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HomeMy WebLinkAbout1019 rock demo staff report 1-10 DATE: June 11, 2018 APPLICANT: Ed Garland, Housing & Neighborhood Programs ADDRESS: 1019 Rock Street FILE NUMBER: HDC18-009 COA REQUEST: Demolition of accessory building PROJECT BACKGROUND AND DESCRIPTION: The subject property is located at 1019 Rock Street. The property’s legal description is “Lot 5, 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. The accessory building is also considered contributing according to AHPP policy. This application, the demolition of accessory building, is a result of an enforcement action by the Housing and Neighborhood Programs. PREVIOUS ACTIONS ON THIS SITE: 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 North elevation of house in 2006 North west corner of house in 2006 Alley elevation of accessory building Contributing and Non-contributing map 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 and accessory building (shed) sit on lot 5. Lot 6, on the corner, is vacant. The house and the accessory building are contributory structures in the district. The shed is a wood building with approximately 1 x 12 vertical siding boards on the exterior with an exterior door towards the house. The building has obvious rot in multiple places and missing siding boards that act as doorways to the interior of the shed. The roof sags in at least two places and is probably not water tight. This property has been vacant since at least 2005. Staff believes that the house could be renovated and habitable but the shed is not. This house is not currently on the unsafe and Vacant List. To be on that list, there must be an interior inspection of the house that has not happened at the time of this writing. Staff believes that the accessory building (shed) is beyond renovation without extraordinary means. The Guidelines set forth five criteria listed on page 55 of the current guidelines. They are listed on page 8 and 9 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. On page 56 of the Guidelines, it states: “Demolition of secondary buildings (garages, sheds, etc.) may be appropriate if they have substantially deteriorated (requiring 50% or more replacement of exterior siding, roof rafters, surface materials, and structural members.) Staff believes that this is the case at 1019 Rock Street. Staff attempted to contact Mr. Lamb on April 30, 2018 via both regular US mail and certified return receipt mail to five addresses that are linked to him. See copy of letter later in this staff report. Official notice of his property being on the agenda was sent on May 16, 2018 to the same five addresses. Signs on the property were posted on May 30, 2018. Mr. Lamb did contact Staff via phone call on June 1, 2018 about the application to demolish the accessory building. On pages 11-26 of this staff report are “Official Notices to Comply” from Housing and Neighborhood Programs to the owner noting non-compliance with city codes on maintenance and upkeep of the buildings and lot. On pages 27-31 are copies of liens against the owner. The liens were filed because of non- payment of invoices sent to him by the city for cutting grass on the vacant lot and at the house. A lien has not been filed for the outstanding current invoice for this year. South side of building Looking through building westward 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 building permit. COMMISSION ACTION: June 11, 2018 Commissioner Dale Pekar recused himself from the item and left the meeting. Brian Minyard, Staff, made the announcement that since there are only five commissioners in attendance, the applicant tonight could defer to the next month’s meeting and the City would send the notices. It was explained that for a motion to pass, the motion needs a majority of the entire commission which is four positive votes, not just a majority of the commissioners present. Terry Hall, representing the Department of Housing and Neighborhood Programs, verbally stated that he wanted to proceed with the hearing tonight. Brian Minyard, Staff, made a brief presentation to the Commission and clarified that this item was only about the outbuilding, not the main house. An email was received by Rebecca Pekar in support to of the demolition. Staff would like to add the following condition to the recommendation: “Approval will be contingent upon the Little Rock Board of Director’s approval of an ordinance to condemn the structure for demolition and removal.” Your action tonight, if approved, will be to make a recommendation to demolish and removal to the Board of Directors. This is different for this COA since the applicant is not the homeowner Vice Chair Jeremiah Russell, asked what the language of the ordinance was and if it was a demolition by neglect ordinance or just dealing with this property. Mr. Hall stated that it was not written yet but would only demolish the outbuilding and the ordinance would only be for this property. Commissioner Dick Kelley asked if there was any avenue to preempt the demolition and take the property over and sell it at auction. Mr. Hall said that it might be possible with liens through the foreclosure process. Debra Weldon, City Attorney’s office, stated that the City does not have a demolition by neglect ordinance in the historic district. Chair Ted Holder asked if this was initiated by the neighbors. Mr. Hall stated that a meeting was held with the neighbors earlier in the year and discussed avenues for the demolition of the shed. He cited rodents, homeless living in it, and afraid of the shed being set on fire. Felton Lamb, the property owner, stated that he had struggled over the years with maintaining the property. He had wanted to do a restoration but has been battered with personal and financial issues. The shed has gone to a point where he cannot repair it. He agrees with the City Housing Department to demolish the building. He may have to put the property up for sale. Chair Holder asked if there would be another lien on the demolition of the shed. Mr. Lamb said yes. Melissa Laux, 1015 Rock, spoke of the unsafe conditions including drugs and fires in the shed. The police has been called different times. She has had to put up a fence to protect her backyard. She claims the shed is beyond repair. Leonard Hollinger, 420 E 11th Street, said that Felton had been a good neighbor, but the shed was being used as a public restroom and has attracted varmints. He has spent money to kill the rats. He feels for Mr. Lamb, but this structure is a nuisance and the quicker it comes down the better it would be for all. Missy McSwain, 407 E 10th Street, supports what her neighbors have said and that the shed needed to come down as soon as possible. Commissioner Amber Jones asked that any historic elements that were being stored in the shed be moved to another location before the shed was demolished. Mr. Minyard said that he thought Housing could work with the owner to move those things before the shed was demolished. Commissioner Kelley asked about the main structure. Mr. Hall stated that the house is boarded up and is secure. He continued that he would work with Mr. Lamb on moving items out of the shed that were of value. Vice Chair Russell made a motion to approve the demolition with both staff conditions. Commissioner Jones seconded and the motion was approved with a vote of 5 ayes, 1 absent (Hodge) and 1 recusal (Pekar). Application Cover Letter Letter to Felton Lamb on April 30, 2018 Text of the Arkansas state statute: 14-172-208. Certificate of appropriateness required - Definition. (a)(1) No building or structure, including stone walls, fences, light fixtures, steps, and paving or other appurtenant fixtures, shall be erected, altered, restored, moved, or demolished within an historic district until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to and approved by the historic district commission. The municipality or county shall require a certificate of appropriateness to be issued by the commission prior to the is suance of a building permit or other permit granted for purposes of constructing or altering structures. A certificate of appropriateness shall be required whether or not a building permit is required. (2) For purposes of this subchapter, "exterior architectural features" shall include the architectural style, general design, and general arrangement of the exterior of a structure, including the kind and texture of the building material and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures. (b) The style, material, size, and location of outdoor advertising signs and bill posters within an historic district shall also be under the control of the commission. Excerpt from State Statue Text of the City Ordinance for Historic Preservation: Sec. 23-115. Certificate of appropriateness required. No building or structure, including stone walls, fences, light fixtures, steps and paving or other appurtenant fixtures shall be erected, altered, restored, moved, or demolished within the historic district created by this division until after an application for a certificate of appropriateness as to the exterior architectural changes has been submitted to and approved by the historic district commission. A certificate of appropriateness shall have been issued by the commission prior to the issuance of a building permit or other permit granted for purposes of constructing or altering structures. Sec. 23-119. Prohibited considerations. In its deliberations under this article, the commission shall not consider interior arrangement or use and shall take no action hereunder except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures or appurtenant fixtures, in the district, which are deemed by the commission to be obviously incongruous with the historic aspects of the district. Excerpt from City Ordinance Excerpt from 2016 Guidelines Excerpt from 2016 Guidelines Housing’s ‘Notice to Comply” dated 2-23-2018 for buildings Acknowledgement of mailing of notice Housing’s ‘Notice to Comply” dated 2-23-2018 for premises Acknowledgement of mailing of notice Housing’s ‘Notice to Comply” dated 4-9-2018 for buildings Acknowledgement of mailing of notice Housing’s ‘Notice to Comply” dated 5-10-2018 Housing’s ‘Notice to Comply” dated 5-10-2018 continued Housing’s ‘Notice to Comply” dated 5-10-2018 continued Housing’s ‘Notice to Comply” dated 5-10-2018 continued Housing’s ‘Notice to Comply” dated 5-10-2018 continued Housing’s ‘Notice to Comply” dated 5-10-2018 continued Housing’s ‘Notice to Comply” dated 5-10-2018 continued Housing’s ‘Notice to Comply” dated 5-10-2018 continued Housing’s ‘Notice to Comply” dated 5-10-2018 continued Acknowledgement of mailing of notice Lien dated 7-2-2017 Lien dated 7-8-2016 Lien dated 11/14/2014 Lien dated 6/12/2014 Lien dated 12-12-2011