On March 24, Common Pleas Court Judge Idee C. Fox stripped the project of a zoning variance. She said neighbors had "legitimate concerns" about parking. And she dismissed that this was just another case of NIMBY-ism, the "not in my backyard" syndrome.
Under the zoning code, such a new residence should have eight off-street parking spots. The property has side lots to the north and south, but PHA submitted a plan without parking or an approved loading zone on 20th Street to accommodate vans or buses for the handicapped.
PHA appealed the decision Tuesday. Nichole Tillman, a PHA spokeswoman, said in a statement there was "no justification in this effort by a handful of people to block construction."
"Rather than be hostile to these disabled residents and cause unnecessary legal costs, we would prefer those who live in the community welcome their new neighbors," Tillman said.
But unless the sides can work out a compromise, the Housing Authority cannot rule out having to take the building down.
"Here we are, exactly with the situation that we feared," said David Orphanides, a lawyer representing 13 neighbors and groups involved in the zoning appeal.
"They tried to jam this down everyone's throat," Orphanides said. "If they had acted like any other developer and listened to our concerns, this all could have been avoided."
The battle is playing out in one of the fastest-changing communities in the city. In the last decade, the population of Southwest Center City - roughly between South Street and Washington Avenue, Broad Street and the Schuylkill - increased 9.3 percent, according to the U.S. Census Bureau. Household income, meanwhile, has climbed 61 percent in five years.
