1924 Dauphine St.

(Under Previous Demolition Fine Ordinance)

District: Faubourg Marigny - Full Control

Owner: BDK Investments LLC

Rating: Significant

Applicant: BDK Investments LLC

Description: Retention of demolition of portions of existing brick-and-post exterior walls of a Significant rated, 1-1/2 story, two-family residential building in deviation of a Certificate of Appropriateness.

HDLC Guidelines:

Partial Exterior Wall Demolition & Replacement: Section 12, Pages 23-24 – Guidelines for New Construction, Additions and Demolition & Section 04, Page 2 – Guidelines for Exterior Maintenance

Retention Items:

Partial Exterior Wall Demolition & Replacement: Approval including a fine for the unpermitted demolition with proviso the applicant must submit full drawings and details before CofA is issued

Fine Range:

$1,000 to $10,000

Staff Recommendations:

FEMA survey and Sanborn map research indicates the existing Creole Cottage building was constructed between 1830 and 1840 and it first appears on the 1887 Sanborn map. The applicant originally received a CofA and building permit for the renovation of the existing building and non-original two-story rear dependency in 2020. This CofA was re-issued in May 2021 to allow for additional time to complete this work, per the applicant's request. On March 7, 2022, HDLC received a neighbor complaint that work at the property was exceeding the approved permits. HDLC completed a site inspection at the property with the permission of the owner and confirmed that a substantial amount of the existing historic brick-and-post exterior walls had been removed in deviation of the CofA. The HDLC Inspector did note at the time that visible wall framing, sills and foundations all showed substantial signs of termite damage and other long-term deterioration. However, the applicant did not document these conditions and did not contact HDLC Staff to review this additional scope of work. An HDLC Stop Work order was posted and the applicant subsequently submitted a supplemental structural renovation application to include this additional scope of work. However, the drawings provided did not include necessary information related to the portions of exterior wall already demolished, indication of other exterior walls that may also require replacement, lacked indication of stated structural work such as leveling of the foundation, and appeared to indicate that all existing historic brick-and-post exterior walls were proposed for replacement with new 2x4 timber framing. Several additional drawing resubmissions were provided, however, each was noted by Staff as lacking the specific information and clarifications requested previously. Eventually, the owner engaged a new architect to prepare the current drawings, which considerably improved the quality and clarity of the materials and the proposed scope of work. Following this submission, the applicant confirmed they intend to replace the existing walls in-kind to match the historic brick-and-post condition. However, since substantial portions of exterior wall have already been demolished, the applicant must first receive approval for retention. While the HDLC does not endorse the unpermitted demolition work completed at the site, Staff has confirmed the building walls and sills were likely severely deteriorated prior to removal and the applicant has worked extensively with Staff and has agreed to reconstruct the original historic wall condition. Based on this and the age and Significant rating of the existing building, Staff recommends approval of the retention request and recommends a fine be levied for this unpermitted demolition. Staff also recommends a proviso that the applicant must submit full and complete drawings and details, including means and methods, for this historic wall reconstruction work prior to issuance of the supplemental CofA. Because this demolition work was completed before August 1, 2022, the the application is subject to the previous fine structure of $1,000 to $10,000.

Case History:

08/21/2018: Application submitted for renovation of existing Creole Cottage and non-original two-story rear dependency structure.
05/27/2020: CofA issued for proposed scope of work.
11/11/2021: CofA reissued to allow for additional time to complete approved scope of work, per applicant request.
03/07/2022: Neighbor complaint received that work at property is exceeding permit approvals. HDLC conducts site inspection and verifies extensive exterior wall demolition was completed without approval. HDLC places a Stop Work order at property for working beyond scope approved on CofA and building permit.
03/16/2022: Supplemental structural renovation application submitted for work beyond previous HDLC and Safety and Permits approvals.
04/20/2022: Applicant submits updated drawings. Staff determines drawings are not sufficient for HDLC review as they do not reflect all demolition work already completed and do not include adequate information on how the exterior walls will be repaired and/or reconstructed.
07/29/2022: Applicant submits second set of updated drawings. Staff determines drawings are still not sufficient for HDLC review and advises applicant to revise them with specific information and notes for clarification.
08/22/2022: Applicant submits third set of updated drawings. Staff determines drawings are still not sufficient for HDLC review.
09/26/2022: Applicant submits updated foundation plan. Previous notes are highlighted, but no additional notes, details or clarification on proposed scope of work is included. Staff determines drawings are still not sufficient for HDLC review.
11/08/2022: Applicant engages new architect and submits updated set of drawings. Drawings include new information and clarification, however, they are determined insufficient for HDLC review as they do not clearly indicate areas of wall already demolished, additional wall areas which may require repair/replacement, and do not clearly indicate how the demolished walls will be rebuilt or replaced. HDLC Staff advises applicant to determine feasibility of replacement of brick-and-post walls in-kind rather than wholesale removal and replacement with new 2x4 wood framing.
12/22/2022: Applicant submits current set of updated drawings including dimensions for all areas of wall removal already completed.
01/18/2023: Applicant confirms their intention is to replace areas of demolished exterior wall in-kind to match the previous historic condition rather than requesting approval to replace these areas with new 2x4 wall framing. Application included on next available meeting agenda.