ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, December 20, 1996 TAG: 9612200040
SECTION: VIRGINIA PAGE: B-3 EDITION: METRO
SOURCE: DAN CASEY STAFF WRITER
THE CITY ATTORNEY SAID he expects to know within 30 days what additional action Roanoke will take against Calvin Powers for tearing down two houses without the necessary approvals.
The owner of two homes that were torn down in a historic district without approval from the city's Architectural Review Board has won round 1 of his dispute in General District Court.
A judge Thursday dismissed criminal charges against Calvin Powers, who the city alleged had failed to comply with repair orders on two homes he owned at 319 and 321 N. Jefferson St., near the Hotel Roanoke.
But that doesn't mean the city's dispute with Powers is over. City Attorney Wilburn Dibling said he expects to know within 30 days what additional action, if any, the city will take against Powers for tearing down the houses without the necessary approvals.
Judge Jacqueline Talevi dismissed the charges at the request of Assistant Commonwealth's Attorney Eric Branscom.
Branscom said that because the houses were torn down, the exterior repair orders were moot.
"All the law says you have to do is abate the problem," Branscom said. "And one way to abate the problem is, always, to remove the house. ... For what we have here today, he has come into compliance."
Powers originally applied for the demolition permits in December 1995, before the Gainsboro historic district was created. They were approved but never issued, because the city talked him out of demolishing the structures, Building Commissioner Ron Miller said.
In February, the city created the historic district and subsequently notified Powers he couldn't tear down the houses without approval from the Architectural Review Board.
In September, the city ordered him to make exterior repairs to the two houses. The city took him to court Nov.21 for ignoring those orders. At that time, Powers requested a continuance until Dec.19.
On Nov.26, his contractor showed up in the Building Inspection Office and requested the demolition permits. A clerk mistakenly issued them, not realizing that Architectural Review Board approval was needed. The houses were torn down Nov.27, an action that outraged some residents of Gainsboro and city officials.
Outside the courtroom Thursday, Powers declined to comment. His attorney, Robin Dearing, said, "I hope this is the end of it."
Dibling, however, said the city has legal options in pursuing Powers.
"The only thing I can tell you is we're exploring all options," Dibling said, "and we will take the appropriate legal action."
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