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Council adopts appeal of ZBA decision on City Avenue property after divided public comment
Summary
Councilmember Curtis Jones Jr. successfully moved a council appeal of the Zoning Board of Adjustment decision for 5052–5056 City Avenue — a proposed beer distributorship — after public testimony showed divided views from the Winfield neighborhood and the Winfield Community Neighborhood Association.
Philadelphia City Council on Sept. 18 adopted resolution 250741 authorizing the council’s appeal of the Zoning Board of Adjustment’s decision regarding 5052–5056 City Avenue. The site was the subject of neighborhood debate over use as a beer distributorship.
Councilmember Curtis Jones Jr., who sponsored the appeal on behalf of council, framed the motion as a defense of community character and an effort to slow the proliferation of alcohol-related uses in the Winfield neighborhood. Jones asked whether liquor should ‘‘be a driving force for development in communities’’ and urged reconsideration of the ZBA approval: ‘‘Can we sell some books? Can we sell some vegetables? Do we have to always have liquor as a driving force for development in communities?’’
The Winfield Community Neighborhood Association (WCNA), represented by Dee Dukes, testified in opposition to the appeal and said the local registered community organization supported the variance at the ZBA. Dukes told council WCNA supported the proposal because it would revitalize a long-vacant commercial building, represented a significant owner investment, and followed a fair ZBA process with community meetings. ‘‘This commercial building remained vacant for more than seven years... the current applicant is the proposed owner who has committed to making a substantial investment,’’ Dukes said.
Curtis Jones moved for adoption of the appeal; the motion was seconded and approved by voice vote with the clerk recording ‘‘the ayes have it.’’ The resolution authorizes council to pursue an appeal of the ZBA decision; it does not itself reverse the ZBA ruling but initiates council-level review. The transcript records neighborhood disagreement: some RCO representatives and residents told council they had not attended all ZBA proceedings and relied on written opposition submitted to the board, while others supported the variance at the local ZBA hearings.
Next steps under city practice typically include filing the appeal in the appropriate judicial or administrative forum within deadlines established by ZBA rules. The resolution did not specify legal counsel, appeal venue, or timeline in the public session.
