Philadelphia Zoning RM-1 Use Permit for 5-unit building

[Frank Robinson]

Hi,

I'm looking at a 5-unit RM-1 building; however, it's only approved for 4 units. Existing owner tried in the past (like 30+ years) ago to get ZBA to approve it to be a 5-unit building, but got rejected because the rear yard area and open court were not big/deep enough. The lot itself itself is big enough to accommodate 5 units, but it's the yard size and maybe the height (actual 42' vs. 38' limit) that are over the zoning limits for by-right permit. So, I'm confused because in it's already a 4-unit RM-1 property and the same yard and height restrictions apply as they would to a 5-unit. How easy would it be to get ZBA to approve it to be legal 5-unit since same restrictions apply as they currently do to the 4-unit?

Thank you

[Kevin M.]

Sounds like you need a variance (as opposed to Special Exception) based on how you described the situation. I can't speak as to your particular chances of success without more info- but I can say the process is especially long right now. You'll be months and months out from any clarification. If not a year. I just got out of a 2 year zoning battle from initial referral through appealing a ZBA decision (and winning). It's a marathon.