The Philadelphia Historical Commission has postponed a
decision whether to list three Jewelers Row buildings on the city’s Register of
Historic Places, leaving the properties vulnerable to demolition as part of a
plan for a condo tower on the venerable shopping street.
The Historical Commission voted Thursday to continue for
90 days a decision on the listings for 704
and 706-08 Sansom St. The structures are part of a five-property stretch
that Horsham-based luxury home builder Toll Bros. wants to replace with the
16-story condo tower.
The buildings were nominated for listing by the
Preservation Alliance of Greater Philadelphia, which aimed to derail Toll
Bros.' plan for the 80-unit tower by having the properties designated as
historic assets.
In most cases, developers seeking to alter buildings
listed on the historic register must prove to the commission that preserving
them represents a special hardship.
City officials, however, have argued that a decision to
list the buildings would not, under city code, affect Toll’s ability to tear
them down because applications for the demolition work were filed before the
commission began considering the properties for historic protection.
That city position, and the fact that a permit for the
properties’ demolition had been issued, were cited by the commissioners in
their decision to delay a decision.
“Taking an action ... about whether or not a property
should be designated when there is a valid permit in place, then all we're
doing is muddying the waters and taking a position we have no right to take,”
said Mike Fink, who serves on the commission as a designee of the Department of
Licenses and Inspections.
Tim Spreitzer, a spokesman for Toll Bros.' City Living
division, declined to comment about the commission’s action.
Preservation Alliance president Paul Steinke said his
group would “consider what legal remedies we have going forward” if demolition
appeared imminent. He cited a conclusion reached by a Common Pleas Court judge
in a similar case this year challenging the demolition of two buildings at
4046-48 Chestnut St. in West Philadelphia.
Historical Commission chairman Robert Thomas said during
the hearing that the panel would check in on the Jewelers Row buildings' status
when it revisits whether to vote on listing any of those properties.
“We would monitor the situation,” he said. “Has the
building been demolished? Is it standing?”
Source: Philly.com
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