The order will be stayed if applicant Bart McCoy moves forwarding with probating the estate of his mother, who owned the house and died in 2004.
Once the property title is transferred to someone living, they can renew the painting application.
Commission member Alan Kappers, who is a lawyer, said he fears that by leaving the house in the estate, added repair orders by the city to McCoy will result in a response that he is not the legal owner.
The house was condemned by the Miami County Health Department in 2007 and is on a city demolition list.
The city tried to use federal Neighborhood Stabilization Program money to remove the house, but was told last fall by the Ohio Historic Preservation Office that it could not demolish the house without going through a lengthy mitigation effort.
The Preservation Office staff said they believed the house was eligible for National Historic Register listing due to its association with Stouder and its Prairie Style design known as Prairie Box.
Tim Davis, city planning and zoning manager, told the planning commission, that McCoy this spring gave the city a letter outlining a timeframe for work on the house.
In recent weeks, the painting was initiated without the required application for exterior work on a building in the city historic district. McCoy was told to stop and file the application, which occurred. Davis said he asked McCoy to attend the meeting when the application was discussed, but he did not attend.
Mayor Mike Beamish, who is a commission member, said McCoy “hasn’t complied with his own deadlines, (outlined in the letter to the city) let alone ones set years ago.”
Davis said later last week that although the state rejected demolition using state or federal dollars, the city could use local money for the demolition, if the planning commission approved the structure’s removal.
Over the years, the city filed several property maintenance violations in Municipal Court against the McCoys, who were fined.
Contact this reporter at nancykburr@aol.com or (937) 339-4371.
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