2600 Penrose Road

SPC Company, Inc. and
Eller Media Company

v.

Zoning Board of Adjustment, The City of Philadelphia, Pennsylvania, Horticultural Society, David Cohen, Society Created to Reduce Urban Blight (SCRUB), Mary Tracy, Center City Residents Association, and Judith Eden

773 A.2d 209; 2002 Pa

• April 19, 2001: Commonwealth Court of Pennsylvania reversed the trial court decision, by adopting the ZBA's definition of a bridge.  Additionally, the court held in order to be granted a use variance, unnecessary hardship must be established, and it was not done so in this case.  SPC’s property is being productively used as a metal scrap yard and they--SPC--did not present any evidence that it will suffer severe financial hardship if the use variance is not granted. 
   
• June 2, 2000: Court of Common Pleas reversed the decision on appeal, deciding that the approach to the bridge is not to be considered part of the bridge. 
   
• November 15, 1999: ZBA refused Appellees’ request for a zoning permit by determing that the dictionary definition of a bridge includes the point at which the road begins to be elevated. 
   
• L&I denied permit on grounds the application violated the Philadelphia Code by being within 660 feet of a bridge across the Schuylkill River.  SPC filed an appeal with the ZBA and argued that the beginning of a bridge is actually located 1,000 – 1,500 feet from the proposed sign. 
   
• June 23, 1999:  SPC filed an Application for a Zoning Permit with L&I.

Links

Commonwealth Court Opinion April 19th, 2001

Background Information

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.