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

DATE: THURSDAY, April 18, 1991                   TAG: 9104190258
SECTION: NEIGHBORS                    PAGE: S-3   EDITION: METRO 
SOURCE: JOEL TURNER MUNICIPAL WRITER
DATELINE:                                 LENGTH: Medium

ROOF REPLACEMENT UNDER FIRE

Roanoke's Architectural Review Board will hold a public hearing next month on the issue of whether property owners in historic districts should be required to get the city's permission to replace slate roofs with other materials.

A May 9 hearing has been scheduled to get the views of residents, contractors and others in the Old Southwest Historic District.

The issue has produced controversy because City Council recently voted to allow a slate roof on an apartment building at 112 Albemarle Ave. S.W. to be replaced with asphalt shingles despite opposition by nearby residents.

Old Southwest residents argued that slate roofs are part of the neighborhood's architectural character and should be preserved.

On a 4-3 vote in February, council overruled a decision by the board that rejected an apartment owner's request to replace the slate with asphalt shingles. The majority said they were caught in a bind by the language in the city code dealing with historic districts.

The "ordinary maintenance" of buildings is exempted from the board's jurisdiction, and property owners are not required to get approval for it.

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."

That was the main argument of the attorney for the apartment building owner. He 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.

But City Attorney Wilburn Dibling said the code section can be interpreted differently. Replacing slate with asphalt is not necessarily routine maintenance if it's not required to preserve the building, he said. That was the position taken by the board and the city staff, which argued that the apartment building owner was replacing the slate for economics. But a council majority disagreed.

Council members said the language is confusing and should be clarified.

Also Thursday, the board members agreed that the city should not replace metal street-light poles in the City Market area with concrete poles. Board members said the metal poles are part of the Market's architectural character and should not be removed.

by CNB