MBM SECURES VICTORY IN COMMONWEALTH COURT FOR LANDOWNER
SUCCESS ACHIEVED FOR CLIENT WITH A SKILLFULLY CRAFTED PUZZLE OF SPECIAL EXCEPTIONS AND VARIANCES
Our client, a developer with two parcels of land, faced daunting zoning issues associated with its planned food establishment and off-site parking lot. The Land Use Team at Maiello Brungo & Maiello (MBM) led by Michael Korns devised a proposal using multiple criteria that successfully satisfied ordinance specifications. The MBM team crafted an interpretation of the legal ordinance that allowed our client to proceed with development by combining three special exceptions and one variance together.
Working with our client’s architect and traffic engineer, MBM constructed an alternative parking plan to limit vehicular traffic, incorporating public transportation and bicycling programs, employee financial incentives, and discounts for customers who use ridesharing. Through these efforts, the landowner had satisfied the criteria for special exception under the Zoning Code.
As for the dimensional variance needed for the parking lot, MBM effectively demonstrated unnecessary hardship with the triangular-shaped lot and its unique positioning. The City of Pittsburgh Zoning Board of Adjustment granted the Landowner’s applications for both special exceptions and variances after a presentation by MBM and its client.
The trial court reversed the Zoning Board’s decision, calling the landowner’s Alternative Parking Plan “aspirational.” However, on appeal, the Commonwealth Court reinstated the Pittsburgh Zoning Board’s initial ruling in favor of our client.
Read more of our legal real estate victory in the Pittsburgh Business Times.