Philadelphia, PA – Councilmember Jeffery Young is taking up the legal battle initiated by former City Council President Darrell L. Clarke against the Zoning Board of Adjustment (ZBA). Clarke’s lawsuit alleges that the ZBA unlawfully granted a variance for a proposed apartment building on North Broad Street. Young, now representing the 5th District after Clarke’s retirement, has decided to continue the case based on the community’s request.
The core issue revolves around a 225-unit apartment building proposed in 2019 by the Bock Development Group for 1451 N. Broad St. The site, largely vacant except for a one-story Holy Temple, falls under a zoning category that typically allows for robust neighborhood commercial corridors but limits building height to 55 feet. The Bock Group sought a variance to construct a 19-story tower, arguing it made sense due to the location’s centrality and proximity to subway lines.
Over the past two years, the ZBA has voted in favor of allowing the developer to exceed the zoning restriction by three times. Clarke, along with some local community groups, voiced opposition to the project, citing concerns about its impact on the character of the Yorktown neighborhood. During the same period, Clarke also pursued legal action against other multifamily developments in the area.
However, Clarke encountered a procedural setback when the Court of Common Pleas ruled that he did not have the standing to appeal the ZBA’s ruling as a district Council person. To proceed with the case, he would need to represent the entire City Council, which required an ordinance rather than a resolution. Clarke appealed this decision, and the Commonwealth Court is set to hear the argument on April 11.
Should the Commonwealth Court side with Young, the Court of Common Pleas will reexamine the legality of the ZBA’s ruling. On the other hand, if the ruling favors the ZBA, it would be too late for Young to pass an ordinance and give himself standing in the case. The outcome of the court case will determine the fate of the proposed development.
The Bock Group remains hopeful about the project’s future, but its progress is contingent on the court’s decision. Tom Bock, president of the Bock Group, emphasized the need for clarity in order to move forward with the development. Young, now Council’s representative in the zoning case, delivered a speech addressing the city’s zoning laws, echoing many of Clarke’s previous arguments.
Young pointed out that the ZBA exists to address property owners’ desire to develop or use their land in a manner that doesn’t conform to existing regulations. This clarification aims to provide understanding and transparency to the community regarding the purpose and functions of the zoning board.
As Young carries on the lawsuit, the clash between the ZBA and proponents of neighborhood preservation intensifies. The court’s decision will not only impact this particular development but also set a precedent for future zoning disputes in Philadelphia.