ROANOKE TIMES 
                      Copyright (c) 1997, Roanoke Times

DATE: Friday, March 7, 1997                  TAG: 9703070047
SECTION: VIRGINIA                 PAGE: C1   EDITION: METRO 
SOURCE: DAN CASEY THE ROANOKE TIMES

ROANOKE ISSUED PERMITS, BUT NOW WANTS TO FINE DEVELOPER UP TO $38,000 CITY SUES OVER DEMOLISHED GAINSBORO HOUSES

He flouted historic district rules in not getting the OK of the Architectural Review Board, the lawsuit says.

In November, developer Calvin Powers tore down two houses in the Gainsboro historic district without seeking approval from Roanoke's Architectural Review Board.

That action could cost him a lot of money. The city has filed suit against the wealthy landowner, asking that Powers be fined up to $38,000 for knocking down the houses without the board's approval.

The Circuit Court lawsuit against Powers and Blue Eagle Partnership, one of his companies, is the first of its kind filed in Roanoke since the General Assembly put some teeth in the city's historic district ordinances in 1992.

But as a test case, it has a potentially big hitch: The city inadvertently issued demolition permits to Powers' contractor only days before he tore the two buildings down.

"The city is particularly concerned with preservation of its historic districts," City Attorney Wilburn Dibling said Thursday. "Inappropriate demolition in these districts is prejudicial to the quality of life and the viability of the districts. We intend to protect our historic districts."

The lawsuit seeks penalties against Powers for the destruction of 319 and 323 N. Jefferson St. The two boarded-up houses stood around the corner from the Hotel Roanoke & Conference Center.

Powers applied for demolition permits for the homes in late 1995, before the Gainsboro historic district existed. The permits were approved, but he never picked them up because the city talked him out of tearing down the structures.

In February 1996, City Council created the historic district, the city's fourth. Demolitions in the districts are generally prohibited unless approval has been obtained from the Architectural Review Board.

Last March, contractors prepared to demolish the houses. The city intervened, telling Powers in writing that he couldn't demolish the structures until approval had been obtained from the ARB, Building Commissioner Ron Miller said in November. The work stopped, but Power never sought the board's approval.

In September, city building inspectors cited Powers for building code violations and ordered him to make exterior repairs to both buildings. Powers ignored those, Miller said, and was summoned to court Nov. 21. He asked for and was granted a continuance until Dec. 19.

But on Nov. 24, contractor Alan Amos appeared in the building commissioner's office and asked for the previously approved demolition permits. A clerk there reviewed the file and issued them without realizing the houses were in a historic district. The homes were knocked down Nov. 26.

Three days later, Amos told The Roanoke Times: "We got the permits. We got the permits just like they were supposed to have been gotten. If they were issued illegally, the city did it."

Dibling said Thursday that there is no "grandfather" clause attached to the demolition permits which gave Powers the right to tear down the houses. The permits, he said, require Powers to conform to all other applicable city laws, such as the historic district ordinances.

The buildings were assessed at a total of $19,000. The city code allows a judge to award up to twice that amount in damages if Powers is found to have violated the law.

Neither Powers nor his attorney could be reached for comment Thursday. In the past, Powers has declined to comment about the houses.

Evelyn Bethel, president of the Historic Gainsboro Preservation District Inc., welcomed news of the lawsuit.

"It's important to the entire city, because now people will realize the significance and the importance of a historic district," Bethel said. "It's a very serious and precious thing. People should be doing all they can to retain the character of these neighborhoods. Some of the very earliest pictures of Roanoke show those houses."

LENGTH: Medium:   81 lines
ILLUSTRATION: PHOTO:   STEPHANIE KLEIN-DAVIS  THE ROANOKE TIMES, FILE 1996 The
          two boarded-up houses at 319 and 323 N. Jefferson St. were knocked 
          down Nov. 26, 1996. The lawsuit is the first of its kind filed in 
          Roanoke since the General Assembly put teeth in the city's historic 
          district ordinances in 1992.   color
          2. map showing location of Gainsboro Historic District. STAFF