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Certificate of Appropriateness (COA) - 2025-02 Demolition of Single Family Home - 120 South Payne Street
presenter
Presenter: Rebecca Hart - City Planner
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Summary:
Fahad Shabbir of FAFA Properties, Inc has applied for a Certificate of Appropriateness (COA) to demolish a single-family home at 120 South Payne Street. The building is a one-story bungalow and is listed as a contributing structure in the 2013 Historic Inventory and Local Designation Report. The report estimates that the house was constructed in 1927 and describes the house as a one-store bungalow with a clipped-side-gable roof and a gabled front porch supported by square post; paired 4/1 sash, entry with sidelights, projecting hip-roofed bays on east and west elevations, enclosed rear porch, brick end and interior chimneys, and asbestos siding. Construction date is based on tax records and the house’s appearance. The house first appears on the 1929 Sanborn map and was occupied by Clarence V. and Lila Wood in 1941.
Code Enforcement staff has inspected the structure and found it severely deteriorated and in a dilapidated state. The proposed demolition activities will include removal of the structure in its entirety including all debris, at the full expense of the property owner. The applicant is not planning on rehabilitation or rebuilding the structure. A cost estimate to repair the home in 2019 was estimated to be $119,800. The total value of the property according to Davidson County Tax Department is $92,100. Staff has documented the size, location, elevations, and materials of the structures with photographs for record-keeping. According to the Historic Guidelines, partial or complete demolition or removal of any primary or accessory building of more than 50 years old requires a Major Works Certificate of Appropriateness.
In issuing Certificates of Appropriateness, the Board acts in a quasi-judicial manner, in the same manner it would as the Board of Adjustment issuing a variance or special use permit. Quasi-judicial means the Board will act essentially judicial in character but not within the judicial power or function as constitutionally defined. It possesses the right to hold hearings and issue COAs by declaring that a proposal is consistent with adopted design guidelines for the district. It also makes decisions in the general manner of courts (such as hearing testimony). COAs are issued through this quasi-judicial process in order to ensure against special changes to structures within the district being allowed without any criteria or standardization (favoritism). Issuance of a COA is based on the proposal being able to meet criteria already set out in the design guidelines. In addition, the Planning Board may attach fair and reasonable ad hoc conditions beyond the criteria, which support the proposal in being able to meet the design guidelines. The applicant must be given reasonable opportunity to consider and respond to any additional conditions prior to approval of the COA.
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Recommendation:
recommendation
Planning Board hold a hearing concerning approval of a Major Works Certificate of Appropriateness to Fahad Shabbir of FAFA Properties, Inc., to demolish a single family home located at 120 South Payne Street in accordance with the Application for Certificate of Appropriateness and attachments as submitted.
Planning Board approve, table, or deny the Major Works Certificate of Appropriateness to Fahad Shabbir of FAFA Properties, Inc., to demolish a single family home located at 120 South Payne Street in accordance with the Application for Certificate of Appropriateness and attachments as submitted.