City of Philadelphia - File #: 050961

• File #: 050961
• Version: 0
• Type: Resolution
• Status: ADOPTED
• File created: 10/27/2005
• In control: CITY COUNCIL
• Final action: 10/27/2005
• Title: Authorizing a request to the Law Department to represent City Council to secure full compliance with the Philadelphia Building Code and with the terms and conditions of a zoning permit issued for the residential development project located at 4041 Ridge Avenue, including if necessary filing for a Temporary Restraining Order to stop construction until compliance is achieved; and, if the Law Department declines to render such services to City Council, authorizing the retention of outside counsel to provide such services.
• Sponsors: Councilmember Nutter, Councilmember Blackwell, Councilmember Kenney, Councilmember Goode, Councilmember Reynolds Brown, Councilmember DiCicco, Councilmember Ramos, Councilmember Tasco, Councilmember Clarke, Councilmember Miller, Council President Verna, Councilmember Kelly, Councilmember Rizzo, Councilmember Krajewski

Date	Ver.	Action By	Action	Result	Tally
10/27/2005	0	CITY COUNCIL	ADOPTED
10/27/2005	0	CITY COUNCIL	READ
10/27/2005	0	CITY COUNCIL	Introduced	Pass

Title
Authorizing a request to the Law Department to represent City Council to secure full compliance with the Philadelphia Building Code and with the terms and conditions of a zoning permit issued for the residential development project located at 4041 Ridge Avenue, including if necessary filing for a Temporary Restraining Order to stop construction until compliance is achieved; and, if the Law Department declines to render such services to City Council, authorizing the retention of outside counsel to provide such services.
Body
WHEREAS, The Philadelphia Zoning Board of Adjustment ("ZBA") has jurisdiction to review requests for variances and to conduct hearings for the purposes of taking testimony and reviewing the facts of each case to determine whether or not a variance should be granted; and

WHEREAS, Decisions of the ZBA directly affect the legislative policy of City Council as expressed in the Zoning Code and in other duly enacted ordinances; and

WHEREAS, On July 24, 2002, the Zoning Board took testimony on Calendar No. 02-0874 concerning an application for partial demolition of existing buildings, and the erection of a four-story apartment building, a five-story accessory parking garage, an accessory open-air parking lot and retail space for a total of 414 dwelling units and 660 accessory parking spaces at 4041 Ridge Avenue; and

WHEREAS, During the Zoning Board hearing, questions were asked and commitments were made by a representative of the property owner and by counsel for the property owner to comply fully with the Philadelphia Building Code and to provide for the "best craftsmanship" for the project; and

WHEREAS, The project is now under construction and Tocci Building Corporation, a non-union company based in Massachusetts, is the builder; and

WHEREAS, Many concerns have been raised with respect to this construction project and Tocci's management of the project; including, but not limited to: non-payment of area prevailing wag...