District: Bywater - Full Control
Owner: David Gregor
HDLC Staff: Michala Daniels
Rating: Contributing
Applicant: Irene Keil
Permit #: 25-09430-HDLC
Description: Retention of demolition of more than 50% of the roof and wall structures at a Contributing rated, one-story, single-family residential building in deviation of a Certificate of Appropriateness.
Retention Items:
Retention of Partial Roof and Exterior Wall Demolition: Approval with a Tier 3 fine
Fine Range: $17,708 to $26,430
Staff Recommendations:
FEMA survey research indicates the existing building was constructed sometime between 1920 and 1930, and it first appears on the 1937 Sanborn map. The building appears to have retained much of its original type, style, scale, massing, footprint, and roof form up until the time the renovation and camelback addition were reviewed previously. Additionally, it appears to have retained many of its original exterior architectural features. These include decorative wood fascia, wood brackets, a multi-light wood dormer, and wood windows. The building also preserved its wood entry door, narrow-exposure wood weatherboards, and tapered wood columns on rusticated masonry porch bases.
On June 19, 2017, a Certificate of Appropriateness (CofA) was issued for a renovation and new two-story camelback addition. The original permit approved 56% roof demolition and 59% exterior wall demolition. In January 2019, work commenced on the renovation and camelback addition. By October 2020, foundation piers for the rear camelback were installed on-site. However, progress appears to have stalled at this point, and no significant construction work followed.
On November 15, 2022, HDLC completed a site inspection and found the property to be in very poor condition and improperly protected from the elements. The building was cited for Demolition by Neglect (DbyN), which HDLC defines as neglecting maintenance to the point where structural stability or weatherproofing is compromised. The cited violations included missing, deteriorated, or compromised structural members, weatherboards, roof shingles, flashing, soffits, fascia, and masonry/stucco. In response, on December 19, 2022, the owner applied for a new CofA to address the DbyN violation conditions. However, this CofA was not issued because the applicant did not respond to requests for additional information.
On February 1, 2024, HDLC Plan Reviewer Chase Klugh met with the owners at the site to discuss the construction delays, the condition of the remaining historic building, and progress at the site moving forward. Because the owners explained that the neighbor dispute over termite-infested trees along the property line had been resolved, he agreed to grant a CofA extension under the condition that the work follows the original approved plans and that all measures are taken to ensure the stabilization and maintenance of the remaining historic building fragment.
Despite these extensions, an inspection on June 13, 2024, revealed no work had been done to address prior violations or to stabilize, protect, and preserve the remaining historic building from further deterioration. Additionally, the building appears to have deteriorated further due to the continued neglect and lack of preventative measures. The property was once again cited by HDLC for Demolition by Neglect, with additional violations including open, missing, or improperly boarded windows and due to the rear of the building being open to and susceptible to the elements.
HDLC Inspector Alex Nassar and Plan Reviewer Dennis Murphy met with the owners at the site on September 19, 2024 to evaluate the current conditions and to discuss the previous delays and the expectations moving forward. HDLC Staff reiterated their concerns about the continued deteriorating conditions of the remaining historic building and advised the owner to promptly complete basic remedial actions to protect the destabilized building and to arrest the continued deterioration of its historic fabric and exterior architectural features. The owner indicated that they planned to retain the remaining portion of building, would take action to address the deteriorating conditions, and to remain in better communication with HDLC Staff regarding construction delays, issues, and changes. However, HDLC Staff did not receive any correspondence from the applicant following this site visit.
On February 24, 2025, HDLC Inspector Alex Nassar posted a Stop Work Order at the property after it was observed that additional exterior wall demolition had been completed at the building without HDLC review or approval, and in deviation of the previously approved plans. The property was then cited for working without a CofA. The owner was then notified that this work is considered partial demolition and that additional full Commission approval for retention is required.
Despite multiple opportunities and generous time to address the violations and to secure and stabilize the building, the owners have repeatedly failed to act in a good faith manner. The owner’s prolonged neglect and continued lack of attention to protect and maintain the historic structure over the last eight years has directly resulted in the substantial deterioration of the building, loss of valuable interior and exterior historic building fabric and details, and will likely inevitably lead to the building becoming structurally compromised. Additionally, multiple HDLC Staff have consistently advocated for the maintenance and preservation of the historic building and have worked closely with the owners to work through construction delays when these issues have been communicated. Unfortunately, the current state of the building appears to be a direct results of the owner’s continued lack of maintenance and their lack of cooperation with Staff and the HDLC Design Guidelines.
Based on these factors, including the building’s prolonged neglect, repeated violations, and additional unauthorized work, and based on precedent demolitions of this scale, Staff recommends the Commission vote to approve the request for retention of the partial exterior wall and roof removal, and recommends the Commission levy a Tier 3 fine for this unpermitted demolition. Based on the current assessed building value of $176,200, the Tier 3 fine range is $17,708 to $26,430.
Case History:
04/17: CofA issued for demolition of two rear yard accessory structures on the site.
06/19/17: CofA issued for renovation and camelback including approximately 56% roof and 59% exterior wall demolition.
07/25/18: CofA s for accessory demolition and renovation/camelback addition re-issued.
01/19 : Renovation and camelback addition work commence at the building.
10/20: New rear camelback addition foundation piers installed.
11/15/22: HDLC completes progress site inspection and property is cited for Demolition by Neglect for items such as missing or deteriorated weatherboards, roof shingles, flashing, gutters/downspouts, masonry/stucco, and compromised structural members.
12/19/22: Application submitted to address cited DbyN violation items, however, CofA is not issued because applicant does not respond to request for additional information.
12/23/23: Application submitted (denied)
02/01/24: Chase Klugh conducts progress site inspection at building with owners.
02/07/24: Safety and Permits grants first permit extension until 8/12/2024.
03/21/24: HDLC reissues renovation and camelback addition CofA to allow applicant additional time to complete work.
06/13/24: Property cited for second Demolition by Neglect violation based on continuation of previous violation items as well as for the rear of the building being left open and exposed to the elements.
08/22/24: Safety and Permits grants second permit extension until 2/12/2025.
09/19/24: Alex Nassar & Dennis Murphy complete progress site inspection of building with owners.
02/24/25: Adjudication hearing notice posted. HDLC Inspector also observes that additional exterior wall demolition has been completed in deviation of the approved plans, and without additional HDLC review or approval.
02/25/25: HDLC cites property for working without a CofA based on additional partial demolition in excess of approved plans and CofA.
03/06/25: Owner found guilty at Adjudication hearing and fined.
03/26/25: Application for retention of demolition submitted.
16-27602-HDLC issued 6/19/17 for renovation and camelback addition
17-09822-HDLC issued for demolition of rear yard accessory structures
16-27602-HDLC re-issued under 18-24629-HDLC
Partial demolition for camelback addition begins (1 year, 6 months after issuance)
Foundation installation completed (3 years, 6 months after issuance)
22-06683-DBNNO violation #1 for Demolition by Neglect conditions
22-37454-HDLC for DbyN corrections not issued due to no applicant response
24-05314-DBNNO violation #2 for Demolition by Neglect conditions
25-03195-DBNNO violation cited for Demolition by Neglect conditions
Current site and building condition (7 years, 9 months after issuance)