This is an appeal from an Order to Demolish of a commercial structure located at 5937 River Road.  The initial order was based on the determination that the onsite structure meet the criteria for demolition as set forth in Section 6-185 of the Code. City Council shall hear and consider all facts material to the appeal and may affirm, modify or reverse the Order to Demolish.  The matter shall be handled as a quasi-judicial proceeding.

Site Information:

The subject property is 0.75 acre located on the southwest corner of South Road and River Road, and lies in the AE10 flood zone.  The site contains an approximately 3,208 square foot commercial building comprised of a satellite teller office and drive-through that was built in 1973.

Order to Demolish:

On September 18, 2019, the structure was inspected and determined that the structure meets criteria for demolition, per City Code:

• Section 6-185(3) - The structure, or a portion thereof, as a result of decay, deterioration, or dilapidation is likely to fully or partially collapse.

• Section 6-185(4) - The condition of the structure, or a portion thereof, poses an immediate threat to life or     property by fire or other causes4

   

Appeal 

Under Section 6-190 of the Code, the owner or an ‘‘interested party" may appeal an Order to Demolish.   

•   On October 21, 2019, Mr. Frank Saccone submitted an appeal package along with the requisite $400.00 filing fee.   

Comments

The original appeal submittal from Mr. Saccone, did not include a Substantial Improvement Package.  When staff completed the package, the Substantial Improvement was at 54%.  He was informed that his total was over 50%.  Mr. Saccone, revised his submittal to demonstrate a significantly reduced improvement value based on a discount provided from the roofing company.  According to Substantial Improvement / Substantial Damage Desk Reference, Appendix D (Section 4.4.1), the total must include the actual value of materials & labor even if donated or discounted. Overall the Substantial Improvement Package is deficient due to the fact the ceiling repair has not been addressed in any of the proposals, which could be significant additional cost if the trusses are failing.