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HomeMy WebLinkAboutHDC2023-022 staff report w minutesAugust 3, 2023 1 ITEM NO.: ONE FILE NO.: HDC2023-022 NAME: Demolition LOCATION: 913 McMath Ave OWNER/AUTHORIZED AGENT: Hut Little Rock LLC Bryan Smith 225 Bush St., Ste 1800 BMD Builders San Francisco, CA 94104-4211 119 E. Center Street, Beebe, AR 72012 Figure 1. 913 McMath, Little Rock, AR August 3, 2023 ITEM NO.: ONE (Cont.) FILE NO.: HDC2023-022 2 AREA: 0.53 acres NUMBER OF LOTS : 1 WARD: 1 HISTORIC DISTRICT: MacArthur Park Historic District HISTORIC STATUS: Non-Contributing CURRENT ZONING: UU – Urban Use A. BACKGROUND Location The subject property is located at 913 McMath Avenue. The property’s legal description is “Lots 12, 13 and the South ½ of Lot 14, all of the South ½ of Lot 5, all of the Lot 6 and all of Lot 7 lying West of the U.S. Interstate Highway No. 30 Right of Way, all in Block 4, Masonic Addition to the City of Little Rock, Pulaski County, Arkansas.” Context The subject property is the site of a one-story commercial building with exterior walls of combination brick veneer and siding, built 1981. The structure is currently vacant and has solely been used as a Pizza Hut restaurant. In c. 1971, three historic residences were demolished following the rezoning of the property from two-family to commercial for the purpose of new commercial development. The structure is a Non- Contributing resource identified in the 2007 National Register survey form, PU2943. The building is oriented to face Interstate 30 and is frame construction on a continuous foundation. The structure has a rectangular plan with a hipped Figure 2. Location of 913 McMath within the MacArthur Park Historic District. August 3, 2023 ITEM NO.: ONE (Cont.) FILE NO.: HDC2023-022 3 standing seam metal roof. The roof had a central built-up pyramid for a Pizza Hut sign which is no longer present. Windows are stationary in a trapezoidal shape, some being open corner windows. Several windows are horizontal and sliding, to service a drive-through. The rear of the building faces McMath and has a freezer addition attached. From construction, the building originally displayed a wood shake roof. In 1996, the property was updated to the iconic “red roof” design conceptualized by architect Richard D. Burke in the late 1960s. The pizza company’s red roof architecture is recognizable across the United States. According to the company’s blog, Pizza Hut opened in Wichita, Kansas by two college-aged brothers who borrowed $600 from their mom. By 1971, Pizza Hut Inc. became the No. 1 pizza restaurant chain in the world in both sales and number of restaurants. Recent/Previous Action In 1968, a zoning permit (Z-2181) was denied for the rezoning of three lots from two-family to commercial for the purpose of a service station. In 1978, a CUP (Z-3237) was issued to Dr. Lem Clement to allow for a restaurant of “nondrive-in nature”. In 1989, a COA (HDC1989-004) was issued to the National Pizza Co. to add a drive through window. Figure 4. Pizza Hut with wood shake roof, 913 McMath, looking southwest from I-30 Frontage Rd, 1996 Figure 3. Pizza Hut with metal roof, 913 McMath, looking northwest from I-30 Frontage Rd, 2018. August 3, 2023 ITEM NO.: ONE (Cont.) FILE NO.: HDC2023-022 4 In 1996, a COA (HDC1996-006) was issued to Robert Cotton to replace the wood shake roof with red standing seam metal. No other actions were found. B. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The application requests for the permitted demolition of all structures on the property, these being: the primary structure and grease trap. The application notes that the asphalt parking lot will remain, and all vegetation will be removed. C. EXISTING CONDITIONS: See site photos (Attachment A) and application packet (Attachment B). Currently all window and door openings are boarded. Access to the property is restricted. D. NEIGHBORHOOD COMMENTS: At the time of distribution, there were no comments regarding this application. All owners of properties located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock that surround the site were notified of the public hearing. E. ANALYSIS: The Design Guidelines provide five conditions in which a demolition may be granted by the Commission (page 55). Section VI. 2. 1-5. Demolition states: 1. “The public safety and welfare requires the removal of the building, as determined by the building or code inspector and concurring reports commissioned by and acceptable to the LRHDC from a structural engineer, architect, or other person expert in historic preservation. 2. Rehabilitation or relocation is impossible due to severe structural instability or irreparable deterioration of a building. 3. Extreme hardship has been demonstrated, proven, and accepted by the LRHDC. Economic hardship relates to the value and potential return of the property, not to the financial status of the property owner. August 3, 2023 ITEM NO.: ONE (Cont.) FILE NO.: HDC2023-022 5 4. The building has lost its original architectural integrity and no longer contributes to the district. 5. No other reasonable alternative is feasible, including relocation of the building.” Staff finds the primary condition relating to this property in consideration of demolition is the lack of identified historic value. The property has previously been surveyed for historic and cultural significance and no significance has been determined by the National Park Service at this time. Built in 1981, the property is less than 50 years old and outside the period of significance of the MacArthur Park Historic District (1842-1960). The property is not independently listed in the National Register. Staff confirmed with the National Register team at the AHPP that there were no current initiatives at the state or federal level concerning Pizza Hut restaurants as a context or this specific structure. Staff is unaware of any local initiatives or designations concerning this structure’s historic and cultural value. Beyond a 2023 Limited Asbestos Inspection (Attachment B), no reports were submitted with the application concerning public safety. Relocation of the structure is not being considered by Staff as an alternative since it has been determined that the structure is non-contributing to the district and has no identified historic value. Concerning substantial hardship, no exact cost comparisons have been provided by the applicant and no documentation has been submitted identifying circumstances unique to the property under substantial hardship. The Guidelines also state that significant care should be taken when reviewing an application for demolition to consider the impact to the district. The Little Rock Historic Preservation Code states (Sec. 23-121.) that in consideration of a COA for a demolition, the Commission may defer the matter to consider the following alternatives: “(a) Sources of funding for preservation and restoration activities, if lack of such funds is the reason for the request to demolish. (b) Adaptive use changes, if there are conditions under which the required preservation of a historic landmark would cause undue hardship to the owner or owners, so long as such changes are in keeping with the spirit and intent of this division. (c) An attempt to find a purchaser for the property who would maintain the landmark in a suitable and acceptable manner within the limits of this division. August 3, 2023 ITEM NO.: ONE (Cont.) FILE NO.: HDC2023-022 6 (d) The feasibility of moving the structure to another appropriate location. (e) Any such other solution as may be deemed advisable and in keeping with the spirit and intent of this division.” Considering alternatives to demolition according to Sec. 23-121, the structure is not eligible for rehabilitation tax credits or restoration grants since the structure is not a contributing structure to the district and is not independently listed. An attempt to find a purchaser who would maintain the building, or to consider adaptive use changes, is unnecessary since the structure does not have landmark status and the current property owner is active in the property’s improvement. Concerning the MacArthur Park Historic District National Register status, the demolition of the structure at 913 McMath will not impact the district’s eligibility totals since it is a non-contributing structure that is not eligible in the district due to the year it was built. Staff finds the application is within the conditions for demolition. Any new construction on the property will require the issuance of a Certificate of Appropriateness. F. STAFF RECOMMENDATION: Staff recommends approval of the application with the following conditions: 1. Obtain required permits. 2. Properly prepare the structure for demolition. 3. Dismantle and remove the structures from the property avoiding damage to surrounding structures. 4. Remove all debris. G. COMMISSION ACTION AUGUST 3, 2023 Staff, Ratzlaff, made a presentation to the Commission. Chair Jones asked if the applicant would like to make a presentation. Bryan Smith, authorized representative, spoke on the applicant’s behalf. Mr. Smith said he believed the demolition of the structure was a “win-win” for the historic district based on the determination that the structure has no historical or cultural significance, the structure was not currently serving a purpose, and the Commission would have August 3, 2023 ITEM NO.: ONE (Cont.) FILE NO.: HDC2023-022 7 review of any new development. He shared that the catalyst for the demolition of the structure was that a potential buyer wanted the structure to be demolished before purchase of the property. He said the potential buyer had plans for a new residential development. Mr. Smith said part of his job as a hired contractor for Pizza Hut was to go to restaurant locations and demolish or “de-brand” the structures for sale. He shared that Pizza Hut’s current goal is to not have a dine- in location in the United States in the next five years. Chair Jones opened the meeting to questions or comments from the Commission. Commissioner Aleman said she believes the case meets the first condition for demolition, which is the removal of the building for the purposes of public safety and welfare. Aleman said the building has been vacant for a number of years and there was a homicide in 2017 in the structure following a break in while vacant. Mr. Smith said the structure has continued to have problems with break ins, trespassing, and squatting and this has caused problems with getting the necessary inspections, such as the asbestos inspection, completed. Ratzlaff thanked Mr. Smith for his efforts to continue to secure and board the property as required by City code. Mr. Smith said he believes Pizza Hut has spent nearly $5,000 repairing and reboarding the property following break ins. Chair Jones asked Mr. Smith when demolition would begin if permitting was approved. Mr. Smith said, if approved by the Commission and with issued permits, he could begin in 10 or so days and have it completed in two weeks. Commissioner Nunn said the application seemed straightforward. Commissioner Nunn made a motion to approve the application with Staff’s recommendations and conditions. Chair Jones seconded the motion. The motion passed with 5 ayes, 0 noes, and 2 absent.