LOVELAND MAGAZINE

News and Events from the Loveland, Ohio Area

Without fear or favor
Since 2004

Tag: appeal

  • Demolition of historic home in Loveland’s Historic District under appeal

    Demolition of historic home in Loveland’s Historic District under appeal

    This story was updated on 10-17 and now includes the feasibility report of the house being restored that was submitted by John Hill.

    Loveland, Ohio – The demolition of a historic home in Loveland’s Historic District is under appeal by resident Deidre Hazelbaker. The home is at 200 Railroad Avenue. The Historic Preservation and Planning Commission voted on October 2 to allow John Hill, through his Infuse Holdings LLC to demolish the building with a history dating to at least 1915. The demolition request comes as part of a six-unit, 3-story apartment development Hill has proposed facing Loveland, Nisbet park along the Loveland Bike Trail.

    Hazelbaker  filed her appeal on October 4 to the Loveland Board of Zoning Appeals. Her appeal will be heard at City Hall on October 30 at 5:30 PM.

    The building at 200 Railroad Avenue, constructed on or before  1915, is designated a “Contributing” structure within Loveland’s historic district because it “holds significant historical value and is representative of the early 20th-century architecture typical of the area.” Any building constructed within the period of significance of the Historic Preservation and Planning District that contributes to its historic associations and architectural qualities qualifies for special consideration before a demolition permit can be considered.

    One of the reasons Hazelbaker cited in her appeal is that the, “…decision to approve the demolition did not include a comprehensive feasibility study to explore alternatives such as rehabilitation or adaptive reuse. Without a detailed analysis of potential preservation options, the decision to demolish was made prematurely and without fully understanding the preservation potential of this historic structure.”

    The appeal Hazelbaker filed continues by saying, “Granting this appeal and reversing the demolition decision would preserve the essential character of the neighborhood. The current structure, with its historical details and architectural elements, contributes to the visual appeal and heritage of Loveland. Its loss would alter the district’s character significantly and detract from the community’s identity.”

    The governing document of the Preservation Commissions states in its preamble, “Unfortunately, Loveland has lost a number of downtown buildings over the years; consequently it is imperative every effort is taken to preserve the remaining historic buildings to allow future generations to experience the character of Loveland’s rich history.”

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    BACKGROUND STORY

    Six, three-story apartments proposed adjacent to Nisbet Park on Loveland Bike Trail

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    Hazelbaker cites:

    • The building at 200 Railroad Avenue is listed as a “contributing” building within Loveland’s historic district. Built on or before 1915, this multi-family home shows early 20th-century architectural styles and reflects Loveland’s development as a railroad town. As noted in the June 26, 2024, meeting, the building’s historical value is documented and adds to the character and heritage of the district. Demolishing this building would remove a piece of Loveland’s history and could set a bad precedent for other historically important structures.

    • During the previous Commission meeting, many community members shared concerns that tearing down this building would disrupt the look and feel of Railroad Avenue. The proposed new construction does not fit in with the scale and style of the surrounding historic homes, which could hurt the overall feel of the district. Allowing this demolition would send the wrong message to future developers that upkeep and preservation don’t matter, leading to a slow loss of the district’s unique character.

    • The Commission did not present a thorough study exploring ways to fix or restore 200 Railroad Avenue. A study by an independent group could have offered clear options for repairing and preserving the building instead of tearing it down. Without this information, the decision to approve demolition was made too soon and without understanding the potential to save this historic property.

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    Below is the report John Hill submitted, intended to detail the condition of the structure and mechanical systems in relation to the feasibility of this house being restored to a habitable domicile that is current with modern building codes.

    Hazelbaker believes the Commission should undertake an independent and impartial review and not rely on one prepared by the person who wants the demolition to proceed.

    [pdf-embedder url=”https://lovelandmagazine.com/wp-content/uploads/2024/10/John-Hill-Report.pdf” title=”John Hill Report”]

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    The purpose of the Loveland Historic Preservation Regulations is to preserve, protect and perpetuate places, buildings, structures and other objects having special historical, community or aesthetic interest or value, all for the following reasons:

    • a) To safeguard the heritage of the City by preserving sites and structures which reflect elements of the City’s cultural, social, economic, political, archaeological history or architectural history;
    • b) To stabilize and improve property values;
    • c) To protect and enhance the City’s attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry;
    • d) To enhance the visual, aesthetic, historic character, diversity and interest of the City;
    • e) To foster civic pride in the beauty and notable accomplishments of the past;
    • f) To promote the use and preservation of historic and archaeological sites and structures for the education and general welfare of the people of the City;
    • g) To strengthen the economy of the City;
    • h) To take whatever steps as may be necessary to safeguard the property rights of the owners whose
      property is declared to be a Historic Structure or is located in the area designated as a Loveland Historic District, and act in an advisory role to city officials and departments of Loveland’s governmental system.
    • i) Review all certificates of appropriateness application as defined by the Secretary of the Interior’s Standards’ for Rehabilitation

    READ: HISTORIC PRESERVATION & PLANNING DISTRICT DESIGN REVIEW GUIDELINES

    The Historic Preservation and Planning Commission approves the appropriateness of the demolition, construction, preservation, restoration, and rehabilitation of any home, commercial structure, or new construction within the designated historic district.

  • In Ohio, you can fight public records battles with one click and $25

    In Ohio, you can fight public records battles with one click and $25

    Don’t be shy. Just the act of following through when government says “no” helps keep public officials on their toes.

    By Dennis Hetzel

    Dennis Hetzel 2018
    Dennis Hetzel is the Executive Director of the Ohio News Media Association and President of the Ohio Coalition for Open Government.

    Ohio’s state and local governments likely hold hundreds of records that might be important to you or your family.

    However, it’s not something you’ll ponder until you urgently need access to documents like birth records, police reports, property records, the minutes of your school board’s last meeting, or any of countless other records in the government’s possession.

    Most government officials are honorable and try to fulfill requests, but that’s not always the case. Sometimes there are legitimate differences of opinion. Sometimes, officials are obstinate and don’t want to supply a record for any number of reasons, including often spurious claims of attorney-client privilege or protecting trade secrets.

    Sometimes, officials are obstinate and don’t want to supply a record for any number of reasons, including often spurious claims of attorney-client privilege or protecting trade secrets.

    Until 2016, the playing field in Ohio tilted heavily in the government’s direction. It was easy for officials to say “no” – even when they should’ve said “yes.”  That’s because they knew that most citizens did not have the financial resources to file a lawsuit and go to court. That was the only available path in contrast to many other states that had developed easy, affordable ways to appeal a records denial.

    Actually, the playing field tilted even more than you might think. If you tried to represent yourself to save money, you were at a huge disadvantage versus government attorneys, many of them quite experienced and crafty in the nuances of Ohio’s public records laws. If you sued a state agency, it was you vs. the attorney general’s office.

    On top of that, it remains extremely difficult under Ohio law, even when you’re right and you win, to get attorney fees reimbursed, so your battle was a crusade that required a fat checkbook.

    In the old days, media outlets willingly took up a lot of battles. Today, with resources stretched thin, dollars are lacking for all but the most critical cases. Our Ohio Coalition for Open Government, of which I’m president, helps organizations and individuals in major cases, but OCOG’s total resources are less than $80,000. One or two protracted court battles would drain us to zero.

    The Ohio News Media Association spent several years telling legislators that it was time to do something.

    The Ohio News Media Association spent several years telling legislators that it was time to do something. Keith Faber, then president of the Ohio Senate, drew on his background as a mediator to suggest a unique-in-America process that just might be the best appeals process in the country.

    Now, for $25 and the time to fill out an online form on the Ohio Court of Claims website, you can appeal a denial. Some cases get resolved with a phone call. Mediation comes next, which can be done remotely so you don’t have to make a trip to Columbus. If mediation fails, you’ll get a ruling that has legal authority. Both sides still have appeal rights.

    The process – nearly two years old now – has worked beyond our expectations. I have a few favorite cases already.

    Now, for $25 and the time to fill out an online form on the Ohio Court of Claims website, you can appeal a denial.

    The top of my hit parade is Shaffer v. Budish, a case in which Cuyahoga County tried to block a reporter’s access to body camera footage in a jail incident by arguing, in part, that the camera revealed confidential “security and infrastructure” imagery.

    The reporter pointed out that the county had let a documentary crew into the jail to film the same allegedly secret area. The court said you can’t have it both ways, and most of what was requested had to be released.

    In Chernin v. Geauga County Park District, the park district tried to make the absurd argument that a letter with complaints and recommendations was not a “public record” under Ohio law even though the document was cited in a public meeting. The citizen got the record.

    What’s important is that citizens now have a fighting chance – no matter their resources or standing.

    Government agencies win their share of cases, too, and that’s appropriate. What’s important is that citizens now have a fighting chance – no matter their resources or standing.

    To check it out, go to https://ohiocourtofclaims.gov/ and click on the “public records” tab. If the information on that website doesn’t answer your questions, OCOG and the ACLU of Ohio both offer online resources to citizens. OCOG also has a legal hotline service for its supporters. (Go to www.ohioopengov.com.)

    Don’t be shy. Just the act of following through when government says “no” helps keep public officials on their toes.

    Loveland Magazine is a member of the Ohio News Media Association which was established in 1933 and is the trade association for more than 250 Ohio daily and weekly newspapers. Their membership includes, The Columbus Dispatch, Plain Dealer, Cincinnati Enquirer, Akron Beacon Journal, Dayton Daily News, and The Toledo Blade.
    In 2013, Loveland Magazine became the first “digital only member” of The Ohio Newspaper Association

    How to Make a Public Records Request to any government agency in Ohio, including your City Hall or School District

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