IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY - CIVIL TRIAL DIVISION MANAYUNK NEIGHBORHOOD COUNCIL, FRIENDS OF MANAYUNK CANAL, JANE SEPTEMBER TERM, 2000 GLENN, KEVIN SMITH, DOLORES LOMBARDI and DARLENE MESSINA NO. 2000-001056 v. SEPTEMBER, 2000 ZONING BOARD OF ADJUSTMENT OF THE CITY OF PHILADELPHIA NO. 2000-001057 and DRANOFF PROPERTIES ORDER AND NOW, this 29th day of August, upon consideration of the Appeal from the decision of the Zoning Board of Adjustment ("Board") rendered on August 11, 2000, granting variances to Dranoff Properties for the construction of a multi-story 160 unit apartment building on the property located at 4601- 45 Flat Rock Road, Philadelphia, PA, a/k/a Venice Island, the briefs in support thereof and in opposition thereto, oral argument held thereon, and this Court finding that, as the Board failed adequately to consider the risks to public safety posed by the construction of this property in a floodway and flood plain, the Board lacked a sufficient basis to support its decision and NOW THEREFORE, it is hereby ORDERED and DECREED that the Appeal is SUSTAINED and the decision of the Board is REVERSED. BY THE COURT: [signature F B Wolf] WOLF, J. COPIES SENT PURSUANT TO Pa. R.C.P. 236(b) Aug 30 2001 First Judicial District of Pa. User I.D.: SDP