Quote:
Originally Posted by McBane11
i think the judge dropped the ball on this one. don't you think that BEFORE he had made a ruling he would have asked to see Wheeler's financial records and sales records (and damn it, remember how long it took for the decision to come out). it should have been stipulated, ok, you can demolish the row, IF and ONLY WHEN the tower is ready to be built and the pre sold unit threshold has been met.
|
The judge didn't drop the ball.
There is no rule that says you have to ACTUALLY build the project you proposed. Look 1600 block of Sansom. (Then) Historical Commission, Chairman Wayne Spilove demolished a row of old buildings (that were just outside the historical district) so that he could build a proposed 12 story parking garage. Since then, the garage plan is dead, we lost the street-level retail and "gain" another parking lot. I don't know of any way to FORCE the owner to build the project that he proposed.
Looking at buildings inside historic districts, the rule is that you can't tear down historic buildings, unless there is a "financial hardship" - basically, you have to show that you can't make money / break even with the existing buildings.
Oddly, because of the structure of the law you can
A) plead financial hardship because it will cost $5 million to fix up the buildings
B) get a demolition permit because you can't afford $5 million in repairs
C) annouce that you're investing $50 million to build an uber-expensive high end condo project...
So, oddly, you can get a demolition permit to knock down a historic building, but I don't think there's any way to ensure that anything is actually built on the vacant lot.
My concerns is that the Historical Commission and the Board of L&I Review seem to be headed down a slippery slope--
Is the fact that you could make MORE money tearing down historic lowrises to build new highrises, enough to make those historic buildings a "financial hardship"?
This leads to a "Rappaport Problem" if you can't get a demolition permit for a historic building, just abandon it, in a short time it will cost more to fix than the building is worth, and THEN you can demolish it...
It also leads to a "killing the golden goose" problem as well- each landlord along Rittenhouse Row stands to get really, really rich if they can evict their tenants from their 3-4-5 story building, demolish that building, and jam in a highrise.
So, you raise the rents, push out tenants, let the roof leeak, then claim that it's a "financial hardship" to have a historic building without tenants.
Then, you get a demolition permit, clear the site.... and wait to sell to the highest bidder...
Look at the "soccer field" at 19th & Market, or all the vacant 2nd & 3rd & 4th floor windows of buildings along Chestnut and Walnut...
Heck, I'd always thought that the A.M. Stern building could have gone on either of the OTHER 2 vacant lots along Sansom- either at 1600 block of Sansom (Spilove) or the 1900 block of Sansom (Parking Authority), and spared the historic buildings...
Hey, if 10 Ritenhouse isn't going to be building anyting over the summer, instead of looking at a vacant lot all summer long,
perhaps the $300 million dollar tower could invest $30,000 and throw down some dirt, unroll some sod and create a "lawn dining area" available to the restaurants nearby?
Get in touch with Steven Starr, establish a "Continental on the Lawn" for this summer...
Hal