Hearing Postponed in Rochelle Avenue Challenge

Attorneys on both sides of a dispute as to the zoning status—and hence its ability to rent multiple units—of a Wissahickon home agreed to push an appeal hearing Tuesday due to an illness.

Chip Roller, vice president for Wissahickon Interested Citizens Association, said his group's attorney, Hal Schirmer, was ill, and the Philadelphia Zoning Board of Adjustment hearing would be delayed until a yet-to-be-determined date.

The battle revolves —a three-story, Victorian home whose newest owner, David Branigan is attempting to operate it as a multi-family home. Branigan, who from the estate of Edwin Lasota, successfully received a license from the Department of Licenses and Inspections to rent the property.

His attorney, Bill O'Brien, contends that the city acted appropriately and should allow Branigan to exercise his rights as property owner to rent it. The property has been rented off-and-on throughout its existence.

However, the civic association says because a six-year lapse in rental use starting in 2006 occurred, L & I should have denied the rental license. Philadelphia City Councilman Curtis Jones, Jr. (D-4) petitioned L & I to reverse its decision, but the agency said that justification was not sufficient enough to warrant refusal.

WICA is appealing the city's decision. The initial hearing in July was delayed because no one from L & I was present. The decision was set for Tuesday.

In essence, WICA wants to prevent the increased spread of rental properties throughout the neighborhood. O'Brien, who says his client should be allowed to rent the property regardless, argues this property will be too high end for problematic college students anyway.

Check back with Patch for an update when a hearing date is announced.