Not all properties are created equal, so to speak. Based upon the zoning code of the local jurisdiction, there are limitations as to how the property may be used and developed. If the property owner wishes to use or develop the property in a manner that differs from what is allowed by the applicable zoning code, the property owner may seek what is called a “variance” from the local zoning board.

In Jenkins v. City of Philadelphia, 2015 Pa. Commw. Unpub. LEXIS 578 (Aug. 3, 2015), the Commonwealth Court found that the city of Philadelphia’s Zoning Board of Adjustment improperly granted several variances for a property development project just north of the Chinatown section of Philadelphia.

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