Since 2003, the Philadelphia Zoning Code has contained a special restriction limiting the height of new construction in Old City to 65 feet. City Council approved this restriction specifically to protect "the unique historic character, cultural significance, and residential viability of Old City."  

In December 2006, without providing any basis or analysis, the Zoning Board of Adjustment granted a series of variances to allow construction of a 272' tall high-rise apartment building on the open air parking lot at 218 Arch Street.  

The OCCA, Christ Church, and the Preservation Alliance of Greater Philadelphia all appealed the Zoning Board's decision to the Philadelphia Court of Common Pleas, arguing that the Zoning Board had no basis to approve a development of this size where the developer not only knew about the height limit when he purchased the parcel, but had not demonstrated any hardship that might justify an exception to the Code.  

In December 2007, Judge Gary DiVito affirmed the Zoning Board's decision without issuing an opinion. OCCA appealed Judge DiVito's decision to the Commonwealth Court of Pennsylvania, but also agreed to engage in a series of discussions with the developer to reach agreement on a revised development plan for the 218 Arch parcel. While its appeal and these discussions are both ongoing, OCCA is optimistic that it will ultimately succeed in reducing the height of this development to a scale much more in keeping with the unique character of Old City.