and the location of the portion subleased to Keystone created a hardship, the remedy of which could only be a sign
     
  • September 18, 1998: L & I denied the application because the location was within 660 feet of the Walt Whitman Bride (prohibited by 14-1604(a-1), Phila. Code), within 500 feet of another sign (prohibited by 14-1604(3), Phila. Code), Keystone had not proposed to remove signage of equal footage (14-1604(10), Phila. Code), and the square footage exceeded the maximum allowed (14-1604(5)(b), Phila. Code)
     

  • July 7, 1998: Keystone applied for permit to construct a 2,400 square foot sign

 

Links

Background Information

Pa. Supreme Court Opinion - Sept. 26, 2001

Commonwealth Court Opinion - April 10, 2001

 

 

Press Coverage

 

Background Information
 

Because of its location near a sewage factory, Keystone received a variance from the ZBA. Although the Commonwealth court later revoked the variance, stating that granting a variance solely to maximize profits does not satisfy the unnecessary hardship burden, the sign remains standing.