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Appellants Brief in Support of Overturning ZBA's Decision

Appellants Brief in Support of Overturning ZBA's Decision

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Published by Jordan Rushie
Appellants Brief in Support of Overturning ZBA's Decision to allow the WRCP to demolish historical bank buildings in Kensington.
Appellants Brief in Support of Overturning ZBA's Decision to allow the WRCP to demolish historical bank buildings in Kensington.

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Categories:Types, Business/Law
Published by: Jordan Rushie on Apr 05, 2013
Copyright:Attribution Non-commercial

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07/10/2013

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In the Court of Common PleasFirst Judicial District of Pennsylvania
Karen Lewis and CarmenBolden,
 Appellants,
Statutory Appealv.September Term 2012Philadelphia Zoning Board of  Adjustment
and 
City of Philadelphia
City Law Department1515 Arch St, 16th FloorPhiladelphia PA 19102, 
 Appellees.
No. 120900976Statutory Appeal
Re: Zoning Board CalendarNo. 17519 (1942, 1944, 1946-48, 1950-52 and 1954-58 N.Front Street).Order
Today, this day of 2013, uponconsideration of the parties’ briefing, and a
er a hearing was held,it is hereby ordered that the decision of the Zoning Board of Ad- justment is reversed, and the Women’s Community Revitalization'srequest for a variance is denied.
 
 
 

:
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. 209066Mulvihill & Rushie LLC2424 East York Street • Suite 316Philadelphia, PA 19125215.385.5291
 Attorneys for Appellants
In the Court of Common PleasFirst Judicial District of Pennsylvania
 
Karen Lewis and CarmenBolden,
 Appellants,
Statutory Appealv.September Term 2012Philadelphia Zoning Board of  Adjustment
and 
City of Philadelphia
City Law Department1515 Arch St, 16th FloorPhiladelphia PA 19102, 
 Appellees.
No. 120900976Statutory Appeal
Re: Zoning Board CalendarNo. 17519 (1942, 1944, 1946-48, 1950-52 and 1954-58 N.Front Street). Appellants’ Brief In Support of Overturning the ZBA’s Decision1. 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 Women’s Community Revitalization Project (WCRP) wants to demolish historical Kensington bank buildings situated inthe area and build 25 low income residential units. These families will live under the noisy Berks El subway station, and their chil-dren’s 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 WCRP’s proposal will hamper commercial development in an areaexperiencing revitalization.  WCRP commissioned a study in 2011acknowledging that there are 93 businesses operating close to wherethis project was proposed
1
. But perhaps more telling is what WRCP’s 2011 study does
not
acknowledge
 —
any commercial devel-opment that occurred a
er 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
omthe property), Feast Your Eyes Catering, Kung Fu Neck Tie, andthe Blue Line Market. Existing businesses like the El Bar and The Alley Bar have recently been renovated. The area around the BerksEl is experiencing a commercial revitalization consistent with therevitalization 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. W CRPhas o
ff 
ered no evidence that commercial use of the property is anunnecessary 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 
om Urban Partners, who was retained by WCRP. Exhibit A.
Case ID: 120900976

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