Authorizing the Council President to initiate appeals by City Council of decisions of the Zoning Board of Adjustment in certain circumstances and to retain legal counsel in connection with such appeals.

Authorizing the Council President to initiate appeals by City Council of decisions of the Zoning Board of Adjustment in certain circumstances and to retain legal counsel in connection with such appeals. WHEREAS, The Philadelphia Zoning Board of Adjustment (“ZBA”) has jurisdiction over a variety of matters arising under Title 14 of The Philadelphia Code (the “Zoning Code”) ; and WHEREAS, Decisions of the ZBA directly affect the legislative policy of Council as expressed in the Zoning Code and in other duly enacted ordinances and resolutions ; and WHEREAS, Section 17.1 of the First Class City Home Rule Act provides: “In addition to any aggrieved person, the governing body vested with legislative powers under any charter adopted pursuant to this act shall have standing to appeal any decision of a zoning hearing board or other board or commission created to regulate development within the City”; and WHEREAS, Philadelphia Code Section 14-303(15(b)(.1) provides: “A final decision made by the Zoning Board or the Commission pursuant to this Zoning Code may be appealed to a Pennsylvania Court of Common Pleas by any aggrieved party or by City Council...within 30 days of the decision or such other time as may be provided by law”; and WHEREAS, In the ordinary course, if the ZBA issues a ruling that Council believes is contrary to the legislative policy of Council and is wrongly decided, Council will pass a resolution authorizing the filing of an appeal of that decision; and WHEREAS, Ther…