Pickle Mansion ruling burns preservationists: Board says it can't demand restoration of Victorian house

A ruling from the Better Building Board on Thursday has preservation advocates saying the board stifled necessary debate and did not properly interpret the city's "demolition by neglect" ordinance. 

At issue was the historic Pickle Mansion, a fire-damaged 1889 Victorian house that the board called "a residential icon" for the Fort Sanders neighborhood. 

The mansion, built by state Attorney General George Pickle, had its roof entirely burned and the upper floor damaged in a fire in June 2003. 

Preservationists and other community members hoped the board would uphold the city's finding, issued in April, requiring the owners to stabilize the house to prevent further damage. 

While finding that the owners, Westover Associates, "clearly violated their obligation under the ordinance to stabilize the site," the board referred that issue to the City of Knoxville Law Department for assurance that the ordinance is applicable when "the destruction cause was by a catastrophic fire." 

The Pickle Mansion is the first property to be considered under the "demolition by neglect" ordinance, which passed City Council in December 2003. 

The board ruled that restoration costs exceed the house's tax-appraised value of $111,000, and thus the board cannot require the owners to undertake repairs. In addition, repairs would impose an economic hardship on the owners, the board said. 

Rachel Craig, a board member of Knox Heritage, a preservation group, said she was "most disappointed in the process" by which the board made its decision. 

Before the vote, building board member Matt Edens said he believed the board was not using the relevant cost estimates. 

Edens explained that his reading of the ordinance required using the cost of stabilizing the building rather than the cost of full restoration. 

The difference in the two numbers is substantial. The board listed the cost of restoration to be between $1.6 million and $2 million, while stabilizing the building was estimated at $50,000 to $100,000. The owners' architect and engineer provided both estimates. 

The board's summary of the case had not included the much lower cost of stabilizing the building. Though the board approved the summary shortly after its reading, Edens asked to add the lower estimate, which the board then approved by retaking its voice vote. 

Edens' concern over possible misinterpretation of the ordinance was what particularly upset Craig and Knox Heritage executive director Kim Trent. 

When Edens asked if his interpretation was correct, board chair John Bynon responded, "I don't think so," and told Edens he could appeal his ruling. 

Trent then asked to read a relevant section of the ordinance, but Bynon continued the board's proceedings and took a vote. 

Edens, who afterward said his concerns were not addressed prior to the vote, was the lone "no" heard from the board's four members. 

According to section nine of the ordinance, repairs that may be required by any final notice or final order "shall be limited to such repairs as are reasonably necessary to stabilize and prevent further demolition by neglect" and "shall not include complete restoration" of the building. 

Trent also questioned whether the owners had made diligent efforts to sell the building, as she said an offer on the building was rejected without counteroffer. 

Arthur Seymour Jr., who represented Westover Associates, said the purchase price in the offer was "unsatisfactory" to the owners, and that the offer asked for a trial period to assess unknown building damage, after which the potential buyer had the option to withdraw the offer. 

The board called up Mayor Bill Haslam "to use his 'good offices' " to facilitate a resolution, and asked for a progress report in 180 days. 

While Seymour said he believed the board clearly followed the ordinance, disagreement over the decision continued outside the meeting room well after the board made its ruling. 

Edens said after the meeting that there would have been "less hard feelings in the room" if more debate had been allowed. 

Knox Heritage intends to appeal the decision, Trent said, if the group has legal standing to do so. 

Dan Galindo can be reached at 342-6397.

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