Overview

Brandon assists real estate clients in navigating the intricate processes of securing a variety of permit and license entitlements from the City of Philadelphia and its suburbs.

Representing developers, commercial tenants, and other property owners before the Philadelphia Zoning Board of Adjustment (ZBA), Brandon has obtained zoning variances enabling the construction or renovation of hundreds of homes and apartment units as well as commercial and institutional buildings.  He has expertise with Rental Licenses and the litany of other operational permits and licenses required of buildings in Philadelphia.  Brandon has also completed complex representations in various Philadelphia-area suburbs, as detailed below.  He has drafted documents and obtained approvals to create condominium and PUD (Planned Unit Development, or Planned Community) regimes involving both new and existing buildings. 

Leaning on his years of experience with the City of Philadelphia’s technical codes and its review processes, Brandon helps clients and their design consultants meet code requirements and avoid the need for zoning and other variances.  His clients appreciate his laser focus on achieving project entitlements in a manner that is creative and efficient, aiming to avoid unnecessary public scrutiny and protecting clients’ reputations.

Where zoning variances are necessary, Brandon’s counseling process starts with achieving a deep understanding of each client’s goals and preliminary plans. Brandon is a keen observer of guidance offered by legal precedent, elected officials, and civic leaders and leans on this knowledge when helping to design and present plans to the public. He frequently helps architects and civil engineers to revise plans to incorporate public input and win public support.  Combining such attentiveness and flexibility with his deep knowledge of a landowner’s legal rights, Brandon maximizes his clients’ chances to obtain necessary variances.

Representative Experience

Where a Zoning Board appearance or other application leads to litigation, Brandon is well prepared with significant experience in both offensive and defense postures at Pennsylvania’s Courts of Common Pleas and Commonwealth Court. 

By-right permitting in Philadelphia

  • Obtained zoning permit for conversion of portion of historic office building in Center City, Philadelphia to 281 dwelling units, ensuring that exemption from on-site parking requirement was properly applied and that existing uses were allowed to continue in remainder of building.
  • Obtained zoning permits for portfolio of three executive-stay hotels in Center City, Philadelphia, necessitated by changes to City regulations on short-term rental units.
  • Represented operator of restaurant on prominent Center City street before Philadelphia Art Commission and obtained approval to erect two new illuminated signs.
  • Represented private grade school in Center City, Philadelphia and obtained approval of campus renovations by Philadelphia Art Commission.
  • Divided large historic residence in Germantown, Philadelphia into 4 irregularly shaped PUD units with mix of private and common facilities on surrounding grounds, collaborating with civil engineer on creation and City approval of three-dimensional building survey.

Before suburban zoning boards:

  • Co-represented developer of 94 homes in Philadelphia suburb, building record of bad faith by Township as later found in successful appeal of Township’s denial to Court of Common Pleas (see Reeves Family Real Estate, L.P., et al. v. Bd. of Supers. of Schuylkill Twp., No. 2019-07787-ZB, Chester Co. Ct. of Common Pleas, opinion April 2, 2024 (unreported)), leading to settlement.
  • Represented national operator of emergency veterinary practices before zoning hearing board of suburban Philadelphia township and obtained variance to locate new facility in regionally prominent shopping center.
  • Represented operator of scattered-site homes for disabled adults in special exception application before suburban Philadelphia township; successfully discredited testimony by neighbor-objectors using expert medical witnesses.

Before the Philadelphia Zoning Board of Adjustment:

  • Despite opposition from neighborhood civic organization, obtained variances to legalize three illuminated building identification signs on Center City high-rise that had been mistakenly erected by client without proper permits.
  • Obtained variances to expand operationally critical public school bus depot located in residential-only zoning district in Northeast Philadelphia.
  • Obtained variances to construct new mixed-use building (12 dwelling units above commercial space) in residential-only zoning district in North Philadelphia.
  • Obtained variances to subdivide former catholic school building from adjacent church in Manayunk, Philadelphia, and rehabilitate school building into 16 dwelling units.
  • Obtained variances to construct 36 dwelling units on vacant land in Kensington, Philadelphia, and then established PUD regime to divide site between rental units and for-sale PUD units.
  • In an appeal against the Philadelphia Department of Licenses and Inspections (“L&I”), obtained determinations under the Philadelphia Steep Slope Protection Ordinance to avoid need for variances to develop 8 new homes on vacant land in Roxborough, Philadelphia.
  • In an appeal against L&I, obtained recognition of legal nonconforming (grandfathered) status of historic apartment building in single-family district, allowing operation to continue despite lack of zoning variance.

Litigation:

  • Before Court of Common Pleas, successfully defended variances obtained to add accessory parking lot to previously approved apartment building against appeal brought by President of Philadelphia City Council, arguing that on-site parking was necessary for safety of residents due to local roadway characteristics. (In re: Appeal of Clarke, Darrell, No. 210100789, Phila. Ct. of Common Pleas, decision Mar. 30, 2022 (unreported).)
  • Before Court of Common Pleas, successfully defended variances obtained to erect third floor additions atop pair of adjacent two-story homes in South Philadelphia against appeals by neighbor.  (In re: Appeal of Smith, Doerte, Nos. 210701338 and 210900112, Phila. Ct. of Common Pleas, opinions Jan. 13, 2023 and Oct. 3, 2023 (unreported).)
  • Before Court of Common Pleas and then Commonwealth Court, successfully defended variances obtained to subdivide large ‘street-to-street’ parcel in South Philadelphia and build second home facing rear street against appeal by several neighbors. (In re: Appeal of Juan Levy, et al., No. 628 C.D. 2022, Pa. Cmwlth. Ct., opinion Dec. 17, 2024 (unreported).)
  • Before Court of Common Pleas and then Commonwealth Court, successfully defended variances and special exceptions to convert space previously occupied by fitness gym into new restaurant against appeal by several neighbors. (In re: Appeal of Troy Bianchi, et al., No. 734 C.D. 2022, Pa. Cmwlth. Ct., dismissal Mar. 17, 2023 (unreported).)

Professional & Community Activities

  • Member, Philadelphia Bar Association- Zoning, Land Use and Code Enforcement Committee of the Real Property Section

Professional Recognition

  • Member, Lambda Alpha International (Land Economics Society)

Representative Experience

Where a Zoning Board appearance or other application leads to litigation, Brandon is well prepared with significant experience in both offensive and defense postures at Pennsylvania’s Courts of Common Pleas and Commonwealth Court. 

By-right permitting in Philadelphia

  • Obtained zoning permit for conversion of portion of historic office building in Center City, Philadelphia to 281 dwelling units, ensuring that exemption from on-site parking requirement was properly applied and that existing uses were allowed to continue in remainder of building.
  • Obtained zoning permits for portfolio of three executive-stay hotels in Center City, Philadelphia, necessitated by changes to City regulations on short-term rental units.
  • Represented operator of restaurant on prominent Center City street before Philadelphia Art Commission and obtained approval to erect two new illuminated signs.
  • Represented private grade school in Center City, Philadelphia and obtained approval of campus renovations by Philadelphia Art Commission.
  • Divided large historic residence in Germantown, Philadelphia into 4 irregularly shaped PUD units with mix of private and common facilities on surrounding grounds, collaborating with civil engineer on creation and City approval of three-dimensional building survey.

Before suburban zoning boards:

  • Co-represented developer of 94 homes in Philadelphia suburb, building record of bad faith by Township as later found in successful appeal of Township’s denial to Court of Common Pleas (see Reeves Family Real Estate, L.P., et al. v. Bd. of Supers. of Schuylkill Twp., No. 2019-07787-ZB, Chester Co. Ct. of Common Pleas, opinion April 2, 2024 (unreported)), leading to settlement.
  • Represented national operator of emergency veterinary practices before zoning hearing board of suburban Philadelphia township and obtained variance to locate new facility in regionally prominent shopping center.
  • Represented operator of scattered-site homes for disabled adults in special exception application before suburban Philadelphia township; successfully discredited testimony by neighbor-objectors using expert medical witnesses.

Before the Philadelphia Zoning Board of Adjustment:

  • Despite opposition from neighborhood civic organization, obtained variances to legalize three illuminated building identification signs on Center City high-rise that had been mistakenly erected by client without proper permits.
  • Obtained variances to expand operationally critical public school bus depot located in residential-only zoning district in Northeast Philadelphia.
  • Obtained variances to construct new mixed-use building (12 dwelling units above commercial space) in residential-only zoning district in North Philadelphia.
  • Obtained variances to subdivide former catholic school building from adjacent church in Manayunk, Philadelphia, and rehabilitate school building into 16 dwelling units.
  • Obtained variances to construct 36 dwelling units on vacant land in Kensington, Philadelphia, and then established PUD regime to divide site between rental units and for-sale PUD units.
  • In an appeal against the Philadelphia Department of Licenses and Inspections (“L&I”), obtained determinations under the Philadelphia Steep Slope Protection Ordinance to avoid need for variances to develop 8 new homes on vacant land in Roxborough, Philadelphia.
  • In an appeal against L&I, obtained recognition of legal nonconforming (grandfathered) status of historic apartment building in single-family district, allowing operation to continue despite lack of zoning variance.

Litigation:

  • Before Court of Common Pleas, successfully defended variances obtained to add accessory parking lot to previously approved apartment building against appeal brought by President of Philadelphia City Council, arguing that on-site parking was necessary for safety of residents due to local roadway characteristics. (In re: Appeal of Clarke, Darrell, No. 210100789, Phila. Ct. of Common Pleas, decision Mar. 30, 2022 (unreported).)
  • Before Court of Common Pleas, successfully defended variances obtained to erect third floor additions atop pair of adjacent two-story homes in South Philadelphia against appeals by neighbor.  (In re: Appeal of Smith, Doerte, Nos. 210701338 and 210900112, Phila. Ct. of Common Pleas, opinions Jan. 13, 2023 and Oct. 3, 2023 (unreported).)
  • Before Court of Common Pleas and then Commonwealth Court, successfully defended variances obtained to subdivide large ‘street-to-street’ parcel in South Philadelphia and build second home facing rear street against appeal by several neighbors. (In re: Appeal of Juan Levy, et al., No. 628 C.D. 2022, Pa. Cmwlth. Ct., opinion Dec. 17, 2024 (unreported).)
  • Before Court of Common Pleas and then Commonwealth Court, successfully defended variances and special exceptions to convert space previously occupied by fitness gym into new restaurant against appeal by several neighbors. (In re: Appeal of Troy Bianchi, et al., No. 734 C.D. 2022, Pa. Cmwlth. Ct., dismissal Mar. 17, 2023 (unreported).)