Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Somerton Civic Association v. Zoning Board of Adjustment and Irvin Green, No. 3441 September Term, 1984.
Eugene E. Kellis, Stief, Waite, Gross, Sagoskin & Kellis, for appellant.
Joy J. Bernstein, Assistant City Solicitor, for appellee, Philadelphia Zoning Board of Adjustment.
Leonard J. Bucki, with him, Franklin Spitzer, for appellee, Irvin Green.
Judges Rogers and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Rogers.
[ 94 Pa. Commw. Page 272]
This is the appeal of Somerton Civic Association, Inc. from an order of the Court of Common Pleas of Philadelphia County upholding the grant by the Philadelphia Zoning Board of Adjustment (board) of variances to the intervenor, Irvin Green. The variances would permit Green to establish on an 11 acre tract located in an L-2 Limited Industrial [zoning] District an automobile retail sales and service establishment, a body and fender work and paint shop, an open air storage and display area and a free standing sign. The variances were required because the uses to which Green desired to put the tract were not permitted in the L-2 Limited Industrial District and because the 20 feet setback proposed for the free standing sign was one-half the setback required by the zoning regulations.
The board granted the variances and the court of common pleas, which received no additional evidence, affirmed.
The appellant contends that the intervenor failed to prove his entitlement to the variances. We agree.
The only evidence offered at the board's hearing in support of the variances is the following apparently unsworn statement made by counsel for the intervenor.
Gentlemen, this property is at the wasteland created by the ramp from westbound Woodhaven Road into northbound Roosevelt Boulevard
[ 94 Pa. Commw. Page 273]
to get off I-95. And it ravels past the race track towards the Boulevard, Route 1. The property is precisely at the intersection of the Woodhaven Road ramp and the Boulevard. Through all of the negotiations with the City in order to plan this proposed new car automobile dealership, they have requested and we have acquiesced that there be no exit or entrance from this property onto Roosevelt Boulevard. So the access is through the side near the Armory, north on the Boulevard, and ...