Philadelphia Metropolitan Area Real Estate Law Blog

The Pennsylvania Supreme Court appeared split on the right of our state to restrict the use of fracking.  The case concerned in part Act 13 of the amended Pennsylvania Oil and Gas Act.  It also commented upon Section 27 of the Declaration of Rights in the Pennsylvania Constitution which provides our state’s citizens the right to preservation of our environment (among other things).

We are talking about a dispute between Douglass Township in Montgomery County and a company that purchased a large parcel of land there. The 53.4-acre site had been a tree nursery; it also falls under the Pennsylvania Agricultural Conservation Easement Purchase Program. With the blessings of township officials — and a necessary zoning exception — the new owner opened a mulch operation on 7.5 acres of the property.

Earlier this month, we wrote about a Philadelphia city councilmember’s efforts to attract a Sriracha sauce manufacturer to the area. The neighbors of the current plant have complained about the odors and fumes that come from the facility during chili mashing season. If city residents would like more first-hand information about what it’s like to live next to a troublesome neighbor, they may want to drive out to Douglass Township in Montgomer County.

We are returning to our discussion of the Urban Land Institute’s recommendations, in the wake of Superstorm Sandy, for making the region more resilient to natural disaster. Rather than coming up with a long list of projects — redrawn flood maps and changes to zoning — the report lays out a framework that every part of the country, not just Philadelphia, New York and New Jersey, can adopt.

A proposed apartment complex and parking garage in Fitler Square has been the subject of debate recently here in Philadelphia. The One Riverside project, which will house 147 apartments, was just approved for a zoning permit and a floor-area bonus for its proposed underground parking garage. The problem is that the parking garage is not completely underground, and some argue that it does not meet the requirements for the bonus.

When a developer is looking to move forward with a project, there are a number of critical steps that must be taken before ground is broken. In addition to securing funding, a real estate developer typically has to seek approval for his or her project from a local zoning board. Right now, a residential-commercial complex is being considered by a Philadelphia zoning committee.

Property owners and developers are often eager to take an existing space and turn it into something new and something that meets the needs of current customers and residents. However, this process can be quite difficult when these projects are often delayed because of old, outdated zoning and land use restrictions.

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.

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.

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.