Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, February 12, 1991 TAG: 9102120574
SECTION: VIRGINIA PAGE: B-1 EDITION: EVENING
SOURCE: JOEL TURNER MUNICIPAL WRITER
DATELINE: LENGTH: Medium
On a 4-3 vote Monday night, council overruled a decision by the city's Architectural Review Board and allowed William Weeks to replace the roof on an apartment building at 112 Albemarle Ave. S.W.
The issue produced one of the most emotional and longest debates - nearly two hours - at a council meeting in recent years.
It was the first time council has been asked to review a decision by the board since the district was created.
"Every time a slate roof is replaced by shingles, a bit of Old Southwest's fabric is ripped away," Petie Brigham, a resident, told council.
A slate roof might not mean much to residents in South Roanoke, Hunting Hills or North Roanoke County, but it is part of the architectural and historic character of Old Southwest, she said.
The board had denied Weeks' request, ruling the "architectural character of the slate roof was important to the structure and the Old Southwest District." It said replacing the roof was not necessary to preserve the building and the slate could have been repaired.
Three council members - David Bowers, Elizabeth Bowles and William White - wanted to uphold the board's decision.
But the others who voted to allow the slate roof to be replaced indicated they were caught in a bind by the language in the city code dealing with the board's jurisdiction.
No structures can be demolished and no exterior alterations made to buildings in the district without the board's permission. But the "ordinary maintenance" of buildings is exempted, according to the code. Property owners are not required to get approval for maintenance.
That was the main argument by Robert Szathmary, an attorney for Weeks, for setting aside the board's decision.
The code reads: "Nothing in this section shall be construed to prevent the ordinary maintenance of any building, structure or historic landmark in the district. Ordinary maintenance shall include such things as painting, roof and window repair and replacement, installation of siding, awnings or other similar modifications, and other routine or necessary maintenance for structural preservation."
Szathmary said council had no choice but to allow his client to remove the slate because the language clearly states that roof replacement is ordinary maintenance and exempt from the board's control.
"I just don't see how you can make the rules as you go. When you write an ordinance, I think you have to back it up," he said.
Replacing the roof with shingles would be at least $12,000 cheaper than putting back slate, Szathmary said.
But the code section can be interpreted differently, City Attorney Wilburn Dibling said. Replacing slate with asphalt is not necessarily routine maintenance, he said, if it's not required to preserve the building. That's the position taken by the board and the city staff, which argued that Weeks said he was replacing the slate for economics.
Mayor Noel Taylor said the language is confusing and should be clarified.
Council voted to refer the language dealing with maintenance to the board and to ask it to hold a public hearing to get residents' views. It will ask for a recommendation on the wording.
White said he didn't consider a new roof to be routine maintenance because the Internal Revenue Service code classifies a roof as a structure and capital item for tax purposes. White said council must uphold the neighborhood's architectural integrity to protect investments and property values.
But Vice Mayor Howard Musser and James Harvey said they are worried that elderly homeowners in Old Southwest could be forced out of their property if they have to replace their roofs with slate instead of asphalt shingles. Harvey, who owns rental property in the neighborhood, said slate roofs can cost as much $20,000.
"What worries me is an elderly homeowner in a 50-to-60 year old building and the roof is leaking - is this person going to be able to pay $18,000 to $20,000 for a roof," he said.
by CNB