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HomeMy WebLinkAboutHDC1993-005 Memo From Letter Form City Of Little Rock To Mayor Dailey And Members Of The oard Of Directors 08/30/19941 a, City of Little Rock Thomas M. Carpenter City Hall City Attorney 500 W. Markham St. Little Rock, AR 72201-1400 501 /371-4527 M E M O R A N D U M TO: Mayor Dailey and Members of the Board of Directors FROM: Thomas M. Carpenter���,6--c City Attorney Re: Demolition of Duffey property: 815 Rock Street DATE: August 30, 1994 The purpose of this memorandum is to recommend that the Board remove from the table the ordinance to permit the demolition of the property at 815 Rock Street for public safety reasons. Attached to the memorandum is a recent set of color photographs that show the current condition of the property. Recent conversations with Jim Hathcock have led to this recommendation based, in large part, on his expressed concern that this building ma not withstand fall or winter storms in the City without collapse. None of the structures that were subject to the tabled motions were to be considered until the Board acted upon a revised minimum maintenance ordinance. The new ordinance is to include a definition of public safety to be applied to the demolition of historic structures, that is more demanding than for other structures. A shorthand definition is that a structure in an historic district should not be demolished unless the structure poses a fire hazard or is imminent threat of collapse. Roy Settoon, who arranged for the attached pictures, commented that this structure does not really meet a definition as a fire trap since there are no electrical services to the building. However, he is quite concerned about the possibility of collapse. In general, the photographs reveal that a settling is occurring under the building which is causing serious structural damage. For example, photograph 16 (west exterior view) reveals a complete crack in a window lentil. Since these lentils were made of solid stone, it is a good indication of the force that is pressing down at that point. A close review of the photograph also reveals that cracks extend up to the window on the next story. A closer picture of the crack, and the lack of support in the foundation, is shown in photographs 17 & 18. Photograph No. 10 shows the cracking in the middle of the chimney. This cracking is actually causing the chimney to lean. Both Mr. Settoon and Mr. Hathcock believe that the chance the chimney will collapse is very real. While there is some fencing around the building, it is not necessarily sufficient to protect the neighborhood should the structure collapse. Memorandum to Mayor Dailey and Members of the Board Re: Demolition of Duffey property at 815 Rock Street August 30, 1994: Page # The Board had a separate ordinance prepared to allow this demolition. This ordinance was tabled on June 21, 1994. There was no definite period set for the matter to be removed from the table. It will take a vote of six persons to remove the issue from the table, a vote of six persons to adopt the ordinance, and a vote of eight persons to adopt an emergency clause to immediately put the ordinance into effect. The question has been raised whether this office is recommending this action simply because a lawsuit has been filed by Ms. Duffey which alleges an unconstitutional taking in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution? The answer is no. This office continues to believe that the City has the authority to make certain determinations about structures within an historic district without coming into conflict with the Constitution. However, I must note that while preparing for this lawsuit my office revisited the condition of this particular structure in some detail with code enforcement officers. As a result of these conversations, we asked that a review of the structure occur, that the attached photographs be prepared, and that a recommendation on demolition under even an enhanced definition be given. It is the result of this action that leads to this memorandum. At the end of this memorandum I have attached a copy of the proposed ordinance that has been tabled. A copy of this memorandum is being forwarded to the Historic District Commission. There has been some discussion about returning this matter to the Commission for its action. The problem is that the one year period between applications for a Certificate of Appropriateness has not expired. However, by copy of this memorandum, the Commission is being given the opportunity to note whether it has any further opposition to this demolition. Such comments, however, are not binding upon this Board. Please let me know if you have any additional questions. CC. Charles Nickerson, City Manager Jim Lawson, Acting City Manager Tim Polk, Acting Dire tor of Neighborhoods & Planning Ron Newman, Directo of Neighborhoods Molly Satterfield Little Rock Historic District Commission Cheri Nichols, Quapaw Quarter Association J 5. --y Roof badly deteriorated and sagging; roof separating at peak •. a �L � -, � -_' �e -^•_, • � �� � - :ate •- Nar s .� -�, r Aim �� •yam•.. 4r�iL[i _�•.� ., �.AM FF - •'z - �• '• '. • " Sid V. so y r..— • � � ~��� - �--- elf r �1 i I 70, - -f•�f - L 14 r ■ fir:.-;�'.,'•"` _ - �• fit 00 � J � ►JI r JI jp- . . Ak I, ` y � Page 2 SECTION 1. The Board of Directors hereby declare that the following structure constitute public nuisances. The owners of the following described property is hereby ordered either to begin rehabilitation by immediately contacting the Neighborhood Programs Division and entering into an agreement providing for the immediate rehabilitation of the structure or to raze and remove said structure within twenty-four (24) hours and to complete such removal within seventy-two (72) hours of the effective date of this Ordinance. While not required by law to do so, the Neighborhood Programs Division will immediately attempt to notify the owners of the property listed below of the passage 'of this ordinance by certified mail or personal service. The property on which the. condemned structure is located by street address and legal description is hereafter set forth with the name of the owners of records, as follows: Page 4 SECTION 2. The conditions of this structure on the above -described property has been found to present structural, fire and health hazards and is dangerous to the health and safety of the occupants or other persons, and further, the structure is in such condition as to be dangerous to the lives, limbs and property of people in its vicinity or those lawfully passing thereby. SECTION 3. The City Attorney is hereby authorized to institute such proceedings against such persons as may be necessary in order to enforce the provisions of this ordinance so as to remedy the unsightly and dangerous conditions brought about as a result of the failure of the owners thereof to maintain this property. SECTION 4. The Neighborhood Programs Division of the City of Little Rock is also authorized to raze and remove said building and file and enforce a lien against said property for the cost of razing and removing said structure pursuant to Section 20-32 of the Little Rock Code of Ordinances. SECTION S. Unless the provisions of this Ordinance are put into effect immediately, the public peace, health and safety and welfare of the citizens of Little Rock will be adversely, affected; therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage.