Built in 1927

Built in 1927

Standing in the pouring rain, umbrella in hand, David Anderson nodded Friday to an empty, expansive lot where just last week the house his grandfather built nearly 90 years ago stood.

"My grandfather, Vance Anderson Sr., built this house in 1927," he said, surrounded by friends and neighbors who looked just as disappointed it's now gone.

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Building a brand-new home next to a really old one has challenges

"Louise and Allen Crowell have built more than 50 homes in and around Middle Tennessee in the past 25 years. They're hardly afraid of dealing with building codes, construction rules and landscaping guidelines in various neighborhoods.

Then they decided to build their own home in St. Elmo.

"It's a heck of a lot harder to build a house here than it has been in any place I've ever built a house," Allen says. "The other houses I've built only required two inspections -- electrical and septic tank."

Not so in St. Elmo. The rules of the Community Association of Historic St. Elmo committee dictate, among other things, what types of windows and doors you can have, what kind of fencing you can install, the proper style of gutters for your house and how to clean or repair your brick or masonry foundations and walls...."


by Karen Nazor Hill
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The School of Government at UNC Chapel Hill writes about the legal process of C.O.A.s and building permits

Stay What? Placing Development on Hold While Appeals Are Pending

"Controversy regarding a new house in a Raleigh historic district has garnered national and even international attention.  Work on the house came to an abrupt halt when permits for it were revoked.  A key element of the controversy – sparking outrage from the casual observer — is the fairness of having work on a nearly complete house halted.  A number of press reports characterized this as the board of adjustment (BOA) yanking the proverbial regulatory rug from underneath the owner.

The substantive question of whether this particular house design is appropriate for the site and procedural issues about the BOA review are now before the courts.  But what about the fairness of halting work so late in the construction process, after so much money has been sunk into the house?

Should construction on the house have been stopped immediately upon the appeal being filed?  Is the choice left to the owner to proceed after an appeal has been made?  Do the neighbors or the city have a role in making that choice?  Who bears the risks and costs of proceeding or halting development?  In short, how and when is development work or enforcement put on hold pending an appeal?"...

"Once a person appeals an interpretation to the BOA, the parties have notice that the original decision may be invalidated on review, but permittees are free to proceed at their own risk with the project unless an injunction or stay is issued..."

"If there is no injunction and substantial work proceeds while the appeal is pending, does that create any vested rights?  No.  If the development approval is subsequently revoked, none of the work done creates any statutory or common law vested rights.  That is true whether the original decision is reversed by the BOA or later by the courts.  A person who proceeds while an approval is being contested is doing so at their own financial and legal risk.  Godfrey v. Zoning Board of Adjustment, 317 N.C. 51, 64 n. 2, 344 S.E.2d 272, 280 n. 2 (1986)...."

KB Home breaks ground on new Oakwood North neighborhood - outside Raleigh's historic district - TBJ

It is nice to know that some builders do consider their surroundings when designing new construction..

"The seven, two-story home designs and elevations at Oakwood North will also be unique to the company, he says, so the community will better fit with the design of the existing homes around it, including adding additional stone or brick, shake siding and walk-up wooden front porches."
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