Karen Lewis and Carmen Bolden, Appellants, Statutory Appeal v. September Term 2012 Philadelphia Zoning Board of Adjustment and City of Philadelphia City Law Department 1515 Arch St, 16th Floor Philadelphia PA 19102, Appellees. No. 120900976 Statutory Appeal Re: Zoning Board Calendar No. 17519 (1942, 1944, 1946- 48, 1950-52 and 1954-58 N. Front Street). Order Today, this day of 201 3, upon consideration of the parties brieng, and aier a hearing was held, it is hereby ordered that the decision of the Zoning Board of Ad- justment is reversed, and the Womens Community Revitalization's request for a variance is denied. vv rnv couvr: HON. IDEE C. FOX Case ID: 120900976 Filed and Attested by PROTHONOTARY 04 APR 2013 04:01 pm L. OWENS A. Jordan Rushie. Jordan@FishtownLaw.com Pa. Id. 209066 Mulvihill & Rushie LLC 2424 East York Street Suite 316 Philadelphia, PA 19125 215.385.5291 Attorneys for Appellants In the Court of Common Pleas First Judicial District of Pennsylvania Karen Lewis and Carmen Bolden, Appellants, Statutory Appeal v. September Term 2012 Philadelphia Zoning Board of Adjustment and City of Philadelphia City Law Department 1515 Arch St, 16th Floor Philadelphia PA 19102, Appellees. No. 120900976 Statutory Appeal Re: Zoning Board Calendar No. 17519 (1942, 1944, 1946- 48, 1950-52 and 1954-58 N. Front Street). Appellants Brief In Support of Overturning the ZBAs Decision 1. Introduction As we come marching, marching, we bring the greater days. The rising of the women means the rising of the race. No more the drudge and idler -- ten that toil where one reposes, But a sharing of life's glories: Bread and roses! Bread and roses! - James Oppenheim Case ID: 120900976 2. Facts The area under the Berks Street El subway is zoned commercially for a reason it is not the most suitable place for people to live. However, the Womens Community Revitalization Project (WCRP) wants to demolish historical Kensington bank buildings situated in the area and build 25 low income residential units. These families will live under the noisy Berks El subway station, and their chil- drens back yard will be busy North Front Street next to a bar. Not only should the less fortunate have a better place to live, but WCRPs proposal will hamper commercial development in an area experiencing revitalization. WCRP commissioned a study in 2011 acknowledging that there are 93 businesses operating close to where this project was proposed 1 . But perhaps more telling is what WRCPs 2011 study does not acknowledge any commercial devel- opment that occurred aier the study was conducted. This new de- velopment includes the Kensington High School for the Performing Arts, Liberty Choice Deli (which is directly across the street iom the property), Feast Your Eyes Catering, Kung Fu Neck Tie, and the Blue Line Market. Existing businesses like the El Bar and The Alley Bar have recently been renovated. The area around the Berks El is experiencing a commercial revitalization consistent with the revitalization of the Fishtown and East Kensington neighborhoods. The WRCP cannot seriously argue it is impossible to use the prop- erty for commercial purposes considering this recent development, which includes a brand new market directly across the street. WCRP has oered no evidence that commercial use of the property is an unnecessary burden, and WCRP has never even placed this property on the open market. Karen Lewis, et. al. v. Zoning Board of Adjustment, et. al. Brief in Support of Overturning Decision of ZBA 2 1 See study iom Urban Partners, who was retained by WCRP. Exhibit A. Case ID: 120900976 Furthermore, local neighborhood organizations held meetings with the developers, and those neighbors overwhelmingly voiced their opposition. On May 9, 2012, Fishtown Neighbors Association, East Kensington Neighbors Association, and Norris Square Civic Asso- ciation held a joint community meeting 2 . The community voted 61 against the project, and only 21 in support. The only community organization supporting the project, Norris Square, has a nancial interest in the project it holds a mortgage on the property. (Ex- hibit B). The banks also have signicant historical value, and were placed on the National Register of Historic Places. (Exhibit C). Destroying these buildings will have an adverse impact not only on the appellants properties but the community as a whole. It is not a battle against low income housing like WRCP contends. This is about sensible urban development, historic preservation, and treating Philadelphias low income residents with basic human dignity. Taking into account the amount of vacant land in the sur- rounding neighborhood that could be utilized for low income hous- ing, the revitalization of Front Streets commercial corridor, and the historical value of the bank buildings, this project is does not warrant a variance. The neighborhoods deserve better and their residents deserve bet- ter. 3. Legal Argument 1942 N. Front Street is located in a district zoned C-2 under the Karen Lewis, et. al. v. Zoning Board of Adjustment, et. al. Brief in Support of Overturning Decision of ZBA 3 2 Fishtown Neighbors, East Kensington Neighbors, and Norris Square Civic have concurrent jurisdiction over the property. It is on the border of all three neigh- borhoods. Exhibit D. Case ID: 120900976 former Philadelphia Zoning Code 3 . L&I refused their application because (1) residential dwellings are not permitted under 14- 303(2)(a) of the Code, and (2) the Code required 25 accessory parking spaces while only 10 were provided. On March 9, 2012, WCRP led an appeal and requested a use variance, claiming the property cannot be used for commercial purposes. The variance was granted by the ZBA on August 14, 2012. The appellants contend granting the variance was an error. A party seeking a variance must show that (1) an unnecessary burden will occur if the variance is not granted, and (2) the variance will not be contrary to the public interest. Socy Created to Reduce Urban Blight v. Zoning Bd. of Adjustment, 787 A.2d 1123 (Pa. Cmwlth. 2001) (SCRUB, Amtrak Appeal). The unnecessary hardship must arise iom the particular physical surrounding, shape, or topographical conditions of the specic structure or land involved. Section 14-1802(1)(a) of the Zoning Code. See also Section 910.2(a)(1) of the Pennsylvania Municipali- ties Planning Code (MPC) (requiring that a zoning board nd un- necessary hardship due to physical circumstances of conditions before granting a variance). Furthermore, the unnecessary hardship must be unique to the property rather that a hardship arising iom the impact of zoning regulations on an entire district. Soc'y Created to Reduce Urban Blight, 787 A.2d at 1126. The party seeking the variance bears the burden of proving that (1) unnecessary hardship will re- sult if the variance is denied, and (2) the proposed use will not be contrary to the public interest. Valley View Civic Assn v. Zoning Bd. of Ad- justment, 501 Pa. 550, 555-556 (Pa. 1983). WRCP has not demonstrated an unnecessary burden, nor has it mets its burden of demonstrating that the variance is not contrary to Karen Lewis, et. al. v. Zoning Board of Adjustment, et. al. Brief in Support of Overturning Decision of ZBA 4 3 Under the new Zoning Code it is zoned CMX-2. Case ID: 120900976 public interest. a. WCRP has oered no evidence of an unnecessary hard- ship WCRP oered no evidence that it cannot develop the property in accordance with Section 14-303(2)(a). Accordingly, the variance should have been denied. Tioga United, Inc. v. Zoning Bd. of Adjustment, 2011 Pa. Commw. Unpub. LEXIS 16 (Pa. Commw. Ct. 2011) is al- most identical to this case. In Tioga United, the applicant sought a variance under section 14-303(2)(a) of the Code. The ZBA granted a use variance permitting the applicant to construct seven attached single-family homes on a tract of land in the Tioga section of Phila- delphia. The trial court overturned the ZBAs decision. In uphold- ing the trial courts reversal, the Commonwealth Court held that the appellant: failed to satisfy its burden to prove that it could not develop the Property in accordance with the zoning ordinance. Further, New Life's reliance upon the purported understanding of City Council and other City agen- cies and ocials regarding New Life's intended use of the Property is misplaced in the context of a pure variance request. The sole consideration is whether the Property itself has some fundamental physical characteristic that prevents development in accor- dance with the zoning ordinance. New Life has failed to demonstrate such a hardship. Accordingly, we conclude that the trial court did not err in conclud- ing that the ZBA incorrectly determined that New Life was entitled to a use variance. Tioga United, Inc. v. Zoning Bd. of Adjustment, 2011 Pa. Commw. Unpub. Karen Lewis, et. al. v. Zoning Board of Adjustment, et. al. Brief in Support of Overturning Decision of ZBA 5 Case ID: 120900976 LEXIS 16, 13-14 (Pa. Commw. Ct. 2011) WCRPs own study acknowledged that there were 93 businesses in the area as of 2011 4 . On the same block is a brand new deli, a thrii store, the Berks El, a bar, and a tire shop. WRCP has pointed to no fundamental characteristic preventing it iom developing the prop- erty in accordance with the Code. This is hardly an area where commercial development has been rendered impossible: Blue Line Market, 1832 N. Front Street Karen Lewis, et. al. v. Zoning Board of Adjustment, et. al. Brief in Support of Overturning Decision of ZBA 6 4 Exhibit A Case ID: 120900976 Liberty Choice Market, 1947 N. Front Street Further, WCRP is requesting a use inconsistent with the rest of the surrounding area. Assuming the property could only be used for residential purposes, which is not the case, the variance does not represent the minimum departure iom the terms of the zoning or- dinance necessary to permit reasonable use of the property. WCRP is proposing high density residential units. The units behind Front Street are mostly single family town homes. There is no reason WRCP could not build a project with less units. In addition, WCRP could simply put commercial use on the rst oor of the units and residential on the top. Accordingly, the variance should be denied, and this Court should overturn the ZBAs decision. Karen Lewis, et. al. v. Zoning Board of Adjustment, et. al. Brief in Support of Overturning Decision of ZBA 7 Case ID: 120900976 b. The variance is contrary to public interest The requested variance is contrary to public interest. The ZBA erred by nding that the registered community organization sup- ports this project. Specically, in Paragraph 14, the ZBA found that Mr. Beauvis pointed out two letters of support, one iom Youth United for Change and the Norris Square Civic Association, which is the registered community organization. Norris Square Civic Association is not the only community organization with jurisdic- tion. There is concurrent jurisdiction over this project with East Kensington Neighbors Association, Fishtown Neighbors Associa- tion, and Norris Square Civic Association. (Exhibit D). The only community organization to support this project, Norris Square, sold the property to WCRP, and holds a mortgage on it. In addi- tion, Youth United for Change is headquartered in a building owned by Norris Square. (Exhibit E). The surrounding commu- nity does not support this project. Additionally, this project is contrary to public interest for several other reasons. First, it will hamper commercial development al- ready occurring in the area. Neighbors testied that this project will reduce the amount of parking, and add too many new residents that the neighborhood cannot accommodate. (See N.T. 8/8/12 at 26, 34) Second, WRCP can use existing vacant land for this project, which Philadelphia and East Kensington have no shortage of. Third, these buildings have signicant historical value and are worth preserving. They are listed on on the National Register of Historic Places (Exhibit B). But most importantly, relegating the Citys low income residents into second rate living conditions under the El subway undermines Karen Lewis, et. al. v. Zoning Board of Adjustment, et. al. Brief in Support of Overturning Decision of ZBA 8 Case ID: 120900976 the most basic notions of human dignity. The less fortunate deserve better than that. They deserve bread and roses, too. 4. Relief. Appellants respectfully request this Honorable Court to reverse the decision of the ZBA and deny WRCP a variance. vvsvvcrvu::v suvxi rrvu, A. Jordan Rushie Attorney for Appellants, Karen Lewis and Carmen Bolden Karen Lewis, et. al. v. Zoning Board of Adjustment, et. al. Brief in Support of Overturning Decision of ZBA 9 Case ID: 120900976 Certicate of Service. I, A. Jordan Rushie, certify that I served a copy of Appellants Brief in Support of Overturning the ZBAs Decision to Grant a Variance on the following parties: Darwin Beauvis, Esquire 1818 Market Street, 13th Floor Philadelphia, PA 19103-3638 Darin J. Steinberg, Esquire 8080 Old York Road, Suite 215 Elkins Park, PA 19027
A. Jordan Rushie Dated: Thursday, April 4, 2013 Karen Lewis, et. al. v. Zoning Board of Adjustment, et. al. Brief in Support of Overturning Decision of ZBA 10 Case ID: 120900976 Exhibit A Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Exhibit B Case ID: 120900976 4/4/13 11:21 AM Search Results Page 1 of 2 http://philadox.phila.gov/picris/searchResults.jsp
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Your search returned 8 records. Page 1 of 1 is displayed. Your Search Criteria was: Any Book Number; Any Page Number; Any Document Type; Any Document Code; Any Grantor or Grantee; and House # equals 1942;and Street Name equals FRONT;and Designation equals ST;and Direction equals N;Search from 01/01/1974; Search through 03/28/2013; Limit my results to 10 Recordings per page; - Indicates the document may not have been proofed. - Displays the Document Image for the Index XXXXXXXX - Displays more Detailed Information for the Index Document ID Document Code Date Grantor Grantee Legal 41023374 DEED 03/10/1983 INDUSTRIAL VALLEY BK - TR VILLANUEVA JACK House # 1942 Direction N Street Name FRONT Designation ST BRT: 183222110 BRTSTCD: 35200 1942 N FRONT ST ETAL 47665536 MORTGAGE 12/19/1996 NORRIS SQUARE CIVIC ASSOCIATIO PHILADELPHIA URBAN FINANCE COR House # 1942 Ext 58 Direction N Street Name FRONT Designation ST BRT: 183222125 BRTPAR: X BRTSTCD: 35200 015N21-0393 48012591 MORTGAGE 01/30/1997 NORRIS SQUARE CIVIC ASSOCIATIO PHILADELPHIA URBAN FINANCE COR House # 1942 Direction N Street Name FRONT Designation ST BRT: 183222125 BRTPAR: X BRTSTCD: 35200 015N21-0358 House # 1944 Direction N Street Name FRONT Designation ST BRT: INVALIDNO BRTPAR: X BRTADDR: A BRTSTCD: 35200 015N21-0337 House # 1946 Ext 48 Direction N Street Name FRONT Designation ST BRT: INVALIDNO BRTPAR: X BRTADDR: A BRTSTCD: 35200 015N21-0045 House # 1950 Ext 52 Direction N Street Name FRONT Designation ST BRT: INVALIDNO BRTPAR: X BRTADDR: A BRTSTCD: 35200 015N21-0022 52179957 DEED 02/24/2010 NORRIS SQUARE CIVIC ASSOCIATION COMMUNITY JUSTICE LAND House # 1942 Ext 58 Direction N Street Name FRONT Designation ST PREMISES "A" 015N21-0358 House # 1942 Ext 58 Direction N Street Name FRONT Designation ST PREMISES "B" 015N21-0337 House # 1942 Ext 58 Direction N Street Name FRONT Designation ST PREMISES "C" 015N21-0045 House # 1942 Ext 58 Direction N Street Name FRONT Designation ST PREMISES "D" 015N21-0022 House # 1942 Ext 58 Direction N Street Name FRONT Designation ST PREMISES "E" 015N21-0389 52179958 MORTGAGE 02/24/2010 COMMUNITY JUSTICE LAND NORRIS SQUARE CIVIC ASSOCIATION House # 1942 Ext 58 Direction N Street Name FRONT Designation ST 52179959 SATISFACTION OF MORTGAGE 02/24/2010 PHILADELPHIA URBAN FINANCE CORPORATION NORRIS SQUARE CIVIC ASSOCIATION House # 1942 Ext 58 Direction N Street Name FRONT Designation ST 52179960 SATISFACTION OF MORTGAGE 02/24/2010 PHILADELPHIA URBAN FINANCE CORPORATION NORRIS SQUARE CIVIC ASSOCIATION House # 1942 Ext 58 Direction N Street Name FRONT Designation ST 52558619 DEED 11/09/2012 COMMUNITY JUSTICE LAND COMMUNITY JUSTICE LAND Consol/Sub C House # 1942 Direction N Street Name FRONT Designation ST COVERS PARCELS 22, 45, 337, 358, 389 015N21-0400 Case ID: 120900976 4/4/13 11:21 AM Search Results Page 2 of 2 http://philadox.phila.gov/picris/searchResults.jsp Copyright 1999-2004 Tyler Technologies, Inc., Eagle Division, All Rights Reserved. Send us your site comments and service suggestions Privacy Policy Case ID: 120900976 Exhibit C Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Case ID: 120900976 Exhibit D Case ID: 120900976 Case ID: 120900976 Exhibit E Case ID: 120900976 4/4/13 11:42 AM Search Results Page 1 of 1 http://philadox.phila.gov/picris/searchResults.jsp
Client: City of Philadelphia Title: Department of Records Connected As: CHRISTOPHER SAWYER Subscription Expires: Fri Apr 05 20:42:36 EDT 2013 Extend Subscription Search Results
Your search returned 2 records. Page 1 of 1 is displayed. Your Search Criteria was: Any Book Number; Any Page Number; Any Document Type; Any Document Code; Any Grantor or Grantee; and House # equals 1908;and Street Name equals FRONT;and Designation equals ST;and Direction equals N;Search from 01/01/1974; Search through 03/28/2013; Limit my results to 10 Recordings per page; - Indicates the document may not have been proofed. - Displays the Document Image for the Index XXXXXXXX - Displays more Detailed Information for the Index Document ID Document Code Date Grantor Grantee Legal 45501086 DEED 01/03/1992 CORESTATES BANK N A NORRIS SQUARE ECONOMIC DE House # 1904 Direction N Street Name FRONT Designation ST BRT: 183221210 BRTSTCD: 35200 015N21- 0118 35200 01904 N FRONT ST House # 1906 Direction N Street Name FRONT Designation ST BRTSTCD: 35200 015N21-0119 35200 01906 N FRONT ST House # 1908 Direction N Street Name FRONT Designation ST BRTSTCD: 35200 015N21-0383 35200 01908 N FRONT ST 50732546 MORTGAGE 08/11/2003 NORRIS SQUARE ECONOMIC DEVELOPMENT PNC BANK NATIONAL ASSOCIATION House # 1904 Direction N Street Name FRONT Designation ST House # 1906 Direction N Street Name FRONT Designation ST House # 1908 Ext 22 Direction N Street Name FRONT Designation ST Copyright 1999-2004 Tyler Technologies, Inc., Eagle Division, All Rights Reserved. Send us your site comments and service suggestions Privacy Policy Case ID: 120900976