
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, April 6, 1991                   TAG: 9104090471
SECTION: EDITORIAL                    PAGE: A-11   EDITION: METRO 
SOURCE: JOHN P. CONE JR.
DATELINE:                                 LENGTH: Medium

TRAP BEING LAID FOR ARCHITECTURAL BOARD

AS REPORTED in your article Feb. 12, "Slate roof splits council members," City Council has recently overturned a decision by the Architectural Review Board. By this action, it would appear that City Council realized that the Architectural Review Board had acted in an arbitrary manner. In fact, in several recent instances the board has exceeded the authority given it by the zoning ordinance

In addition, the board was instructed to review the language regarding the H-2 Neighborhood Preservation Zoning District. However, these considerations are being conducted in private. Who is privy to these discussions? Would it not be more appropriate to open the process to the public?

The decisions could have a profound effect on the whole city. One option the board should consider is whether it is in the city's best interests to revise the ordinance at all.

Certain interests in Old Southwest are exerting pressure to change the language in the H-2 ordinance to make it identical to the H-1 ordinance. The result would essentially be to abolish the H-2 overlay. This would radically change its original intent. The public should be aware that the H-1 overlay is significantly more restrictive on property use.

The public should also be aware that properties within the H-1 and H-2 overlays receive several significant economic advantages from the state and federal governments. Among them are the opportunity for 7-percent rehabilitation loans and 10-year periods of tax reduction. The benefits could help revitalize other parts of the city, including the Old Southeast and Gainsboro areas, which are as worthy as Old Southwest.

Residents in these historic areas would be well within their rights to demand equal property protections and economic incentives. If the H-2 overlay is amended to become more like the H-1, will it be in the city's best interests to have such a large area so restrictively regulated?

When the city adopted the H-1 and H-2 overlays, it was after lengthy public discussion and debate. The city correctly applied the necessary level of protection to each area to encourage both historic protection and neighborhood renewal. Government has a legitimate interest in protecting historic structures from demolition and in encouraging rehabilitation.

However, government should not be drawn into making minor design decisions. It is not in the best interests of a governmental body to legislate artistic expression. The Architectural Review Board is being led into a trap by certain residents who wish to dictate their personal tastes.

John P. Cone Jr., a Roanoke architect, is interested in environmental issues and historic preservation in Old Southwest.

by CNB