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HDC_02 11 2019Page 1 of 9 LITTLE ROCK HISTORIC DISTRICT COMMISSION MINUTES Monday, February 11, 2019, 5:00 p.m. Board Room, City Hall Roll Call Quorum was present being seven (7) in number. Members Present: Chair Ted Holder Vice Chair Jeremiah Russell Dale Pekar Lauren Frederick Amber Jones Robert Hodge Frances McSwain Members Absent: none City Attorney: Sherri Latimer Staff Present: Brian Minyard Citizens Present: Ed Garland Page Wilson Catherine Barrier Rachael Herzog Arkie Bryd Media Wilkins Leonard Hollinger Kevin Haney Joe Joyner Irma Walker Ralph Walker Richard Butler Jr Approval of Minutes Vice Chair Jeremiah Russell made a motion to approve the November 13, 2017 minutes as amended. Commissioner Robert Hodge seconded, and the motion passed with a vote of 7 ayes, 0 noes, and 0 absent. Brian Minyard, Staff, noted for the record that notice requirements were met on all of the items except as noted in individual hearing items. Notice of public hearing was printed in a newspaper of general circulation, posted on the internet and emails were sent to interested citizens and the press to inform them of the agenda being posted online. DEPARTMENT OF PLANNING AND DEVELOPMENT 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 Page 2 of 9 DATE: February 11, 2019 APPLICANT: Ed Garland, Housing and Neighborhood Programs ADDRESS: 1019 Rock Street FILE NUMBER: HDC19-001 COA REQUEST: Demolition of house PROJECT BACKGROUND AND DESCRIPTION: The subject property is located at 1019 Rock Street. The property’s legal description is “Lot 5 and 6, Block 58, Original City of Little Rock, Pulaski County, Arkansas." This single family house was built in 1930. The 2006 survey form states: “This one story Colonial Revival house is asymmetrical with front facing gable and 3/4 porch between the front and side wings. A set of Palladian windows and classical columns reflect the style of the house.” It is considered a "Contributing Structure" to the MacArthur Park Historic District. PREVIOUS ACTIONS ON THIS SITE: On July 11, 2018, a COA was approved and issued to Housing and Neighborhood Programs to demolish the assessory building along the alley. On December 4, 1986, a COA was approved and issued to Felton Lamb for a six unit apartment complex and garage that encompassed 1015, 1019 and 1023 Rock Street. DEPARTMENT OF PLANNING AND DEVELOPMENT 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax:(501) 399-3435 www.littlerock.gov STAFF REPORT ITEM NO. One. Location of Project Page 3 of 9 PROPOSAL AND WRITTEN ANALYSIS OF THE APPLICATION BASED OFF OF INTENT AND GUIDELINES: Felton Lamb Jr has owned the property since 1994 according to the Tax Assessors office website. The ownership includes Lots 5 and 6 of Block 58, Original City. The house sits on lot 5. Lot 6, on the corner, is vacant. Mr. Lamb died on August 8, 2018. As of this writing, no one has stepped forward to discuss the future of the house. The Department of Planning and Development has mailed notices to all property owners within 150 feet and those within the block that are outside of the 150 foot radius to inform them of the public hearing. In addition, Planning mailed notices to previous known addresses of Felton Lamb and five suspected or known relatives of the deceased. The Department of Housing and Neighborhood Programs has mailed notification to all lienholders of the property. Two legal ads have been run for the hearing. The first is the standard notice for the hearing that ran once and the second was a general notice that ran for two consecutive weeks. The house is a contributing structure in the district. The fire consumed the middle of the building and most of the roof has collapsed. The west and south gables are intact but leaning towards the center of the house with the south gable in a position to become disengaged and fall onto the ground below. The affidavit from the Assistant Fire Marshal states that the building has been extensively damaged by fire, constitutes an immediate fire hazard to the community, and is otherwise dangerous to human life. They recommend that the building be removed or demolished as soon as possible. The affidavit is attached to the end of the report. Charles Givens, Building Codes Manager, Planning and Development, inspected the building on January 28, 2019. His email states “In view of my findings during my inspection it is my professional opinion that this structure should be razed and removed as soon as possible. It presents a danger to the general public and the adjoining property owners if it remains in its current condition.” Paraphrasing a former commissioner, when a building has suffered sudden traumatic damage (fire, tornado, etc.) it is easier to repair because more of the structure is in good repair. When a building has suffered from long term deterioration, the repair is much more intense because you cannot assume that any of the building material is in good condition because of the effects of demolition by neglect. All of the materials in the house must be inspected for rot, water damage, termites, etc. which changes the dynamics of the project immensely. The low retaining wall on Rock Street and the steps are historic site features. Although the wall is not in good repair, it can be restored at a later date. Any demolition of the house should not remove any of the rock wall or the original steps. See photo later in this report. Contributing and Non-contributing map Page 4 of 9 Front of house from 2007 Survey Rear of house from 2007 Survey Front of house on May 10, 2018 Rear of house on May 10, 2018 Front of house on February 1, 2019 Rear of house on February 1, 2019 The Guidelines set forth five criteria listed on page 55 of the current guidelines. They are listed on page 10 and 11 of this Staff Report. This property conforms to the three of the criteria: #1 - public safety and welfare, #2 – when rehabilitation and relocation is unfeasible, and #5 - no other reasonable alternative is feasible. Items 3 and 4 are extreme hardship has been demonstrated and if the building has lost its architectural integrity. Extreme hardship has not been demonstrated. As of this writing, Staff has not been contacted by the owner or the owner’s estate’s representative for them to Page 5 of 9 demonstrate hardship. The building still retains its architectural integrity as much as it can with the fire damage. Demolitions should be a rare event in a local ordinance district. With much forethought, Staff is recommending demolition of this structure. The fire has taken out the center of the building, as opposed to other fires in the recent past in the district that have affected two rooms or only the attic. The fire marshal has signed an affidavit stating that this property is a hazard to the community. This house has suffered the short term traumatic damage of the fire in addition to the long term deterioration of neglect for the last 20 years which puts all of the structure in play for rehab. Any building can be restored if enough desire and money is applied to the project but whether that will happen or not is the question. While some of the exterior and interior walls do not appear to have fire damage, it is unknown how much long term deterioration has occurred. NEIGHBORHOOD COMMENTS AND REACTION: At the time of distribution, there were no comments regarding this application. STAFF RECOMMENDATION: Approval with the following conditions: 1. Obtaining a demolition permit. 2. Do not remove the low retaining wall material or the front steps along Rock Street. COMMISSION ACTION: January 14, 2019 Commissioner Dale Pekar noted for the record that he was going to recuse on this item since he owned property in the area of influence. Commissioner Frances McSwain also noted that she would recuse for the same reason. Brian Minyard, Staff, made a presentation of the item. Ed Garland, of the Department of Housing and Neighborhood Programs, made a presentation. He stated that the Housing Department felt that the house poses an imminent danger to the public. He noted the house has been neglected for so long. In response to a question, he stated he would not allow his employees go into the house, and he does not know the condition of the interior walls or floors. Housing and Neighborhood Programs have boarded a portion of the house that was open. Media Wilkins, an attorney, stated she was a family friend and does not have a formal agreement at this time to represent the family. She wanted to help Irma Walker, Felton Lamb’s aunt. Arkie Byrd, an attorney, was contacted by Earnest Lamb who is a cousin of Felton Lamb. Earnest Lamb may be an heir. She stated they may go to a more formal probate process on this property. At present time there are other potential heirs. Family members are in the best positions to formalize the estate and have a person in place to take care of it. She stated that she is aware of liens on the property and an IRS lien on the property. If it were to be sold or if anything else happens they would want an appraisal on the property before they made a Retaining wall along Rock Street. Page 6 of 9 decision. She is unaware of any insurance on the property. Irma Walker is the last aunt or uncle in that generation. There are cousins that are resourceful; one is Kwendeche, an architect. Sherri Latimer, City Attorney’s office, asked how many cousins there were. Ms. Byrd stated there were ten and brothers and sisters of Irma Walker and multiple cousins. Commissioner Robert Hodge noted there was a small estate in a probate case for a retirement plan. Ms. Byrd stated that probate may have to be reopened since all of Mr. Lamb’s property was not included in that case. She thought it would be thirty days or less to reopen the estate and have him appointed the representative. Page Wilson, 324 East 15th Street, stated he was a friend of Felton Lamb. He read the staff report, and in the guidelines, there are five items listed as conditions for demolitions. He stated the report from the code officer was included. He feels that the Commission does not have all the inspections that the guidelines require. He wants the Commission to give Felton’s relatives time to save the house. Chair Ted Holder asked if there was someone in the audience that was interested in buying the house. Kevin Haney stated he has taken a look at the house and thinks it can be saved. He believes it may be eligible for a tax credit. He said that he would be willing to buy the property. On the vacant lot, a second house could be built. He is currently doing tax credit projects at 716 and 722 Sherman Street. He stated the house is in bad shape and may need a structural engineer to see if they could be saved. He believes it would take state and Federal tax credits to make it work. There was a discussion on tax credits, both state and federal. Mr. Haney continued that it needs to be rehabilitated soon. He believes the floor systems may be okay but other portions must come out. Commissioner Lauren Frederick asked if he had made a formal offer on the property. He responded not yet but he has talked with David Robinson about the property for investors. Mr. Haney would like to know more about the tax liens and would be willing to make a formal offer. Commissioner Hodge asked how many months until it would be too late to rehab the property. Mr. Haney stated it had little to no roof left and believes that if it was started in June or July of 2019 that it would be possible to save it. Commissioner Hodge stated that if the estate is reopened, it would take a long time to get that resolved. Commissioner Amber Jones asked when Mr. Haney started the renovation of 716 and 722 Sherman. Mr. Haney said he had done quite a bit of demolition and had received his building permit recently. He was unsure of the date of the permit and expected both to be finished in 2019. Vice Chair Jeremiah Russell addressed a concern arising from Section Six Relocation and Demolition and believes that the Commission should be in good shape based on the criteria. Francis McSwain, 407 E 10th Street, stated for the record that she was on the Commission and will recuse on the vote. She stated that she had been working in historic preservation for 30 years. She had looked at many structures and only two she felt could not be saved. She believes this building should come down. The fire was started by vagrants, people mill around the house, and it is a danger to the neighborhood. Life, health, and safety issues take precedence in this case. She stated she is familiar with the projects on Sherman Street and they are slow moving. She appreciates Commissioner Jones’s questions on the timeline. On tax credits, she stated a project needs at least 51% of original material for a tax credit. She Page 7 of 9 does not think it would be eligible with all the damaged materials. She stated that this is a fragile neighborhood, but it is slowly turning over. She continued that it was a lovely lot and the Commission would make sure what would be built would be appropriate. Commissioner Jones said that the project needs the roof to qualify and 51% is an important aspect. Commissioner McSwain stated the roof has had holes in it for years and the timbers had been wet for years. Chair Holder stated he had experience with a vacant house next door to his house. He asked are the trees growing through the eaves. He cannot tell by the photos. In his experience, if the roof was gone, it would have had a lot of damage in the interior. He asked if the roof was in bad shape why the floors would not be also. Commissioner McSwain asked the question if a person was hurt on the property, who would be responsible. Commissioner Hodge asked if this is an appropriate site for new infill. Commissioner McSwain said it was a good candidate for infill with the full size trees. Richard Butler, 417 E 10th Street, stated he was an avid historic preservationist. He stated he had not formed an opinion on the item, but the house is in an unsafe condition. He stated he can see holes in the floors. He stated he knew Felton Lamb, Sr. and he was sorry to hear about Felton Lamb Jr’s death. He visited with Felton about rehabbing the house, but Felton took no action. He mentioned that with the Arkansas Art Center plans, the neighborhood would be a construction site soon. He said he would probably be the last person in the world to advocate for a demolition, with enough money anything could be redone and become contributing. He cannot take a position at this time. Commissioner Jones commented on his house he restored at 419 E 10th Street. Mr. Butler said it was also a burnout but was not as bad as this one. He worked with Tommy Jamison to do research and make it a contributing structure. Leonard Hollinger, 420 E 11th Street, lives across the alley from the house. He stated Ms. Barr owned the property and the home was built in 1830s based on her recollections. (Editor’s note: The Sanborn Maps of 1891 show a different house on this lot which would be older than the present house.) He appreciated the predicament that the Lamb family is in but asked them to look at the neighbors’ viewpoint, he said it was a fulltime job to keep the elements off this property. He has seen lots of varmints going in and out of the house. If the house is going to be removed it needs to be removed soon, but he does not believe that it can be rebuilt with any materials on site. Kevin Haney asked if it must have 51% to be a tax credit. Commissioner Jones stated there were guidelines for that. Catherine Barrier stated that reconstructions do not count as tax credit projects, only rehabilitations. Mr. Minyard stated that the Staff recommendation was to defer for one month to allow Atty. Byrd time to start and make process on the probate case. Chair Holder doubted what the benefit would be to defer one month. Commissioner Frederick asked if the family have an issue of it being torn down. Ms. Byrd stated she could not speak to that. Stabilizing the property so that it would not be a danger would be a priority but she would need to get the family to commit. She would like to give the family time to try to stabilize the property so it would not be dangerous to the neighborhood was the goal. Page 8 of 9 Chair Holder said that within 30 days the family would not only need to decide if they wanted to keep it but would need to put money into the project. Commissioner Jones says said it would be hard to keep the weather out since the roof has collapsed. Commissioner Hodge asked if the estate was solvent. Ms. Byrd said as she did not know that but there is other property that does have value. She did think that within 30 days she will have a good understanding of what the family can and cannot do. Commissioner Frederick asked how long she has been retained as an attorney on this case. Ms. Byrd stated she was hired maybe 30 days ago and contacted by a cousin Earnest Martin Lamb of Minnesota. Mr. Earnest Lamb said that others were not aware of problems with Felton’s house. Commissioner McSwain appreciates the situation the family is in and that she had communicated with Kwendeche. She asked if the Commission deferred for 30 days, what that really means. She asked for clarity on any benchmarks. Mr. Latimer stated the Commission has the authority to defer for 30 days and there could be recommendations, but no accountability on the benchmarks. Commissioner Hodge does not believe within 30 days anything will be done with the probate case. He questions who would be liable for any injuries on the property. Commissioner Frederick noted they have had several months to do something, only this hearing has prompted them to do something. She does not support the deferral. Chair Holder feels that this is not safe; it is a separate issue from other issues that Ms. Byrd is dealing with. Even if it was demolished, the family would still have the land which already has liens upon it. Vice Chair Russell drove by before the last application and believes it was unsafe then. Commissioner Hodge stated that stabilization will be very expensive if it could be done. Commissioner Frederick asked how much it would cost to tear the house down. Mr. Garland estimates it would be $7500 for demolition and there will be separate landfill fees. The City would send a bill and place a lien on the property. Commissioner Frederick does not support deferral. Vice Chair Russell made a motion to approve the demolition of 1019 Rock Street with the condition to not damage the stone wall or steps. Commissioner Hodge seconded and the motion passed with 5 ayes, 0 nays, and two recusals. Pursuant to the By-Laws each commissioner explained why he/she voted for or against the application. Chair Holder believes the safety issue was the biggest issue and that the Commission does not recommend demolition lightly. Commissioner Frederick stated safety concerns and the wellbeing of the neighborhood. Vice Chair Russell stated the building had been demolished by neglect over multiple years and that the fire was the last nail in the coffin. Commissioner Jones stated that it has remained open too long with unsafe conditions and an unsure timeline. Commissioner Hodge agreed the Commission does not vote for demolition lightly but the safety of the neighborhood was important and he did not think it would be rehabbed any time soon. Other Matters: Presentation by AHPP Catherine Barrier, CLG Coordinator from the Arkansas Historic Preservation Program, made a presentation of an informative manner to the Commission. Enforcement issues Staff had none to report to the Commission. Certificates of Compliance None were issued last month. Citizen Communication There were no citizens that chose to speak during citizen communication. Adjournment There was a motion to adjourn and the meeting ended at 6:36 p.m. Attest: Chair '- Secretary/Staff IJ -3-Z Date �, iZ-Z0c 1 Date Page 9 of 9