 |
|
|
|
Case History
- December 6, 2004:
In an opinion by Judge Friedman, the
Commonwealth Court overturned the Court of
Common Pleas decision, stating the ZBA "erred or
abused its discretion in granting the variances
inasmuch as Ellsworth and Clear Channel failed
to establish unnecessary hardship."
- November 2, 2004: SCRUB presented
oral arguments to the Commonwealth Court.
- January 2004: SCRUB appealed to
the Commonwealth Court.
- December 11, 2003: Court of Common
Pleas judge Hon. Matthew D. Carrafiello affirmed
the ZBA's granting of variances under the
Hertzberg principle.
- SCRUB appealed to Court of Common Pleas.
- November 27, 2002: The ZBA granted
the variances with the condition that Clear
Channel take down signs having a total sign area
equal to or greater than 2,400 square feet.
They also found an unnecessary hardship on the
site due to the risks associated with the
recycling business.
- October 16, 2002: Clear Channel
appealed to the ZBA seeking variances, arguing
the site was distant from residential uses and
was well suited for a billboard. They also
offered to remove signage of equal or greater
size. The property was home to a recycling
business, but they argued if it cancelled its
lease, the only value remaining would be from
the billboard.
- June 19, 2002: L&I denied the permit
as it was within 660 feet of a bridge of the
Schuylkill River, that at 2,400 square feet of
signage was larger than the 1,200 square feet
allowed, and no existing sign of equal or
greater size was to be removed.
- May 14, 2002: 2900 Ellsworth
Associates and Clear Channel applied for a
permit to erect a 98-foot high, free-standing,
double-faced, illuminated billboard.
|
|
|
|
|
|
|
|
|
