Loading...
HDC_06 10 2019Page 1 of 13 DEPARTMENT OF PLANNING AND DEVELOPMENT 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 LITTLE ROCK HISTORIC DISTRICT COMMISSION MINUTES Monday, June 10, 2019, 5:00 p.m. Board Room, City Hall Roll Call Quorum was present being six (6) in number. Members Present: Chair Ted Holder Vice Chair Jeremiah Russell Lauren Frederick Amber Jones Robert Hodge Frances McSwain Members Absent: Dale Pekar City Attorney: Sherri Latimer Staff Present: Brian Minyard Citizens Present: Patricia Blick Page Wilson Charlsetta Harville Cleveland Thomas Approval of Minutes Vice Chair Jeremiah Russell made a motion to approve the May 13, 2019 minutes as amended. The motion was seconded and the motion passed with a vote of 6 ayes, 0 noes, and 1 absent (Pekar). 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. There was a discussion concerning the absence of Ed Garland, the applicant for the COAs at 1419 Commerce Street and 1414 Park Lane. There was a motion by Vice Chair Jeremiah Russell to amend the order of the agenda to move the COAs to the end of the agenda since the applicant is not present. Commissioner Frances McSwain seconded and the item passed with a vote of 6 ayes, 0 noes, and 1 absent (Pekar). See individual items in these minutes for more information. Page 2 of 13 Other Matters Enforcement issues Staff had none to report to the Commission. Certificates of Compliance A spreadsheet was distributed to the Commission earlier. Byl Harriell for painting part of the Bylites building at 712 E 11th Street, a handrail for Commissioner McSwain at 407 E 10th, back porch floor replacement at 1321 S Scott, and a fence repair and installation in the rear yard at 1023 S Scott Street. Guidelines Committee Revision The first meeting will be held this week and will be on the second and fourth week of each month. The press will be notified of these meeting. The revision will eventually be an item at your HDC regularly scheduled hearings. The property owners will be notified at that time for public comment and review the changes to the guidelines. Citizen Communication There were no citizens that chose to speak during citizen communication. Page 3 of 13 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.”A”. DATE: July 8, 2019 APPLICANT: Ed Garland, Dept. of Housing and Neighborhood Programs ADDRESS: 1419 S Commerce FILE NUMBER: HDC18-030 COA REQUEST: Demolition PROJECT BACKGROUND AND DESCRIPTION: The subject property is located at 1419 S Commerce. The property’s legal description is “Lot 5, Block 157, Original City of Little Rock, Pulaski County, Arkansas." This single family house was built c 1886. The 2006 survey form states: “This simple early Colonial Revival style structure with asymmetrical front and porch between front and side wing. Front porch has been rebuilt. Typical bay window and window shutters reflect style of the structure.” It is considered a "Contributing Structure" to the MacArthur Park Historic District. This application is for Demolition of the structure. PREVIOUS ACTIONS ON THIS SITE: On October 27, 1998, a COC was approved and issued to Thomas Inner City for maintenance on the outside and interior rehab. PROPOSAL AND WRITTEN ANALYSIS OF THE APPLICATION BASED OFF OF INTENT AND GUIDELINES: Page 55 of the guidelines speak of alternatives to demolitions. It states that loss of contributing buildings to the district should not occur. Demolitions of those structures diminish the overall character of the district. Care should be taken when reviewing an application for demolition. The architecture of the individual buildings and their context within the dist rict should be reviewed carefully. Location of Project Page 4 of 13 The Guidelines also state five conditions in which a demolition may be granted by the Commission. The first is public welfare. This building has been suffering demolition by neglect for the last twenty years. The current owner has owned the building since 1998. A building permit was issued in 2001 for rehab, which expired with no inspections or approvals issued. On or about September 9, 2005, a stop work order was issued for installation of new windows and siding without HDC approval or building permits. A permit was issued for rehab on March 29, 2006 for maintenance but expired with no inspections or approvals issued. It is unsure if the work was started on the 2006 permit. Housing and Neighborhood Programs has had this building on the Unsafe and Vacant list since January 24, 2012. The second point is rehabilitation or relocation possibilities. The guidelines state that it can be demolished if it is impossible due to severe structural instability or irreparable deterioration of the building. There is no eminent danger upon the building that would necessitate moving the structure to another location. Rehabilitation of the property is an alternat ive that will be discussed farther along in the report. All properties can be rehabbed if the desire is there. Staff does not have estimates on how much the project would cost if rehab were to be completed. Four rehab permits have been issued within 450 feet of the property. 1410 S Rock Street is currently being rehabbed with a building permit of $90,000. 1402 S Commerce which was partially burned currently was issued a rehab permit of $100,000. 515 E 15th and 517 E 15th Street were issued rehab permits issued for $83,500 each. 515 E 15th was sold this year for $195,000. The property at 1419 Commerce is currently listed as contributing to the MacArthur Park Historic District. State income tax credits of twenty-five percent of qualified expenses may be available for this structure. Federal income tax credits of twenty percent may be available if the property was income producing. The third point is economic hardship. No hardship argument has been claimed since the City of Little Rock is the applicant. The guidelines state that economic hardship relates to the value and potential return of the property, not of the financial status of the property owner. 1978 survey photo Contributing and Non-contributing map Page 5 of 13 The fourth point is if the building has lost its architectural integrity. The building has not lost its architectural integrity although it is in need of repair. The fifth point states that ‘no reasonable alternative is feasible, including relocation of the home.’ Staff believes that there are alterative to demolition of this structure. The first would be the sale of the property to another individual. The property has been redeemed for back taxes in 2002, 2006, 2010, 2014, and again in 2018. At the sale in early 2018, there was a bid on the property of $7,400. That sale was not completed since the owner redeemed the property by paying the back taxes and fees of $2,791. The bid of $7,400 proves that a private individual was interested in the property enough to win the bid on the property. This property could be donated to the City’s Landbank Program. The owner can write off the appraised value of the structure off their taxes. That program may or may not remove any existing liens from the property. Being part of the Landbank program does not require the new owner to occupy the structure for their personal use. Activity in the area has shown that in addition to four rehabilitation projects listed above, three new houses have been permitted within the last 2 years within three hundred feet of this property. 401 E Daisy Bates is a new house built in 2017 for $330,000 including land and improvements based on permit data and assessor’s sales data. 407 E Daisy Bates is also a new house currently being built for $379,000 based on same data. 603 E 15th is also a new house currently being built for $805,000 based on same data. If the property is demolished, Housing will place a lien on the property of approximately $5,500 for the demolition fees. Public Works will place another lien of approximately $2,000 for landfill charges. Liens are not necessarily forgiven by the City when the property is sold or developed. Staff believes that this property can be rehabilitated and put back into residential use. Income tax credits could be available on this property based on the work proposed to be done. It can be sold to another individual or donated to the Landbank program. Currently in the immediate area, rehabilitation permits and new single family building permits have been issued that prove that there is a market for housing in this area. NEIGHBORHOOD COMMENTS AND REACTION: At the time of distribution, there were no comments regarding this application. STAFF RECOMMENDATION: Staff Recommendation forthcoming. COMMISSION ACTION: December 10, 2018 Brian Minyard, Staff, made a presentation to the commission. Ed Garland, Housing and Neighborhood Programs Code Enforcement Division, spoke for the item. He stated there was $423 in outstanding liens on the property now. They have been unsuccessful in obtaining a response from the current owners. It has been on the Unsafe Vacant UV list since 2012. Appearing in front of the HDC is the first step in the demolition process. He spoke of the alternative processes available. If the owner has intent to rehab the structure, the owner needs to meet with the Director of the Housing Department and provide a detailed scope of work and a timeline on when the work will be completed. They will need to Page 6 of 13 have proof of financial capacity to finish the project. A 90 day “bring to code” building permit is issued and Staff follows up after 90 days to see how much work has been done. The Housing department may extend the “bring to code” permit for additional 90 day periods. Chair Ted Holder asked if this was a finish in 90 days or just start in 90 days permit. Mr. Garland said it was to make progress on the rehab. He also stated that they take lots of photos during the project to document the building activities. Cleveland Thomas, the owner of the house, said that the tornado of 1999 tore up the house. He has had some hardship rehabbing the house. The loves the structure and does not want it to be torn down. People have wanted to buy the house in the past, but the buyer fell through. Regions Bank has approved a $95,000 loan on the house but he had not found a contractor to do it for that price. He does not have any additional money to put towards the renovation of the house. He obtained a letter from a person that was willing to buy the house. He said he would sell the house. Chair Ted Holder asked if he considered donating it to the City Land Bank. Mr. Thomas replied that he wanted the house rehabbed and that he has had trouble with homeless people. Chair Holder reiterated that Mr. Thomas would like to rehab but does not have a contractor. He continued and asked what would happen if the time expires and he cannot sell it, it could be torn down. Commissioner Dale Pekar asked why he had not put up a for sale sign on the property. Mr. Thomas said that he has in the past but it was taken down. Patricia Blick, Quapaw Quarter Association Director, said that this item was presented at the November 27 Advocacy meeting. They recommended denial of the demolition application. She quoted the guidelines and stated it does not meet the conditions. Other options should be explored before the house is demolished. She shared a metaphor of a quilt where certain pieces were missing where the quilt is the neighborhood and individual houses were pieces of the quilt. The quilt and the neighborhood cannot stay together if there are too many missing pieces. Gabe Holstrum, 2102 Louisiana, stated that he was the person that was the $7400 bidder at the tax sale. He is interested in buying it if it is to be sold. He continued that three buyers in the audience should encourage the owner to sell. Lindsey Boerner, 401 E Daisy Bates, asked the commission to defer the application in order to allow rehab of the structure to occur. She did not want it torn down and welcomes the opportunity for a new family to move into the neighborhood. Mr. Minyard stated that the staff recommendation was to defer for six months in order for the owner to either: 1) list the property for sale, 2) donate it to the Landbank or 3) start the rehabilitation process. Commissioner Dale Pekar made a motion to defer with Staff conditions. Commissioner Frances McSwain seconded and the motion passed with 6 ayes, 0 noes and 1 absent (Frederick). STAFF UPDATE: In the almost six months since the last hearing on this item, the property owner has not contacted City Staff to discuss the property. A “For Sale” sig n was not on the property at the time of this writing and Staff has not observed one there in the past. A check of the Tax Page 7 of 13 Assessor’s website and the County Treasurer’s office show that the property is still in the ownership of Cleveland Odell Thomas, hence not sold or donated to the Landbank. A building permit has not been sought to repair the property. Mr. Thomas has not completed nor initiated any of the three conditions in the approved motion since the last hearing. Staff notified the property owners in the area of influence again with certified return receipt letters on May 29th (shown on page 8 and 9 of this report) along with the “Notice of Public Hearing” Form. The letter shown on page 10 was sent both certified return receipt and plain envelope US mail. Each of the letters was mailed to all three known addresses. STAFF RECOMMENDATION: Staff recommends that this item will be forwarded to the Housing and Neighborhood Programs Department to review for possible condemnation and demolition. COMMISSION ACTION: June 10, 2019 The applicant, Ed Garland, of Housing and Neighborhood Programs was not present. According to the Bylaws, Article V E 9, “The applicant of each item docketed shall be present or represented at the meeting and prepared to discuss the request.” Mr. Brian Minyard, Staff, asked Sherri Latimer if she interpreted that to mean the applicant must be present. She responded yes. Mr. Minyard noted that it was 5:15 pm. A motion was made by Vice Chair Jeremiah Russell to defer the item along with the other COA until the July 8, 2019 hearing. The motion was seconded by Commissioner Lauren Frederick and the motion passed with a vote of 6 ayes, 0 noes, and 1 absent (Pekar). Page 8 of 13 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. “B” DATE: July 8, 2019 APPLICANT: Ed Garland, Dept. of Housing and Neighborhood Programs ADDRESS: 1414 Park Lane FILE NUMBER: HDC18-031 COA REQUEST: Demolition PROJECT BACKGROUND AND DESCRIPTION: The subject property is located at 1414 Park Lane. The property’s legal description is “Lot 9, Block 157, Original City of Little Rock, Pulaski County, Arkansas." This single family house was built c 1907. The 2000 survey form states: “Typical Colonial Revival cottage for the area.” It also states “After her husband’s death, this was the home of Mrs. Regina (John A.) Schmelzer. She and her husband had lived at 1123 Rock S. Rock.” It is considered a "Contributing Structure" to the MacArthur Park Historic District. This application is for Demolition. PREVIOUS ACTIONS ON THIS SITE: On November 2, 2000, a COA was approved and issued to Pastor C. Harville and Wali Caradine for exterior renovations. PROPOSAL AND WRITTEN ANALYSIS OF THE APPLICATION BASED OFF OF INTENT AND GUIDELINES: Page 55 of the guidelines speak of alternatives to demolitions. It states that loss of contributing buildings to the district should not occur. Demolitions of those structures diminish the overall character of the district. Care should be taken when reviewing an application for demolition. The architecture of the individual buildings and their context within the district should be reviewed carefully. Location of Project Page 9 of 13 The Guidelines also state five conditions in which a demolition may be granted by the Commission. The first is public welfare. This building has been suffering demolition by neglect for the last twenty three years. On August 30, 1995, the Department of Neighborhoods and Planning - Housing Programs, sent a letter to the then owner, George Pike Jr, stating that an inspection had been made of the house and it was found to be “unsafe, unfit for human inhabitation, offensive to the neighborhood, and it is dangerous to persons in the vicinity or lawfully passing by the structure.” On March 27, 1996, the property changed hands to Lighthouse Inc. and they have owned it ever since. Multiple permits were issued on the structure from 2001 – 2005. From June 2000 – February 2001, permits for building, electrical, mechanical and plumbing were issued for $17,200 to bring the structure to code. Most of these permits expired without completion. In mid-2003, permits were issued for building and electrical work were issued for $20,000 to bring to code and they expired without completing the work. From August 2004 – September 2005, permits for building, electrical, mechanical and plumbing were issued for $24,900 to bring the structure to code. Most of these permits expired without completion. Housing and Neighborhood Programs has had this building on the Unsafe and Vacant list since 2013. The second point is rehabilitation or relocation possibilities. The guidelines state that it can be demolished if it is impossible due to severe structural instability or irreparable deterioration of the building. There is no eminent danger upon the building that would necessitate moving the structure to another location. Rehabilitation of the property is an alternative that will be discussed farther along in the report. All properties can be rehabbed if the desire is there. Staff does not have estimates on how much the project would cost if rehab were to be completed. Four rehab permits have been issued within 450 feet of the property. 1410 S Rock Street is currently being rehabbed with a building permit of $90,000. 1402 S Commerce which was partially burned currently was issued 1978 survey photo Contributing and Non-contributing map Page 10 of 13 a rehab permit of $100,000. 515 E 15th and 517 E 15th Street were issued rehab permits issued for $83,500 each. 515 E 15th was sold this year for $195,000. The property at 1414 Park Lane is currently listed as contributing to the MacArthur Park Historic District. State income tax credits of twenty-five percent of qualified expenses may be available for this structure. Federal income tax credits of twenty percent may be available if the property was income producing. The third point is economic hardship. No hardship argument has been claimed since the City of Little Rock is the applicant. The guidelines state that economic hardship relates to the value and potential return of the property, not of the financial status of the property owner. The fourth point is if the building has lost its architectural integrity. The building has not lost its architectural integrity although it is in need of repair. The fifth point states that ‘no reasonable alternative is feasible, including relocation of the home.’ Staff believes that there are alterative to demolition of this structure. They are as listed below. The first would be the sale of the property to another individual. The property was redeemed for back taxes in 1999. This property could be donated to the City’s Landbank Program. The owner can write off the appraised value of the structure off their taxes. That program may remove any existing liens from the property. Being part of the Landbank program does not require the new owner to occupy the structure for their personal use. Activity in the area has shown that in addition to four rehabilitation projects listed above, three new houses have been permitted within the last 2 years within three hundred feet of this property. 401 E Daisy Bates is a new house built in 2017 for $330,000 including land and improvements based on permit data and assessor’s sales data. 407 E Daisy Bates is also a new house currently being built for $379,000 based on same data. 603 E 15th is also a new house currently being built for $805,000 based on same data. If the property is demolished, Housing will place a lien on the property of approximately $6,200 for the demolition fees. Public Works will place another lien of approximately $2,000 for landfill charges. Liens are not necessarily forgiven by the City when the property is sold or developed. Staff believes that this property can be rehabilitated and put back into residential use. Income tax credits could be available on this property based on the work proposed to be done. It can be sold to another individual or donated to the Landbank program. Currently in the immediate area, rehabilitation permits and new single family building permits have been issued that prove that there is a market for housing in this area. NEIGHBORHOOD COMMENTS AND REACTION: At the time of distribution, there were no comments regarding this application. STAFF RECOMMENDATION: Staff Recommendation forthcoming. Page 11 of 13 COMMISSION ACTION: December 10, 2018 Brian Minyard, Staff, made a presentation to the commission. He stated that the owner was in the audience and that the staff recommendation was to defer for six months in order for the owner to either: 1) list the property for sale, 2) donate it to the Landbank or 3) start the rehabilitation process. Ed Garland, Housing and Neighborhood Programs Code Enforcement Division, spoke for the item. He stated there was $704.32 in outstanding liens on the property now. If the house was sold to a new owner with plans of a complete renovation, they may contact the Director of Housing and Neighborhood Programs to discuss options on the outstanding liens. Commissioner Frances McSwain said she drove by both of them today and asked how much of it had been destroyed by fire. Mr. Garland said he did not know exactly how much. They had an estimate from 2013 for the renovation expenses and would want to get a contractor opinion on what it would cost for a total rehab on the house. Commissioner Dale Pekar asked if the property goes back to the City, if the liens could be forgiven. Mr. Garland said that each case is different and that liens can be forgiven. Liens are against the property, not the property owner. Charlsetta Harville, the owner of the property, stated that she was the president of the Lighthouse Center CDC. She stated that she has spent more than $70,000 on the rehab of the house to date. She spoke of vandalism and stolen pipes and materials form the house. She is aware of the fire damage. A contractor she had to look at the house recommended that it be torn down. She will go with what the board recommends for her to do. She would consider selling the house or building a new one in its place if the old one was demolished. Chair Ted Holder asked if she had a preference to sell or rehab. Ms. Harville stated that she would rather sell than to rehab. Vice Chair Jeremiah Russell asked her if she was aware of the potential of $10,000 in liens of the city demolished her house. Ms. Harville stated that the Lighthouse Center had donated lots to the Downtown CDC before and the house is more than she can take on. She continued that she thought she could get it demolished for less money than that. Vice Chair Russell said that the application for demolition was the city’s application not hers. If she was to demolish it, she would need to reapply for the demolition herself and go through this process again. Commissioner Dale Pekar asked if the property is for sale now. Ms. Harville said it was not but she would be willing to consider selling it. Vice Chair Russell asked her if a six month deferral was approved, would she agree to list the house for sale. She replied yes. Commissioner Robert Hodge asked if she had ever listed it for sale before. She said that she had not. She used to keep insurance on it, but does not anymore. Patricia Blick, Quapaw Quarter Association Director, said that this item was presented at the November 27 Advocacy meeting. They recommended denial of the demolition application. She quoted the guidelines and stated it does not meet the conditions. Other options should be explored before the house is demolished. She said that there were lots of photos of the house before that would aid in the renovation of the Schmelzer House. Page 12 of 13 Vice Chair Jeremiah Russell made a motion to defer the item for six months with the condition that the property be listed for sale within one month. The motion was seconded and the motion passed with a vote of 6 ayes, 0 noes, and 1 absent (Frederick). STAFF UPDATE: In the almost six months since the last hearing on this item, the property owner has not contacted City Staff to discuss the property. A “For Sale” sign was not on the property at the time of this writing and Staff has not observed on there in the past. A check of the Tax Assessor’s website and the County Treasurer’s office show that the property is still in the ownership of Lighthouse Center, Inc., hence not sold or donated to the Landbank. A building permit has not been sought to repair the property. They has not completed nor initiated any of the three conditions in the approved motion since the last hearing. The property was auctioned by the State Land Commissioner on April 9, 2019 for $704.32 of outstanding liens placed on the property. The property was purchased by a third party for $9,000.00. Ms. Harville redeemed the property (paid the liens off) on April 24, 2019. The property is again owned by Lighthouse, Inc, Staff notified the property owners in the area of influence again with certified return receipt letters on May 29th (shown on page 8 and 9 of this report) along with the “Notice of Public Hearing” Form. The letter shown on page 10 was sent both certified return receipt and plain envelope US mail. Each of the letters was mailed to the two known addresses. STAFF RECOMMENDATION: Staff recommends that this item will be forwarded to the Housing and Neighborhood Programs Department to review for possible condemnation and demolition. COMMISSION ACTION: June 10, 2019 The applicant, Ed Garland, of Housing and Neighborhood Programs was not present. According to the Bylaws, Article V E 9, “The applicant of each item docketed shall be present or represented at the meeting and prepared to discuss the request.” Mr. Brian Minyard, Staff, asked Sherri Latimer if she interpreted that to mean the applicant must be present. She responded yes. Mr. Minyard noted that it was 5:15 pm. A motion was made by Vice Chair Jeremiah Russell to defer the item along with the other COA until the July 8, 2019 hearing. The motion was seconded by Commissioner Lauren Frederick and the motion passed with a vote of 6 ayes, 0 noes, and 1 absent (Pekar). Page 13 of 13 Adjournment There was a motion to adjourn and the meeting ended at 5:17 p.m. Attest: Chair Date Secretary/Staff Date