Laserfiche WebLink
the City could repair the property and then seek the cost of repair from the <br />owner. Mrs. Dempsey said that basically was the receivership program, but the <br />City did not have the funds for this property. Commissioner Petrass inquired <br />if the unpaid debts would prevent the owner from building a new structure. <br />Mrs. Dempsey replied negatively. Mr. Kent inquired if the Commission could <br />prevent Dr. Klopfer from getting a building permit President Oxian explained <br />if the Commission denied a COA or if no COA was filed, the owner could not get <br />any permits. Mrs. DeRose said if the new construction appeared historically <br />appropriate, the Commission could incur a lawsuit if it denied a COA. Mr. Kent <br />inquired if the Internal Revenue Service Building was historically <br />appropriate. A discussion of the IRS Building ensued. Mr. Kent inquired if Dr. <br />Klopfer would be allowed to put the IRS structure on his lot. President Oxian <br />said he believed that would be considered inappropriate. Commissioner <br />Hostetler explained Dr. Klopfer could put whatever he wanted in a Queen Anne <br />style building. Mr. Andrew Greta, 1232 Lincolnway East noted there was nothing <br />to prevent Dr. Klopfer from putting in a clinic now if he got a COA. Mr. Greta <br />said he felt it was important to keep the issue of new construction separate <br />from the issue that was before the Commission which was the demolition of an <br />unsafe structure. Mr. Kent agreed with Mr. Greta that the structure needed to <br />come - down, but he was concerned what would be the consequence of the <br />Commission approving the demolition of the structure. President Oxian stated <br />if Dr. Klopfer's intention was to demolish the building by neglect and not <br />have to pay for the demolition until he tried to sell the property, he would <br />have accomplished that, and if Dr. Klopfer's intention was to build a bigger <br />building, he has accomplished that because if the current building is torn <br />down that opens the property up to any structure that is appropriate by <br />Commission standards. Commissioner Bullene noted the residual affect on <br />historic preservation was another lost structure and the Commission <br />demonstrating they had no recourse against demolition by neglect. Mr. Greta <br />agreed and elaborated that property owners could do what they wanted and the <br />Commission could do nothing to stop it. Mrs. DeRose disagreed. She said the <br />Commission has enacted standards that require a property owner to maintain <br />their property to certain standards. Mr. Greta inquired what the Commission <br />had done to resolve this problem. Mrs. DeRose replied the Commission had <br />obtained Dr. Klopfer's approval for repairs on the building and the Commission <br />took him at his word that he would make those repairs. She explained because <br />Dr. Klopfer did not keep his word, the Commission had come to this point. <br />Corrurtissioner Bullene inquired if any someone or some agency were willing to <br />put up the money, could the building be saved. Mrs. Dempsey replied that would <br />require about $200,000. Mr. Kent said he thought it was unrealistic to think <br />someone would invest that much money in a building they did not own and also <br />burdensome would be the lawsuits -that would likely follow any attempt at <br />receivership. Commissioner Hostetler inquired if members of the Historic <br />District could sue Dr. Klopfer. Mrs. DeRose noted she did not feel Dr. <br />Klopfer's threats of a lawsuit should be taken to seriously. She said his only- <br />basis for a lawsuit would be due process and she felt he had been due <br />processed more than adequately. She added that did not prevent him from filin- <br />a lawsuit and incurring expenses on whomever was at the other end of the <br />lawsuit, but she felt in terms of winning the lawsuit his chances were slim. <br />President Oxian discussed the receivership program and noted the owner could <br />not recover the house unless he paid out the receiver. Mr. Kent asked who <br />would finance repairs on a house the borrower did riot own. President Oxian <br />explained the bank would get it's money back even if the receivership fell <br />