Franklin Wright, President of PHW, reports on the offer of sale provision of historic properties as they pertain to the Kent Street demolition requests:
For immediate release—December 5, 2007
Contact: Franklin Wright/PHW President
Special Preservation Notice
Franklin Wright, President of PHW, reports on the offer of sale provision of historic properties as they pertain to the Kent Street demolition requests:
The city ordinance (which can be accessed at the city’s website at winchesterva.gov, Zoning Ordinance, Chapter 14) DOES recite the standards for the appropriateness of demolition of old buildings w/in the District (Sec. 14-6-2), and the BAR applied these standards and concluded it was NOT appropriate to demolish them (except as to 408 S. Kent). The City Council, on appeal (under Sec. 14-9-1.3) was to apply the same standards, yet came to the opposite conclusion. The Council’s decision may be appealed to the Circuit Court.
The bona fide offer to sell is a provision of the Code of Virginia (Sec. 15.2-2306) that permits an owner of a historic structure to demolish it REGARDLESS of a BAR, Council, or Circuit Court determination IF the owner has made a bona fide offer to sell the property AT A PRICE REASONABLY RELATED TO ITS FAIR MARKET VALUE for the period of time specified in the statute (essentially a year). Rose Foundation sought to take advantage of this avenue, and gave notice, as is required in the Winchester Ordinance, to the Zoning Administrator that the properties were being offered for sale (for $600,000). When we learned by chance of this maneuver, we gathered and submitted, as provided for by the ordinance, petitions by more than 25 owners of property within the District challenging whether the offer price was reasonably related to the fair market value of the properties; the Zoning Administrator is then to have three independent appraisers appointed to render an opinion – with the cost to be borne by the city and the owner.
As reported in the Star, the owner “withdrew” the properties from the market and is not at this time pursuing this avenue, waiting to see if an appeal of the Council’s decision will be filed. The fellow who filed the notice of the “bona fide offer” concedes the offer price bore no relation to the fair market value of the properties.