City Council overrules historic commission's decision

A Lynchburg couple facing a fine for painting their historic home received a pardon from City Council on Tuesday.

Council voted 6-0, with one absence, to overrule a prior decision from the Historic Preservation Commission, which found local homeowners Karen and Michael Owen to be in violation of the city’s historic district guidelines.

The Owens painted their brick home in the Rivermont Historic District over the summer without first getting a certificate of appropriateness from the HPC as required. Violating the historic district guidelines is a misdemeanor offense punishable by a fine of up to $1,000.

The family appealed the HPC ruling to City Council. Michael Owen told officials Tuesday that the brick of their circa-1941 home was mismatched and they felt the paint, which made it a uniform white, improved the look of the house.

“We’re very pleased with the way it turned out and we have signatures from several people who agree,” he said. “I don’t feel like what we did violated the integrity of the historic district.”

Another city resident, Annie Bowles, spoke on behalf of the family during a public hearing. Bowles, who lives near but not in the historic district, said the newly painted house was beautiful and asked council to show “some kindness.”

No one spoke in opposition of the appeal during the public hearing.

The Owens were aware beforehand that they needed permission to paint the brickwork of their house, but proceeded anyway. Councilman Michael Gillette, who made the motion to reverse the HPC, called the situation unfortunate but said council was being asked to evaluate the appropriateness of the work itself, not the way it came about.

“The only thing we’ve been asked is does this violate the historic district in some way that is unreasonable to let stand,” he said. “… I’m not prepared to say this violates the historic district or ruins the integrity of the neighborhood.”

In other news Tuesday:

- Lynchburg College was granted permission to set up its new doctorate in physical therapy program in a facility now occupied by Capps Shoe Company.

Capps Shoe Company, a manufacturer of military and uniform dress shoes, has entered into a lease-to-buy agreement with LC for its administrative headquarters building at 300 Monticello Ave.

LC hopes to open its new doctorate in physical therapy program there by fall 2010. The program, a partnership between LC and Centra, will be a first for the school and the Lynchburg area.

Capps Shoe Company plans to continue occupying the first floor of its building until LC is ready to purchase the site, which could be as soon as three years. At that time, the company will either move its headquarters to another Lynchburg spot or relocate its offices to its manufacturing plant in Gretna. Its preference would be to stay in Lynchburg, said owner Tom Capps.

Council voted unanimously to rezone the industrial site for its new use and grant LC a conditional use permit to operate there. Officials uniformly praised the new doctorate program as a welcome and needed addition to the community’s resources. They also noted the expansion of educational facilities in that neighborhood supports the 2005 Midtown Area Master Plan.

- The city attorney briefed council on the process of choosing an interim member to replace Councilman Scott Garrett after he departs for the House of Delegates.

Garrett said his current plans are to remain in local office until he is formally sworn in as the 23rd District delegate on Jan. 13. Officials debated whether they should begin the search for his temporary replacement immediately or defer the decision until they receive his official resignation.

The city attorney said council could forge ahead now if it prefers and even make an early decision about an appointee in order to allow that person time to prepare before taking the seat next year.

No immediate decisions were made Tuesday, partly in deference to Councilman Ceasor Johnson, who was away representing Lynchburg at the annual National League of Cities conference.