After the demolitions were approved, and the appeal that Tobin Hill Community Association filed was rejected, the Cole properties were rezoned to Infill Development Zone (IDZ), so that townhouses could be built.
My husband, Rick Schell, is the chair person for Tobin Hill’s Zoning and Development Committee. He attended the zoning hearing on July 17, 2019. It was a very long hearing. He knew by that time that the houses were being demolished, and that the rezoning would most likely be approved, but he waited 7.5 hours in order to read the Committee’s statement into the record.
After the hearing, he sent this email to the District 1 Zoning Commissioner:
Sarah,
I want to take a moment to tell you I appreciate your thoughtful approach to the various cases yesterday. I spent a lot of time last night and this morning thinking about the Evergreen case, and my statement, and your questions. I thought a follow-up email was important, so you understand why I came to Zoning yesterday with what I did.
I know your purview is related strictly to the zoning associated with the case, as staff indicated in response to your question.
We never should have been in front of the Zoning Commission in the first place, looking at the requested change.
There was a failure to follow the processes the city created by both OHP and by the Councilman. It is true that OHP flat-out failed to present the case to city council. The rest of the council members could only rely on what our D1 councilman told them. It is true that he read from a prepared statement that was factually inaccurate (at best). OHP could have corrected the inaccuracies, but they chose not to do so. It is true the Mayor asked why the council was not briefed by OHP on the case. There was overwhelming community support for this designation to happen, and it was ignored. There was overwhelming evidence to support this designation, and it was ignored.
Here is the deal: Our Councilman was elected by the community to represent us, the community. Developers have an entire department within the city to represent them (Development Services). They have land-use attorneys to represent them. They have money to back them. They have people who are paid to make the time. We have volunteers who take time from their day to come out and speak. They take off work, they find child-care for their kids, they sacrifice personal and family life to come voice their thoughts to the Commissions and the City Council. The only tool we have as a community is the city processes. When those are not followed, or are ignored, or are arbitrarily applied, what recourse does the community have?
I waited for 7.5 hours yesterday so that I could take 2 minutes of time to directly confront the failure of some city departments in following the processes they created for the community. I don’t want you to think that I am just another too-loud voice, arguing the wrong thing in the wrong setting, clamoring to be heard. I realize that I did not address the zoning directly, but we don’t have another forum to address these issues. I would encourage you and the rest of our commissioners to take a more direct approach to listen to the community before the commission meetings. You are appointed as an extension of the council office, whose role is to represent the community at large, and not as an extension of city staff and development services.
I look forward to continuing to work with you, our D1 staff in all the various forms it takes, and the community at large, whether developer or homeowner, to continue to make D1 a great place to live.
Best,
Rick Schell THCA Zoning and Development Committee Chair
Tobin Hill is under fire, y’all. I’ve posted about it before: 14 demolition requests in the last 18 months.
Map courtesy OHP, showing demolition requests within the THCA boundary over the last 18 months.
There are a few ways to stop or slow a demolition.
One way is a large community outcry, such as what happened with 430 and 434 E. Magnolia (OHP stated that they had never received that much community input on a demolition case, that it was unprecedented).
Another way is submitting an application for finding of Historic Significance, and Landmark Designation with the City’s Office of Historic Preservation (OHP). This can often be a more effective way if the property in question has real historic significance.
307 and 311 E. Evergreen had both community support for their preservation, and substantial historic significance.
When Tobin Hill received the notification of a demolition request for these two houses on E. Evergreen, I posted the photos of the house with information provided by OHP to our social media pages, and I forwarded the request to Tobin Hill Community Association’s Historic Preservation Committee. THCA also met with Patrick Christensen, a local land use attorney, representing Imagine Homes who hoped to develop, but did not yet own, the properties.
When I posted the info on 307 and 311 E. Evergreen, now colloquially know as the Cole Houses, there was a huge outcry from the community, even extending beyond the borders of the Tobin Hill.
Let’s take a moment and talk about what I mean when I say, “huge outcry.”
The post was shared 64 times. 13,699 people saw the post. Between the comments on THCA’s Facebook page and other places it was shared, I compiled 75 comments asking for the preservation of these houses. So when OHP says 24 emails is “unprecedented,” and I tell you Evergreen has a “huge outcry,” you understand what I mean.
Many of the comments talk about the houses’ recent history as being used as a live music venue and recording studio. If you know Tobin Hill, you know music is an important part of our neighborhood’s culture. Additionally, one of the houses was the former offices of Mujeres Unidas, an HIV prevention and awareness non-profit.
Among the folks upset about the potential demolition of the Evergreen houses, was an archaeologist and historian that lives in the neighborhood, Stephen Fonzo. He agreed to assist THCA’s Historic Preservation Committee Chair, Ricki Kushner, in researching the houses pro bono. They discovered that in addition to the houses recent musical history, the house at 307 was the only home of Lt. Col. Robert G. Cole, WWII hero and recipient of the Medal of Honor. Robert G. Cole Junior and Senior High School are named for him (thus the nickname of Cole Houses).
Ricki and Stephen compiled a thorough Statement of Significance for each of the houses, and included letters of support from the North Saint Mary’s Business Association, the San Antonio Conservation Society, news clippings, photos, maps, emails, and statements of support from veterans. Together the packets on 307 and 311 E Evergreen are a combined total of 84 pages after review by OHP.
It is with this level of community support AND historically significant evidence that the Cole Houses went before HDRC for recommendation of Landmark designation.
The HDRC recommended approval at the April 17, 2019 hearing. However, because the Landmark designation was filed without the owner’s consent, THCA was told that it would have to go before City Council in June before continuing to the Zoning Commission.
On May 28, 2019 the Community Association received an email from Councilman Treviño’s office about the two pending cases in our neighborhood. Included in the communication was Patrick Christensen.
The email stated that Councilman Treviño was not going to support the designation of the Evergreen properties. His reason was that the Cole Houses are “on the commercial corner of the McCullough corridor.” However, the houses are NOT on the corner of McCullough; they are behind the Little Taco Factory and La Morenita Fruit Cups.
Location of 307 and 311 E Evergreen St.
All 84 pages of historical evidence were ignored. Instead, the Councilman focused solely on the location of the houses.
In addition to the blow of this email, when the case came before City Council on June 6, 2019, OHP failed to present the evidence of the Cole Houses historic significance, or give Council a briefing on the houses before the hearing.
At the City Council hearing, the mayor noted that the Council was not briefed on the houses, not once, but twice. Sadly, Council voted against the designation based on Councilman Treviño’s recommendation anyway. He stated that the houses “do not warrant landmark status.”
In the video below, you can hear Ricki Kushner and other citizens speak to City Council about this case. Councilman Treviño’s makes his statement at 15:50. The Mayor states that there was not a staff presentation on this case at 20:30. He repeats that statement at 21:40, where he also asks for more information on these houses, and states his discomfort with the decision being made without a briefing.
Normally that would be the end of things. Without the owner’s consent or Council’s blessing the case can not move forward. But THCA was not ready to give up after so much work.
Several members of THCA attended the June 24th HDRC Hearing and signed up to speak during Citizens To Be Heard. We implored the Commission to intercede, reminding them that although the Landmark Designation had failed, they houses could still be preserved as a Historic District, which only needs a minimum of two properties. We reminded them of the evidence to preserve these houses, and told them about OHP’s failure to present the evidence to Council. HDRC asked that the houses be added to the July 17, 2019 agenda.
Meanwhile, the owner had erected a fence around the properties, preparing to demolish them. THCA was ready with an appeal, in order to get a stop-work order on the demolition if needed. However, on June 25, 2019, the Development Services Department (DSD) confirmed that a hold was placed once again on the addresses due to being on the July 17th agenda.
Late in the afternoon on Friday July 12, OHP called THCA to let them know that they were lifting the hold, and that the demolition requests for the Cole Houses had been approved. THCA searched for permits, but none had been pulled yet. We vigilantly watched the houses over the weekend for any sign of illegal demolition. None occurred.
Tuesday morning, July 16, my husband, Rick, drove by the houses at about 7:50am. Demolition (deconstruction) had begun.
I called DSD at about 9:30 a.m. and they confirmed that there had not been any demolition permits issued for the addresses. We requested a stop-work order.
Rick immediately called the Councilman’s office and was told by Chrissy McCain that demolition permits had been approved. She also said that the structures were completely demolished by this point (about 9:35 a.m.), so if THCA was to file an appeal, it would likely fail because the properties were demolished. Further, she said that the Councilman had approved the salvage plan just that morning.
Alarmed, I drove to the Cole Houses, to find them still standing, though deconstruction of the interior was occurring. I checked DSD’s online permit portal, which now showed a permit for 311 E Evergreen, approved at 9:51am and paid for at 10:23am that morning.
We went to DSD and filed the appeal.
The appeal was received by Zenon (Zeke) Solis, who was really not sure what to do. He stated that they had never received an appeal on a demolition permit before. He went back to the offices several times to ask questions before taking my paperwork. He then took 19 minutes to copy the appeal, which was only 9 pages long. Another stop-work order was issued.
The next day, July 17, we received notice from DSD that our appeal was being withdrawn by DSD and that THCA would receive a refund. View the emails from DSD here:
The stop-work order has again been lifted. Deconstruction has resumed. The Cole Houses are being demolished.
We are left with many questions.
Why did Councilman Treviño state that the Cole Houses were on the corner of McCullough when they are not?
Why did his office include the developer’s attorney, Patrick Christensen, in the email prior to the Council hearing, but not the property owner?
Why didn’t OHP brief the Mayor and the Council on the 84 pages of evidence for Landmarking the houses?
Why did the Council proceed to vote, even after the mayor questioned this?
Why were the Cole Houses removed from the July 17th HDRC agenda, despite the commissioner’s request to evaluate them for a potential Historic District?
Why did the Councilman’s office preemptively discourage us from filing an appeal, even though it is within our rights to do so?
Why was the Councilman’s office giving permission for demolition instead of requiring that a permit be obtained though DSD prior to starting work?
Why did the Councilman’s office state that the houses had already been demolished before the demolition permits had been either filed or paid for?
Why did DSD refund THCA’s appeal and decide that it was not valid? – Is it not the role of the Board of Adjustment to decide if an appeal has merit?
