Metro Pulse/Citybeat/Fort Sanders demolition

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The city backs new zoning to protect Fort Sanders

by Matt Edens

"Mr. Shagan, nor any of his affiliated companies, have a valid demolition permit in the Fort Sanders Core area. Put bluntly, Mr. Shagan is not to be demolishing properties in the Fort Sanders core area of the National Register Historic District during the course of the application review for NC-1 designation." Strong words from City Deputy Law Director Mark Hartsoe in a letter accompanying a stop-work order issued to Fort Sanders landlord Robert Shagan—words that may be signaling a new get-tough initiative by the city to halt a spate of demolition in the historic neighborhood.

Shagan, who in recent months has demolished half a dozen houses adjacent to the Laurel Theater one block west, had informed tenants of the house at 1416 Clinch Ave. that they must vacate by April 13. Preservation advocates feared that Shagan was planning to demolish the house, and potentially others, before the conservation district proposed for Fort Sanders could be voted on. Last week, at the urging of Councilman Gary Underwood (who represents Fort Sanders), City Council passed an ordinance establishing a 180-day moratorium on demolition in Fort Sanders.

Shagan's response was to file suit against the city. Shagan's attorneys demand in the suit that he be permitted to "complete demolition of the house at 1416 Clinch Ave." The suit claims that on Feb. 9 "plaintiff received reassurance from Defendant's Law Department that said permit was in full force and effect." However, the attachment referred to fails to list 1416 Clinch among the properties with valid demo permits (all of which have also subsequently expired).

When informed of the inconsistency, Shagan's attorney Arthur Seymour Jr. insisted that the city had informed Shagan that the demo permit for 1416 was still valid: "It was at a later time, I think. There's been so much correspondence back and forth it's difficult to keep track." As for why the list failing to include the permit in question was attached as an exhibit in the lawsuit, Seymour's response was, "That may be mis-copied. I'll have to look at it."

Driving both the lawsuit and the city's moratorium is the recommendation from the Fort Sanders Forum that the neighborhood's "Core Area" (roughly everything east of 19th Street) be designated an NC-1 Neighborhood Conservation District. The NC-1 designation, while not as restrictive as an H-1 Historic Overlay, does make demolitions subject to approval by the Historic Zoning Commission and would establish design guidelines and architectural standards for new construction. If passed, the Conservation District would likely mean a reprieve for 1416 Clinch, a large gingerbread Victorian built in 1894 for state legislator and U.S. Marshall R.T. DeArmand, "one of the most fabulous houses in Fort Sanders," according to Historic Fort Sanders Neighborhood Association president Randall Deford.

The Forum's plan is to be presented to the Metropolitan Planning Commission on April 13. The correlation between that date and Shagan's eviction notices struck Deford as no coincidence: "It really does seem like he's holding that house hostage."

Others apparently agreed with Deford's assessment. "It became clear," says City Director of Administration Ellen Adcock, "that once the plan was developed, we needed to start the formal process for approval as soon as possible." Just how soon was illustrated by Shagan's eviction notices. "It was slated for the middle or end of the month, but Gary (Underwood) said the time was right and let's do this," says Adcock.

Deford is grateful for Underwood's support, but he also singles out Adcock and her work with the Fort Sanders Forum for praise. "She's the one that organized it and worked fervishly to make sure it actually worked," he says. Adcock, however, reserves credit for the Forum, a diverse group representing landlords, homeowners, renters, UT, both area hospitals, the chamber and the Public Building Authority.

From here the Historic Zoning Commission, MPC, and City Council must approve the Conservation District. However, the Forum's plan already enjoys the strong support of the city administration. In a statement urging MPC to adopt the plan, Deputy Mayor Gene Paterson said "this administration feels now is the time to move forward and protect the core of Fort Sanders by supporting this plan. An affirmative vote from each of you will do just that."

In the meantime, the city on Tuesday filed a countersuit against Shagan in Chancery Court, asking for a temporary injunction against any further demolition. Among other things, the suit says Shagan two years ago filed "misleading quitclaim deeds" that "incorrectly assert that the threatened historic properties have already been demolished." At the time, Shagan may have assumed no one would interfere with his plans for those properties, and Fort preservationists might have feared the same thing. Times have changed.