WA Appeals Court Holds Nonconforming Use Continues as Petitioner does not Satisfy Heavy Burden of Abandonment

On February 22, 2012, in Current Caselaw, Land Use, Law of the Land, Non-Conforming Uses, by Patricia Salkin

Since the 1950’s, the subject property in this action was considered a duplex, and due to zoning changes, was also a legal nonconforming use.  The petitioners in this matter, Rosema, sought an interpretation under the code, questioning whether the subject property’s nonconforming use status had lapsed as abandoned.  The City of Seattle’s Department of Planning [...]

Q&A: Bradford Shellhammer

When I heard that Fab.com, a flourishing e-commerce site that recently reached the 2 million mark in membership and that this month, the site is introducing five new vertical shops, I wanted to get a peek behind the scenes. So I went to Bradford Shell…

MD Appeals Court Finds Board Violated Open Meetings Law with Partially Closed Site Visit and No Record

On February 21, 2012, in Current Caselaw, Land Use, Law of the Land, by Patricia Salkin

The Board of County Commissioners of Charles County, after holding hearings and conducting a site visit to the subject property, granted a conditional special exception to WSG Holdings, allowing WSG to construct a research facility – a use not permissible in the zone district.  Municipal residents appealed this determination the Circuit Court for Charles County [...]

Pier to Pier Networking

From the air, a series of flat, gray, industrial looking waterfront piers jut out into the Delaware River in Philadelphia, Pennsylvania. “MetroZepp,” our aerial historic tour blimp, hovers as it suddenly detects the distinct emergence of Design. We…

MD Appeals Court Finds Distant Property Owners Alleging General Adverse Affects Lack Standing to Challenge PUD

On February 20, 2012, in Current Caselaw, Land Use, Law of the Land, Standing, by Patricia Salkin

This case is one of three challenging the decision of the City of Baltimore to create a Planned Unit Development in the area of north central Baltimore.  Previously, the Circuit Court for Baltimore City determined that the challengers, in this matter Ray and Coyne, lacked standing to bring the challenge, and they appealed from this [...]

Lab Report XXI

Everyone involved in design agrees that he or she wants to improve and enhance people’s lives. At M.I.N.D Labs or Media, Interface, and Network Design Labs, that goal becomes eminently clear. A consortium comprised of 11 university design labs includ…

NY Appellate Court Overturns Denial of Special Use Permit Application Finding Denial Was Impermissibly Based on Generalized Community Objections

Following denial of a special permit application, the trial court annulled the Board’s decision and the Town appealed.  The Town claimed that the petition should not have been heard by the Supreme Court because it was untimely filed more than 30 days after the determination.  However, the appellate court found the petition timely as it [...]

Washington Appeals Court Finds Takings Claim Not Ripe for Review

On February 18, 2012, in Current Caselaw, Land Use, Law of the Land, by Patricia Salkin

Plaintiff is the owner of thirty seven acres of land originally zoned commercial. Interested in developing the land, Plaintiff retained a developer who submitted a proposal to build a condominium building on the property.  On the same day, the city rezoned an area of the city, including approximately thirty of plaintiff’s acres to residential/conservation.  Under [...]

NY Trial Court Finds Zoning Board Ignored its Affirmative Duty to Accommodate Religious Use

On February 17, 2012, in Current Caselaw - New York, Land Use, Law of the Land, by Patricia Salkin

The Emmanuel Brethren Assembly Church sought a variance to use their building to host church services.  The zoning laws requires this type of use to have at least twenty-five off street parking spaces and the property only had room for twelve.  After four hearings, the zoning board of appeals denied the church’s request.  The church [...]

Places that Work: Hirshhorn

The building that houses the Hirshhorn Museum and Sculpture Garden is an exquisite disc that enhances the National Mall in Washington, DC.  Affiliated with the Smithsonian Institute, the Hirshhorn is shaped like a perfectly round donut that rests on …

The Idaho Supreme Court Explains Difference Between a Variance and a Conditional Use Permit

On February 16, 2012, in Current Caselaw, Land Use, Law of the Land, Special Use/Exception, by Patricia Salkin

Burns Holding purchased a parcel of property in Teton County, Idaho near the city of Driggs to construct a concrete plant.  Although the land was not part of the city, it was within the city impact area and, thus, the city’s zoning laws apply.  As part of a Driggs’ zoning ordinance, no building was allowed [...]

MoMA Misses by 99%

Images from MoMA exhibition site: http://www.moma.org/foreclosed
The newly opened show at the Museum of Modern Art, Foreclosed: Rehousing the American Dream, through July 30, fails to accomplish what it claims: to address one of the most critical issu…

B. Free Philadelphia

MORNING IN AMERICA
2004. News spread in Philadelphia on February 17, 4:15PM, that Faheem Thomas-Childs, ten years old, was dead.  He was caught in a hail of nearly 100 bullets, crossfire between rival gangs that occurred as children streamed into s…

NY Appellate Court Rejects Arguments of Tort, Abuse of Discretion and Substantive Due Process After Denial of Area Variance

On February 15, 2012, in Current Caselaw - New York, Land Use, Law of the Land, by Patricia Salkin

Plaintiffs purchased and began new construction and repairs on residential property.  Shortly after, the town code enforcement officer discovered plaintiffs had failed to obtain a building permit and issued a stop work order.  Plaintiffs applied for the permit, however, the application was denied because the plaintiff’s lot was too small for their intended use.  Plaintiffs [...]

My Cloverware Serving Bowl

On February 15, 2012, in Livable Communities Act, Metropolis, Neighborhood Design, Others, Places, Smart Growth, Suburbia, Sustainability, by Eugenie Cowan Havemeyer

Early this year, when I read in The New York Times that Eva Zeisel had died, I immediately thought of my plexiglas salad bowl. It was passed down to me by my father who was very much interested in materials and design, both in his business as a seller…

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