Land Use & Zoning Archives

Commonwealth Court rules on zoning for residential dwellings

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Feb 23, 2016.

As we have written about in earlier posts, in some cases zoning issues play a role in the viability of a development. When matters involving zoning arise, there are different approaches that can be taken to try to resolve them. Sometimes, it involves taking the Philadelphia Zoning Board of Adjustment to court. A case of this nature was recently resolved.

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Residential developer receives zoning variance for project

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Jan 29, 2016.

In an earlier post we wrote about the zoning laws in Philadelphia. These laws, which govern a variety of matters, are a part of the Philadelphia Zoning Code. When the developer of a property seeks to do something prohibited by the code, a variance may be sought. The Philadelphia Planning Commission recently approved a variance for a residential development in Point Breeze.

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Successful construction projects comply with zoning regulations

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Jan 13, 2016.

In the course of any construction project there are many factors that need to be addressed. In a recent post we wrote about securing financing. While an important piece, it is not the only thing that needs to be addressed. It is imperative the details of the project fit into what the city has designated as appropriate for an area. In the City of Philadelphia, the Philadelphia Zoning Code contains these regulations. The failure to comply with these regulations could result in the demise of a project.

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Does zoning have a bearing on poverty rate?

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Nov 11, 2015.

As any developer likely knows, when it comes to building projects, zoning can be a help or a hindrance to the process. Zoning rules not only designate how land can be used, but provide guidelines regarding the designation of structures and buildings as well. These rules are made at the local level by zoning commissions appointed by local politicians and can impact not only the businesses that exist in a specific area, but also the demographic of those who reside there.

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Property rights and commerce collide when oil trains pass by p2

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Oct 14, 2015.

Land use policy is — or should be — geared toward achieving the property’s highest and best use. The problem is that policymakers may disagree on what exactly the highest and best use is. Take Philly’s waterfront: At one time, factories and an enormous shipyard provided the most value to the landowners and the community. Over time, our understanding of value came to include the environmental toll and the noneconomic benefits of open spaces in a big city.

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Property rights and commerce collide when oil trains pass by

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Oct 11, 2015.

We have written about property rights (the “bundle of sticks”) in the past, and we have written about railroads and property rights. When railroad tracks or public roads lie adjacent to private land, there is always the potential for a property rights dispute, and those disputes boil down to one key issue: While railroads are a critical part of the country’s infrastructure, the owners of property near a railroad have the right to demand assurances that they and their property will be safe.

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Seeking zoning approval for a Philadelphia project

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Sep 26, 2015.

In our last post, we spoke a bit about developer Chancellor Hotels’ Hudson Hotel proposal for downtown Philly and its decision to seek zoning reclassification for the project. Zoning issues are common in real estate development and developers need to know how to navigate zoning laws when problems come up.

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Developer seeks change in proposed hotel’s zoning classification

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Sep 24, 2015.

Next week, the Philadelphia City Council will reportedly be voting on a proposal to change the zoning classification for the Hudson Hotel, a project planned by Chancellor Hotels which was approved back in February. The hotel, which is to be located at 17th and Chancellor Street, was most recently planned to stand 12 stories tall, with 310 rooms.

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I’ll be back (on your property): Can an easement be terminated?

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Sep 21, 2015.

We have posted about easements many times before — our series last summer, “Dune Look Now,” is just one example. Landowners use easements as a way to settle property disputes without anyone having to sell. Private companies, individuals, the government and every other property owner use easements for all types of land uses. A government may need an easement for road construction; a power company may need an easement to gain access to power lines; a homeowner may need an easement to access his home from the main road. Easements allow a certain amount of flexibility in the sometimes rigid area of real estate law.

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A casino development hits a snag, but for once it’s not Revel p2

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Aug 28, 2015.

We are talking about Philadelphia’s second casino and the problems that developer Stadium Casino L.L.C. have run into since November. It was in mid-November that the Pennsylvania Gaming Control Board chose Live! Hotel and Casino above a handful of competitors for the city’s second and last casino license.

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