Marshall v. City of Philadelphia

OPINION

Justice McCAFFERY.

In this zoning matter, we must determine if the Commonwealth Court applied an improper standard in reversing a zoning board’s grant of a variance.

On November 8, 2010, the Archdiocese of Philadelphia (“Archdiocese”) filed an Application for Zoning/Use Registration Permit with the Philadelphia Department of Licenses and Inspections (“L & I”) for conversion of the Nativity B.V.M. Elementary School into a 63-unit, one-bedroom apartment complex for low income senior citizens, to be called Nativity B.V.M. Place. The school, in the Port Richmond section of Philadelphia, had…