L&I Review Board appeal HA-2021-002157 at 1400 WHARTON ST
Dataset record from Board of License and Inspection Review, Jul 20, 2021
Appeal HA-2021-002157
DecidedTypeL&I Review Board Codes
GroundsAppellant was served with a Notice of Intent to Revoke Building Permit No. CP-2020-005348 issued 11/11/20. The notice, dated 5/18/21, alleges that the permit was granted in error due to the Department's read of the zoning archive, 6 months after issuance of the permit, that allows for a 4 family dwelling. Appellant appeals this decision based on: 1) Vested Rights Theory; 2) Equitable Estoppel.
Vested Rights: Under PA Law, an applicant has a vested right in a permit based on a factors test-no one factor is determinative: 1) they engage due diligence; 2) they act in good faith throughout the proceedings; 3) they have expended considerable unrecoverable funds; 4) the expiration of any appeal window associated with the permit; 5) insufficiency of evidence to prove that the proposed use under the permit would adversely impact health, public safety, individual property rights.
Here: 1 & 2) Appellant engaged in due diligence & acted in good faith by submitting the requisite permit application, hiring design professionals & submitting the permit application for review by L&I prior to commencing any work at the subject property. This isn't a matter of someone coming to this Board seeking forgiveness, to the contrary Appellant has clean hands; 3) Appellant has completed all work associated with the permit, is ready to close walls and have final inspection, he has spent significant unrecoverable funds in doing so. And, relatedly, the cost of bringing the property into compliance will be cost prohibitive due to the reconfiguration that would be required as a result of the units layout around a central staircase to convert from 4 units to 2 units; 4) the revocation notice was issued 6 months after the issuance of the Building Permit. The Building Permit was placed in the most conspicuous public facing portion of the property upon receipt. Accordingly, the notice was issued well beyond any appeal period; 5) The City's own archive shows that this property was at on
Address1400 WHARTON ST
Hearing dateJul 20, 2021
DispositionGranted Classified from the decision text by software. How to read this
Decision textSustained
AppellantVERNON ANASTASIO, ESQ. DBA: ANASTASIO LAW, LLC (as listed by the City)
Owner of recordWP WHARTON PROPERTIES LLC (as listed by the City)
Related permitCP-2020-005348
Permit recordBuilding permit CP-2020-005348 — 1400 WHARTON ST
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