Zoning board OKs condos on Grandview Avenue

Saturday, June 26, 2004

The city Zoning Board of Adjustment has cleared the way for construction of two controversial condominium projects on Grandview Avenue in Mount Washington, dealing a blow to Mayor Tom Murphy and dozens of residents who have campaigned against them.

In separate but similar rulings issued yesterday, the three-member board unanimously granted special exceptions needed under the city's zoning code for construction of a five-story, 10-unit condominium at 501 Grandview Ave. and a seven-story, 14-unit structure at 341 Grandview.

Opponents fear the buildings will erode property values and quality of life on Grandview Avenue and in the adjoining neighborhood.

Dwight Ferguson, an attorney who represents more than 30 Mount Washington residents, said his clients already have authorized him to appeal the rulings to Common Pleas Court.

Not even the intervention of Murphy on the side of the opponents in the battle over 341 Grandview swayed the zoning board, which the mayor appoints. Deputy City Solicitor George Specter argued during an April 15 hearing that the structure would have a detrimental impact on the neighborhood and could lead to unchecked high-rise development along Grandview.

At issue in both cases is a zoning law that restricts buildings along the section of Grandview in question to a height of 40 feet unless they are within 500 feet of another structure at least 40 feet high. In that case, they can go as high as 100 feet, with a special exception from the zoning board.

The zoning board found that both proposed condominiums were within 500 feet of St. Mary of the Mount Church, meeting one of the main elements needed for the special exception.

Board members also noted the projects were approved by the planning commission, which found that both complied with the requirements of a mid-1990s urban design study of Grandview Avenue.

The board seemed to pay little heed to testimony of planning consultants hired by opponents who argued that the developments would be detrimental and were inconsistent with some of the guidelines laid down in the Grandview study.

Craig Cozza, developer of the condo at 341 Grandview, said his project could get started by late fall or early spring if he decides to build while appeals are being exhausted.

"We are happy to hear that the zoning board recognizes our rights under current zoning law. At least maybe we are going to have some economic development on Mount Washington rather than shutting the entire mountain down," he said.

The two projects, should they be completed, could be the last new buildings higher than 40 feet along that stretch of Grandview. A zoning change now before City Council would restrict the height of buildings on Grandview from Bigham to Shiloh streets to a 40-foot maximum, no exceptions. The change was requested by Murphy.

The building at 341 Grandview would be 73.5 feet high; the one at 501 Grandview would 69.8 feet high.