Zoning loophole clears way for mixed-use building in South Philly

Developers returned to the city's Zoning Board of Adjustment several months after a 48-foot tall building was rejected and received approval for an even taller mixed-use project to go up at the Christian Street site.

A 48-foot tall building has morphed into a 53-foot tall property after the developers of a project at the corner of 6th and Christian streets adjusted their plans to take advantage of the Fresh Food Market bonus, which allows buildings that include a fresh food market an additional 15 feet above height restrictions, according to PlanPhilly.com.

The loophole came as a surprise to neighbors of the site– which straddles the Bella Vista and Queen Village neighborhoods. Many believed the rejection of a smaller project in January had helped tee up the community's plans to put a public park in the space.

Dan Rosin and Rafi Licht, the developers, were able to obtain approval without asking for a variance thanks to the Fresh Food Market bonus. PlanPhilly.com, however, points out Rosin and Licht could interpret the bonus' language in a way that does not necessarily mean tons of fresh produce for the surrounding community.

All the developers need to do is devote 50% of the display area to fresh fruits and vegetables, and they get the 15-foot height bonus. And there is plenty of room for interpretation.

For instance, 50 percent of the display area has to be fresh fruits and vegetables, but that doesn’t mean 50 percent of the retail space needs to be devoted to displays. A store could have just a few shelves, and of those, half would display produce.

A zoning code passed in 2011, the bonus appears to have gone unnoticed by the development community until the 601 Christian St. project. Following Rosin and Licht's lead are other developers, like Ori Feibush, according to PlanPhilly.

The promises of a fresh food market, however, could be just that as PlanPhilly notes the bonus was awarded to Rosin and Licht even though they do not have a grocery tenant under contract.

Source: Philadelphia Business Journals