The city planning board last fall approved demolition of the building, a decision upheld by the city Board of Zoning Appeals. The decision was appealed by Evil Empire LLC, Ben Sutherly and the Troy Historic Preservation Alliance to county Common Pleas Court, where Judge Stacy Wall last month overturned the demolition order, saying the BZA did not follow city code requirements. Wall’s decision has been appealed to Ohio’s 2nd District Court of Appeals.
The building was among several in downtown Troy damaged by a January 2020 tornado. The sidewalk and parking places in front along Main Street were blocked off because of concerns about safety, including possible loose bricks at the top.
The city in summer 2021 had also served property maintenance orders on Kimmel, which were followed by the demolition permit request. When the appeal of the permit was filed, the city was advised by lawyers to defer enforcement pending the local judge’s decision, Patrick Titterington, city service and safety director, told City Council in an email this week.
With the judge’s decision, lawyers said updated property maintenance orders could be pursued, Titterington said.
A copy of the orders was obtained from the city late Friday afternoon.
Among areas of the building needing corrective action, according to the orders:
- Replace broken windows and otherwise make weather-tight;
- Replace missing bricks, and stabilize any loose bricks with tuck pointing or another approved method to allow for the opening of the sidewalk, as approved by the chief building official;
- Reinstall, repair or replace with appropriate material all trim, and detail work along the exterior;
- Exterior walls shall be free from holes, breaks or rotting material.