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Philadelphia Metropolitan Area Real Estate Law Blog

Yes, there is a Santa Claus; he's just not on the zoning board

The five members of a Pennsylvania town's Zoning Hearing Board will be getting lumps of coal in their stockings at Christmas -- or even sooner -- if one neighborhood has anything to say about it. The board recently vetoed a variance that would have allowed a family to build an "accessory structure" in their front yard. The variance was needed because the structure violated the 35-foot setback mandated by borough law.

This wasn't just any structure, though. It was an 8-foot by 6-foot treehouse that the homeowner was building for his 11-year-old daughter.

Commercial properties rebound, more attractive to investors

There is a great Shirley Temple movie called "Stand Up and Cheer." The year is 1934, and the country is in the depths of the Great Depression. President Roosevelt creates a Department of Amusement and gives the top job to a theatrical impressario. His job is simple: Cheer up the nation. The movie ends with a news flash: The Depression is over! Banks are opening up again! "We're out of the red!" A musical number follows, and we all, yes, stand up and cheer.

Of course, the Great Depression had no big "We're out of the red!" moment, even in retrospect. Neither, Philadelphia can tell you, did the Great Recession. But recent market analyses show that one major sector of the economy, commercial real estate, is climbing out of the hole created by the 2008 financial meltdown.

Woman injured in Philadelphia building collapse files lawsuit

The news of a building collapse in Center City made headlines well beyond Philadelphia. Investigators are still looking into what exactly caused the demolition of a four-story building on Market Street to go so wrong. The building fell on the Salvation Army Thrift Shop, taking that structure down as well. In the end, six people were dead and another 13 injured. 

One of the injured, a 54-year-old woman who worked at the store, has filed the first lawsuit in the matter. She claims the owner and the construction company involved with the demolition were "grossly reckless, if not criminally negligent." Her attorney has asked for immediate access to the site to launch his own investigation and, he said, to preserve evidence.

School's out forever for 23 Philadelphia public schools, part 3

This post will conclude our discussion about the Philadelphia School District's plans to sell, repurpose or raze some 23 school buildings. In many cases, residents and businesses surrounding the shuttered sites have fought hard to keep the schools open. A combination of economics, dwindling population and deteriorating sites, though, have forced the district to close the buildings and move on.

As we said in our last two posts, moving on will require more input from the community. Any plan for a site must be considerate of the people and companies that call the neighborhood home. And that is one thing that a group of University of Pennsylvania School of Design students as well as district and city officials endorse.

School's out forever for 23 Philadelphia public schools, part 2

We are continuing our discussion from our last post about the challenges ahead for the Philadelphia School District and the 23 school buildings the district will close over the summer. A number of factors drove the decisions, including population loss in the district, competition from charter schools, funding shortfalls and conditions of the sites themselves.

The buildings represent a tremendous development opportunity for the city, but any plan will need the buy-in of the community surrounding each site. That includes businesses and residents, some of whom have already put a good deal of energy into trying to save the school.

School's out forever for 23 Philadelphia public schools come June

The Philadelphia School District has completed the difficult process of identifying which of its buildings will close its doors permanently over the summer. The process was fairly contentious, with residents and businesses fighting hard to keep their own neighborhoods' school open. In the end, officials decided on 23 sites to shutter.

What now? The city had help with the next step in the process. A group of students from the University of Pennsylvania's School of Design spent a few months studying the options and recently presented their findings to the district. The district is not bound to follow the report's recommendations. However, one district official said that the students' plan mirrors preliminary plans the district has been working on.

Subaru may put confidence in motion at Philadelphia's Navy Yard

Subaru of America Inc. is looking for a new North American headquarters site, and the real estate buzz is that Philadelphia's Navy Yard is under consideration. The automaker has been in its current Cherry Hills, New Jersey, building since 1986.

The Navy Yard is in a Keystone Opportunity Zone, though it is unclear if Subaru would qualify for the state and local tax breaks that come with the designation. Other companies have taken advantage of the incentives. GlaxoSmithKline PLC, for example, officially opened its new facility in April 2013, deciding that a new facility and a unique work environment in a development dedicated to sustainability were a good investment.

City releases development plan for lower Schuylkill area

On Thursday, the City of Philadelphia will be releasing a development plan for six miles along the lower Schuylkill. The area, which accounts for 68 percent of the city's underused and vacant industrial land, has been identified as ripe for new roads, green space, walking and bicycle paths, and especially for industrial and commercial uses that will generate new jobs.

Because of the land use that predominated in the area in the past, the stretch of land is largely hidden from the public, which has little to no access to the area.

City Council Committee approves zoning changes for Old City

Philadelphia's Old City is a special place for Philadelphians. Home to numerous historical sites, the district occupies several blocks between Front and Sixth Streets, bound by Vine and Walnut. The District is among the city's most popular nightlife destinations, with numerous lounges, restaurants and dive bars.

The popularity of Old City among developers is underlined by the recent disbanding of the Old City Civic Association. Founded in 1973, the organization sought to prevent new liquor licenses and tone down the scale of new development in Old City. The organization reportedly disbanded because it could no longer afford costs, having been sued by developers repeatedly over the years. 

Zoning board continues granting variances from new code for garage-fronted rowhouses

One of the unique features of Philadelphia's new zoning code, passed last year, is that it took steps to embrace a more modern view of cities, a view holding that city streets should be open and accessible to pedestrians. One local practice that has long prevented this is that of garage-fronted rowhouses. These dwellings feature faceless garage doors visible at street level, and are usually prohibitive of windows that would convey a sense of hominess

.

Unfortunately, the Zoning Board of Adjustment has not yet taken on the vision of the new code on this point. The board has reportedly been granting zoning variances permitting developers of rowhouses to install garages where livings rooms are intended to be. It isn't clear exactly how many such rowhouses have been approved since the code was introduced eight months ago. 

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