• FIVE TESTS that must be met in order to establish a “hardship.” 

    “To establish entitlement to a variance, an applicant must show:

    (1) an unnecessary hardship will result if the variance is denied, due to
    the unique physical circumstances or conditions of the property;

    (2) because of such physical circumstances or conditions the property cannot be developed in strict conformity with the provisions of the zoning ordinance
    and a variance is necessary to enable the reasonable use of the property;

    (3) the hardship is not self-inflicted;

    (4) granting the variance will not alter the essential character of the neighborhood nor be detrimental to the public welfare; and

    (5) the variance sought is the minimum variance that will afford relief.”

    (See Page 13 of the below ruling)

    [PDF] IN THE COMMONWEALTH COURT OF PENNSYLVANIA CATHERINE BRADLEY ARTER, ET AL. v. PHILADELPHIA ZONING BOARD OF ADJUSTMENT
    Feb 8, 2007 – v. : No. 1335 C.D. 2005. : Philadelphia Zoning Board of. : Argued: November 15, 2006. Adjustment, Anna Batten … Catherine Bradley Arter, Edward R. Becker, Flora L. Becker, Harold Byer, … affirming the decision of the Zoning Board of Adjustment of the City of ….. Greenwood Cemetery, et al. …
    http://www.courts.state.pa.us/OpPosting/cwealth/out/1335CD05_2-8-07.pdf

  • Political Assassin

    Taylor urges state to reject permit for trash transfer terminal in Bridesburg
    12/10/2010

    In fighting a proposed trash transfer terminal in Bridesburg, Rep. John Taylor (R-Philadelphia) issued the following letter to Mohamad Mazid, chief of engineering services for the southeast regional office of the PA Department of Environmental Protection (DEP).

    John Ryan, representative of Aramingo Rail Transfer LP, and Mazid, met with the members of the community Dec. 9 to get input on Ryan’s plan to open a trash transfer station at 2580 Church Street:

    Mr. Mazid:

    I am writing to formally declare my opposition to the Aramingo Rail Transload Terminal, which your agency is investigating under PaDEP permit #101703.

    While the proposed terminal’s owners argue that using rails to move waste removes trucks from the state’s roads, the facility will cause thousands of additional trucks to converge on local roads, as well as the I-95 corridor, exacerbating our already congested traffic conditions.

    Those trash trucks and the new terminal will produce odors that will leach into the nearby homes and businesses. Despite the terminal’s efforts to contain pestilence, the facility will lure rats, bugs and birds that will cause residual problems for the community.

    Bridesburg is undergoing a resurgence in new retail business valued at an estimated $45 million. The proposed terminal will cripple this economic rebound. This is not the kind of industry we need a few thousand feet from stores that need family shoppers to thrive.

    And that will only cause property values to plunge, not just of the businesses in the area, but the homes.

    Through its history, Bridesburg has absorbed its fair share of factories and utility plants. The community has struggled to thrive despite these handicaps. We do not need a trash-transfer terminal to add to this burden.

    I appreciate your effort listening to the community’s concerns during the Dec. 9 meeting in Bridesburg, but urge you to reject the permit based on the concerns outlined here and what you heard from the neighbors who will be most affected by the trash terminal.

    Sincerely,

    State Representative John J. Taylor
    District 177

    Rep. John Taylor
    177th District
    Pennsylvania House of Representatives
    (215) 425-0901
    (717) 787-3179
    http://www.RepTaylor.com
    Contact: David Foster
    (215) 744-2600
    http://www.pahousegop.com

  • lyndad

    It does seem
    like it would alot of businesses and home owners.