Turchi v. Philadelphia Board of License & Inspection Review

20 A.3d 586, 2011 Pa. Commw. LEXIS 175, 2011 WL 1486066
CourtCommonwealth Court of Pennsylvania
DecidedApril 18, 2011
Docket1273 C.D. 2010, 1274 C.D. 2010
StatusPublished
Cited by18 cases

This text of 20 A.3d 586 (Turchi v. Philadelphia Board of License & Inspection Review) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turchi v. Philadelphia Board of License & Inspection Review, 20 A.3d 586, 2011 Pa. Commw. LEXIS 175, 2011 WL 1486066 (Pa. Ct. App. 2011).

Opinion

OPINION BY

Judge COHN JUBELIRER.

John J. Turchi, Jr. and Mary E. Turchi (Landowners) appeal from the May 19, 2010, Order of the Court of Common Pleas of Philadelphia County (trial court) affirming the November 9, 2008, decision of the Philadelphia Board of License and Inspection Review (Board) that reversed the November 19, 2007, decision of the Philadelphia Historical Commission (Historical Commission) approving a permit for the renovation and development of a historically designated building, the Dilworth House, located at 223-25 South Sixth Street within the City of Philadelphia’s (City) Society Hill Historic District (the Project). Based on its interpretation of the Historic Preservation Ordinance, Philadelphia Code (Code) §§ 14-2007(1)-(10), the Historical Commission approved the Project and concluded that: (1) the renovations proposed in the Project were not a “demolition in significant part” and, therefore, the Project was an “alteration” 1 and not a “demolition” 2 under Section 2(f) (Minutes of Meeting of the Historical Commission, September 8, 2006, at 32, R.R. at 341a; Minutes of Meeting of the Historical Commission, November 9, 2007, at 14, R.R. 366a); and (2) the Project’s renovations were “appropriate” under Section 7(k) of the Historic Preservation Ordinance. (Minutes of Meeting of the Historical Commission, September 8, 2006, at 35, R.R. at 344a; Minutes of Meeting of the Historical Commission, November 9, 2007, at 14, R.R. at 366a; Code §§ 14-2007(2)(f), (7)(k).) Concerned Citizens in Opposition to the Dilworth Development (Concerned Citizens) and the Society Hill Civic Association appealed to the Board. The Board disagreed with the Historical Commission’s interpretations of “demolition in significant part” and “appropriateness” of the Project under the Historic Preservation Ordinance and disapproved the permit. (Board Op. at 1-9.) Landowners appealed to the trial court, which affirmed the Board on the basis that neither the Phila *588 delphia Home Rule Charter (Home Rule Charter), nor the Code, contains any language requiring that the Board grant deference to the Historical Commission. Landowners now appeal to this Court. 3

This appeal arises from Landowners’ application to the Historical Commission for a permit to develop the Project pursuant to Section 7 of the Historic Preservation Ordinance, Code § 14-2007(7) (establishing the procedures for obtaining a permit to alter or demolish an historically-designated building). 4 The Project consists of the renovation and preservation of the brick-clad main portion of the Dilworth House and the removal of the side and rear wings, which would be replaced with a sixteen-story condominium structure that would connect to the Dilworth House. Because the Project requires the removal of the side and rear wings, along with integration of the condominiums into this historically-designated property, Landowners must comply with the permitting procedures of the Historic Preservation Ordinance. Additionally, because the Project requires the removal of a portion of an historically-designated property, the Historical Commission must first determine, pursuant to Section 2(f), whether this removal constitutes a “significant part” of the building because, and if it does, Section 7(j) prohibits the issuance of a permit unless the Historical Commission finds that the removal is in the public interest or that the building, structure, site, or object cannot be used for any purpose for which it may reasonably be adapted. (Code §§ 14-2007(2)(f), (7)(j), R.R. at 316a, 323a.) If the Project constitutes a removal not “in significant part,” the removal is considered an “alteration,” not a “demolition.” (Code §§ 14-2007(2)(a), (f), R.R. at 316a.) The characterization of the Project as either an “alteration” or a “demolition” determines the factors that a permit applicant must satisfy to obtain a permit. Where the Historical Commission has no objection, the Board shall grant the permit subject to other applicable requirements, including, inter alia, those found in Section 7(k) regarding “appropriateness.” (Code §§ 14-2007(7)(g), (k), R.R. at 322a-324a.)

In this case, upon Landowners’ application for a permit to renovate the Dilworth House, 5 the Historical Commission initially referred the application to its Architectural Committee. 6 After hearing testimony that the wings, which Landowners sought to remove, were not a defining feature of *589 the Dilworth House because they were service areas, were not architecturally significant portions of the Dilworth House, and were not visible parts of the Dilworth House, the Architectural Committee determined that the Project: (1) was not a “demolition in significant part” pursuant to Section 2(f) of the Historic Preservation Ordinance and, therefore, was an “alteration” pursuant to Section 2(a); and (2) was “appropriate” pursuant to Section 7(k) of the Historic Preservation Ordinance.

Next, the full Historical Commission bifurcated its consideration of the Project. The Historical Commission first voted unanimously to approve the Project in concept, with one abstention. (Minutes of Meeting of the Historical Commission at 35, September 8, 2006, at 35, R.R. at 344a.) The Historical Commission granted final approval on November 9, 2007, after the Project was again discussed in an open public meeting, unanimously approving it as “not a ‘demolition in significant part’ ” and, therefore, an alteration. (Minutes of Meeting of the Historical Commission, November 9, 2007, at 14, R.R. at 366a (emphasis added).)

Concerned Citizens appealed the Historical Commission’s decision to the Board claiming, inter alia, that it committed errors of law: (1) in finding that the Project was not a “demolition” pursuant to the Historic Preservation Ordinance; (2) by not applying the proper Secretary of the Interior’s “Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings” (the Secretary’s Standards), specifically Standards 1, 2, 9, and 10 of 36 C.F.R. § 67.7(b); and (3) by not applying the Historic Preservation Ordinance to the Project. Additionally, the Society Hill Civic Association, Matthew DiJulio, and Benita Fair Langsdorf appealed the Historical Commission’s decision on similar grounds and also claimed, inter alia, that the decision should be reversed because it was arbitrary and capricious. The Board held six full record hearings, issued findings of fact and conclusions of law, and reversed the Historical Commission. In doing so, the Board disagreed with the Historical Commission’s interpretations of the terms “alteration” and “appropriateness” in the Historic Preservation Ordinance and determined that: (1) “the November []9, 2007 approval by the Historical Commission that ... [the] application ‘is not a demolition in significant part’ was in error,” (Board Op., Conclusion of Law (COL) ¶ 5); and (2) “the ... approval [of] ...

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Cite This Page — Counsel Stack

Bluebook (online)
20 A.3d 586, 2011 Pa. Commw. LEXIS 175, 2011 WL 1486066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turchi-v-philadelphia-board-of-license-inspection-review-pacommwct-2011.