Wednesday, October 26, 2011
YOUNGSTOWN
A representative of a downtown building owner reluctantly agreed to change the exterior of a downtown building to comply with the city’s Design Review Committee code.
But Denise Powell, owner of the vacant building at 25 W. Federal St., doesn’t know when the change would be made and may not have the money for the work, Laura Arroyo, Powell’s construction manager, told The Vindicator shortly after Tuesday’s design- review meeting.
“I’m not sure if we can afford it,” Arroyo said. “We’re going to get it done.”
Arroyo added that she doesn’t know the cost of the work.
Powell, charged with violating the DRC code, had wanted to resolve this issue before her Nov. 2 court date on the violation.
Bill D’Avignon, DRC chairman and the city’s community-development agency director, said what happens in court is up to the magistrate handling the case.
“The option to fine her is still there as well as to grant a certain amount of time for the work to be done,” D’Avignon said.
Powell received permission from the DRC in September 2008 to use Hardie board, a hard fiber-cement siding, on the structure’s exterior. Instead, Powell waited until mid-June to do anything, and that was to install vinyl siding on most of the front of the building.
She was cited shortly thereafter for the minor misdemeanor. If found guilty, Powell could face a fine of $100 a day.
Arroyo said Powell wanted to keep the “commercial- grade” vinyl siding, but DRC members refused Tuesday to agree to that.
“The original design was approved with Hardee board, and vinyl siding was installed without approval,” said Phil Kidd, a committee member. “I won’t vote for vinyl siding.”
Another problem, DRC members said, is the vinyl siding wasn’t properly installed around the building’s windows.
Left with little choice, Arroyo agreed to have the vinyl siding removed and said Hardee board would be installed.
Even if this issue is resolved, Powell still could face legal issues with the city.
She received a $100,000 grant from the city in 2007 after promising to spend about $568,000 to purchase and improve the vacant building.
Powell bought the building for $191,000 in July 2007 and did some interior work though she needs to provide more-detailed documentation on the improvements made inside the building, city officials said.
If Powell can’t provide the paperwork, city officials say they want the money back.
Also, Scott Duko, an attorney for Kostas Velonis, who wants to open a night club at Powell’s building, said his client was told Hardee board and not vinyl siding would be on the structure’s exterior.
Powell hasn’t done much to improve the interior, Duko said. Velonis signed a lease in December 2010, but has made only two lease payments because work isn’t being done to the building, Duko said.
“I’m all for fining” Powell, Duko said. “The committee was very professional. Does it settle things? Actions speak much louder than words. We’re not negotiating anymore.”