News Summary
Owners of a century-old building in Austin have filed a lawsuit against the city following the approval of a historic zoning designation for their property. The owners claim the designation diminishes the property’s value and was made without their consent. The building, which has been vacant for years, has been deemed a safety hazard, and restoration costs are estimated at $5.7 million. This case has broader implications for historic preservation efforts in Austin, potentially affecting future zoning designations.
Austin
What Happened
Owners of a century-old building located at East 12th and Comal streets in Austin have initiated a lawsuit against the city following the approval of a historic zoning designation for their property last year. The owners express their dissatisfaction with the city’s decision, claiming it was made against their wishes. The building, which has previously functioned as a barbershop and saloon, has been vacant for an extended period. Historical records indicate that the structure has been situated on the site since 1889.
The property owners sought a demolition permit after structural engineers determined that the building presented a safety hazard. They argue that the city’s historic designation came after years of neglect and a lack of proactive measures to maintain the property, which has been recognized as rundown for the better part of a decade. Restoration and preservation efforts are estimated to cost approximately $5.7 million.
Who Is Affected
The lawsuit directly affects the owners of the property, who claim that the historic designation significantly diminishes its value without any compensation. Additionally, surrounding stakeholders, including the local community and potential developers, are affected. The property is a critical part of East Austin’s heritage, notably in relation to the history of the Black community. A Dallas developer, Eureka Holdings, had previously aimed to demolish the building but has since faced scrutiny over its plans for preserving the historical significance of the area.
Moreover, a second historic zoning case concerns a house located at 900 Spence St., built in 1915. The property owner, DMP Austin LLC, has applied for a demolition permit while also opposing historic zoning. This house holds significance in representing early 20th-century residential development and reflects demographic changes in the Willow-Spence neighborhood, particularly concerning the Romo family’s long-term occupancy.
Official Response
City officials have stated that they have yet to be formally served the lawsuit but will review it thoroughly and respond as necessary. The city’s stance on the matter reflects its commitment to preserving properties of architectural and historical merit through the historic zoning process. The Austin Historic Landmark Commission had previously recommended landmark designation for the 12th and Comal property due to its historical relevance.
Preservation advocates, including Preservation Austin, have also weighed in, praising the building’s undeniable historical significance. They criticized the Dallas developer’s lack of a concrete plan to preserve the historical aspects of the Black community linked to East Austin.
Impact
The case raises considerable implications for historic preservation within the city. A successful lawsuit by the owners could lead to a precedent that undermines the city’s ability to impose historic zoning designations in the future. This could open doors for developers looking to demolish other properties of historical importance. In contrast, a ruling in favor of the city could bolster the preservation efforts and validate the historical significance attributed to such properties.
The ongoing discussions regarding the second property at 900 Spence St. also highlight concerns about balancing preservation with the need for new housing, as some Planning Commission members have expressed worries over the house’s structural integrity.
What’s Next
As the legal proceedings unfold, both parties will prepare for court hearings. The city will examine the lawsuit’s details and formulate an appropriate defensive strategy. Community stakeholders will likely remain engaged as discussions about the preservation of historical sites continue. Furthermore, the upcoming evaluations concerning the house at 900 Spence St. will also be closely monitored for their potential ramifications in the ongoing debate surrounding residential development and historic preservation in Austin.
As the city navigates its response to this lawsuit, the outcomes may shape policies around historic zoning for years to come, potentially influencing the preservation landscape of Austin’s historic neighborhoods.
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Additional Resources
- KVUE News
- Wikipedia: East Austin
- Austin Monitor
- Google Search: East Austin historic zoning
- The Austin Chronicle
- Google Scholar: historic zoning Austin
- Austin Monitor
- Encyclopedia Britannica: historic preservation
- KXAN
- Google News: East Austin history protection
