Obtaining Zoning Variance to Build House with a Garage

Our real estate developer client sought to build a single-family home with a front-loading garage on a vacant lot located in the Fairmount section of Philadelphia. We were retained to obtain a zoning variance because a front-loading garage in this proposed building structure is not allowed by the Philadelphia Zoning Code.

Appealing the Zoning Refusal from L&I

After we received the Notice of Refusal issued by the City of Philadelphia’s Department of Licenses and Inspections (L&I), we appealed the ruling to the City of Philadelphia’s Zoning Board of Adjustment (ZBA).

Making the Case for Off-Street Parking

In arguing the merits of the zoning appeal, we noted that parking is not allowed on the street in front of the property and, thus, creating a curb cut in front of the property would not eliminate any available parking for the other residents. Furthermore, we emphasized the other instances on that block and other blocks within the vicinity of the property that obtained governmental approval to allow for off-street parking under similar circumstances.

Addressing Community Concerns Early

After distributing the requisite written notice of the community meeting, the nearby property owners contacted us with their opposition to this real estate development project. They were concerned the erection of the proposed building structure would have a negative impact on their enjoyment of light and air to their properties.

Rather than waiting to address their concerns during our presentation of the merits of the zoning appeal in front of the community, we personally met with them and our real estate developer client. This went a long way with them, and they elected to support this real estate development project after we answered their questions and addressed their concerns.

Unanimous ZBA Approval Secured

The remainder of the zoning variance project went by flawlessly, as we received community support, including of the property owners closest to the property. The ZBA ultimately unanimously approved the zoning variance.