Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, February 13, 1991 TAG: 9102130471
SECTION: VIRGINIA PAGE: B-4 EDITION: METRO
SOURCE: JOEL TURNER MUNICIPAL WRITER
DATELINE: LENGTH: Medium
On a 4-3 vote Monday night, council overruled a decision by the city Architectural Review Board and allowed William Weeks to replace the roof 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 historic 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.
She said 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.
The board had denied Weeks' request, ruling that 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 that 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 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 can be made in the district without the board's permission. But "ordinary maintenance" is exempted, according to the code.
That was the main argument by Robert Szathmary, an attorney for Weeks, for setting aside the board's decision.
The code reads: "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 removal of the slate because the language clearly states that roof replacement is ordinary maintenance and exempt from the board's control.
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 if it's not required to preserve the building, he said.
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.
Vice Mayor Howard Musser and Councilman James Harvey said they were worried that elderly homeowners in Old Southwest could be forced out of their properties if they had to replace their roofs with slate instead of asphalt shingles. Harvey, who owns rental property in the neighborhood, said slate roofs can cost $20,000.
by CNB