South of South Street Neighborhood Ass'n v. Philadelphia Zoning Board of Adjustment

DISSENTING OPINION BY

PRESIDENT Judge PELLEGRINI.

I respectfully dissent because the Philadelphia Zoning Board of Adjustment’s (Zoning Board) Findings of Fact do not support the grant of a variance in this case. As noted by the majority, the Zoning Board stated two reasons why it concluded that Dung Phat LLC had established unnecessary hardship: (1) the building would require extensive reconstruction to be suitable for a modern industrial use; and (2) Dung Phat LLC had unsuccessfully tried to sell the property for an industrial use over several years.

To establish unnecessary hardship, an…