The Commonwealth Court of Pennsylvania affirmed a Court of Common Pleas determination reversing the Philadelphia Zoning Board of Adjustment’s order granting Conrail variances to erect outdoor advertising signs on its property adjacent to Interstate Route I-95 in South Philadelphia.
The primary issue here was whether substantial evidence supported the Board’s findings that Conrail would suffer unnecessary hardship if the variances were denied.
Noting that the burden of proof falls squarely on the party seeking a variance, the Court held that Conrail was unable to show unnecessary hardship because it could not show any unique physical circumstances or conditions justifying the variance.
Continue reading Scenic Philadelphia and FDR Park v. Zoning Board of Philadelphia — 772 A.2d 1040