By Reina Hardy
Special to Inside
The uproar started with a misdirected letter. On Sept. 5 of this year, by certified mail, Terry Childers was notified of an impending "excavation" at 823 W. Newport Ave. This letter would have been in compliance with Municipal Code Chapter 13-124-390, which requires the owners of demolition-slated buildings to notify the owners of the adjacent property, except that Childers no longer owned the adjacent property. He had sold it in 2002.
Childers is, however, a member of Newport Neighbors. He called the other members of the community activist group, who called Preservation Chicago. Together, they mobilized to protect 823 W. Newport: flyering the block, circulating a petition, and contacting Ald. Tom Tunney (44th). At press time, and due entirely to the efforts of these groups, no demolition permit has been issued.
Why so much fuss over a three-flat residence? 823 W. Newport Ave., a picturesque Queen Anne Style building from the late 19th century, is not a landmark. It does not even fall under the jurisdiction of the Demolition Delay Ordinance, which grants a 90 day hold on demolition permits for buildings rated "red" (of city, state or national significance) or "orange" (of local significance). But Preservation Chicago and Newport Neighbors contend that the "green" rated Newport building is an important part of a "pristine block," a street of century old buildings stretching from Halsted St. and extending past the el.
"It's kind of like a set of teeth," says Jonathan Fine, president of Preservation Chicago. "When someone flashes you a big smile, it doesn't matter that their teeth are pearly and white if one of them is missing. And this developer is going to punch one of the teeth out of this block."
This "pristine block" is a prime candidate for Historic District, a designation that the city contends is both protective of buildings and profitable for their owners, who can apply for tax deductions worth 15 percent of the value of their properties. The Landmarks Commission of Chicago is expected to review the Newport block on Nov. 6. If it is granted even preliminary Historic District status, all demolition will be put on hold. The developer and the preservationists are locked in a standoff, one racing to knock the Newport building down before November, the others struggling to delay until that watershed date.
The developer, who did not want his name used, feels that his rights as a property owner are being violated. More than a week after he had planned to start work, he still has no demolition permit. "We're doing a development that we've got a right to do, legally. It's an R5 zoned development on our property, 44 feet high. It's wrong that people are trying to interfere. We told the community that we would do a stone facade... but they have their own agenda, and they're not happy with that compromise, even though we don't have to compromise."
Newport Neighbors has been arguing that the owners of adjacent buildings were not properly notified, hoping that this will stall demolition. But there is evidence to the contrary. Michael Hagerty, the lawyer who handled the closing on 823 W. Newport Ave., is not involved in any legal action relating to this controversy. (The developer has retained a separate litigation lawyer.) He says that, in order to cover all bases, he sent certified letters to both the owners of 825 W. Newport Ave. that were listed on tax records, and the owners that were listed on the deeds.
The present owner of 825 Newport Ave. confirms that he received notification, both from the bank that holds the property in trust for him, and forwarded from Terry Childers. In fact, he contacted Hagerty about selling his own building to the same developer. But, perhaps because he got the letter through his bank, and not at his home, he was unable to recall precisely when he received it.
These details could prove crucial to the lawyers retained by the developer and by Newport Neighbors. Alicia Obando, at the Alderman's office, says that the city's attorney is also on the case. "We're trying to do everything that we can within the laws and regulations that exist. What those parameters are is really up to the lawyers to tell us." The alderman can, and did, place a 10-day hold on the permit, but that time is up, and the preservationists need other options.
Meanwhile, a short walk from the mounting bustle of Wrigleyville, flyers dot the stately doors of Montrose Ave. buildings. They are bright orange, the loudest color on a quiet street, and feature a portrait of the endangered building, under the phrase "Stop the Demolition." Towards the end of the block, 823 W. Newport itself stands empty, its steps covered with several days worth of take-out menus, waiting, one way or the other.
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