Kelly v. Zoning Board of Adjustment

Memobandum-Opinion by

Judge Sloane,. This is an appeal from the decision of the Zoning Board approving a City Council Ordinance upgrading land from “C-2” Commercial to “R-9A” Residential. The subject tract is within Philadelphia and is bounded by Greenwood Street, Fayette Street, Vernon Road and Michener Street. Despite its trapezoidal shape, the tract is commonly known as the “Vernon Road Triangle”.

Appellants are owners of commercial stores located within the Vernon Road triangle. They contend that the reclassification (1) violates zoning policy and property rights by creating nonconforming…