116 W. Main St., Troy, and Randy Kimmel of Covington own the building.
The Planning Commission ruling was appealed by people attempting to save the building. Appeals were made first to the city Board of Zoning Appeals and then the Common Pleas Court. The appeals were filed by Evil Empire LLC, Ben Sutherly and the Troy Historic Preservation Alliance.
The property at 116 W. Main St., Troy, is known as the Tavern Building and the IOOF building.
A portion of the original building was an early county courthouse from 1841 into the 1880s. Those arguing to save the building pointed to the following as of historical significance: this courthouse was where every person of color had to go to register his or her intent to remain in the county until laws requiring the registration were repealed in 1849. Among those registering were former slaves known as the Randolph Freed People who settled near Piqua in the late 1840s.
The building owners said history would be documented through plaques and markers at the property, if demolition occurred.
Evil Empire and others claimed the demolition vote was not valid because the demolition standards outlined in city codes were not met.
Wall heard arguments in the case in June.
In her ruling, Wall found that the Board of Zoning Appeals approval of a Certificate of Appropriateness for demolition “was arbitrary and unreasonable.”
The BZA did not consider all mandatory requirements of the city zoning code including a requirement that a definite plan for the property reuse shall be submitted. None was submitted, Wall said.
“Because West Main (building owner) did not satisfy the Troy Zoning Code’s requirements, the BZA should have denied West Main’s application,” Wall ruled.
The judge agreed with the BZA finding that Sutherly, an area resident involved with the preservation alliance, did not have legal standing in the appeal.
Following the court’s ruling, the Preservation Alliance issued the following statement: “This is a landmark day for historic preservation in Troy, Ohio, and we are thrilled that the court carefully studied the facts in the case and recognized the flaws in the Board of Zoning Appeals’ decision. We call on the property owner, along with city and county officials, to come together with other stakeholders to repair the building’s parapet so the sidewalk can reopen, and to explore viable ways to repurpose this very historic site.”
Contact this contributing writer at nancykburr@aol.com
About the Author