Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of The Graduate Hospital v. Zoning Board of Adjustment, No. 7916 May Term, 1982.
Lenard L. Wolffe, Pechner, Dorfman, Wolffe, Rounick & Cabot, for appellants, S. David Fineman, Esquire et al.
Mary Rose Cunningham, Chief Assistant City Solicitor, with her, Mark A. Aronchick, Acting City Solicitor, for appellants, Philadelphia Zoning Board of Adjustment.
Andrew J. Gowa, with him, Larry Haft, Blank, Rome, Comisky & McCauley, for appellee.
Harold R. Berk, for Amicus Curiae, Addison Street Preservation Committee.
Judges Williams, Jr., Barry and Barbieri, sitting as a panel of three. Opinion by Judge Barry.
[ 82 Pa. Commw. Page 375]
This appeal is from an order of the Court of Common Pleas of Philadelphia which reversed an order of the Philadelphia Zoning Board of Adjustment (Board). The Board had sustained an appeal filed by the instant appellants, S. David Fineman and other neighborhood residents, against an administrative decision of the Philadelphia Department of Licenses and Inspections to issue a permit for animal housing, research laboratories and offices in a building at 415 South 19th Street in Center City Philadelphia.
The building in question was originally owned by The University of Pennsylvania, which for over fifty years owned The Graduate Hospital (Hospital), appellee herein. When the Hospital separated from The University of Pennsylvania in 1977, the building was conveyed to the Hospital by deed dated September 21, 1977. The building has five floors consisting of approximately 5,000 square feet on each floor.
[ 82 Pa. Commw. Page 376]
In 1966, The University of Pennsylvania applied for a permit to use the building for medical offices and research laboratories not to exceed 2,200 square feet. At that time, the area was zoned "C-2". The Philadelphia Code (Code) provided then, as it does now:
§ 14-303. "C-2" Commercial District
(1) Use Regulations -- General. The uses permitted in this ...