What a difference two weeks makes.  Earlier this month, a salvage company began removing architectural components of the Healy house at 2320 Colfax Avenue South in preparation for its demolition. The number of architectural items that came out of that house stunned even those of us who had never believed that nothing was left of Healy’s original 1893 house: fireplaces, doors, millwork, tiles, stained and leaded glass.  The items salvaged are now for sale on City Salvage & Antique’s web site, marketed for the exquisite art they are, worth a small fortune.

A subcontractor of City Salvage on December 5 reported: “They wisely got the glass out first. They were busy tonight removing the raised-panel cherry wainscoting from the entry hall and stairs. The oft-discussed original first floor front facade is in fact still there, hiding inside the enclosed porch. Bay windows and bow window side by side, both intact inside and out. They also found a covered ox-eye window on the north wall of the second floor.

All the large doorways communicating 2320’s entry hall, parlors and dining room, each of which had been filled in with drywall and cheap hollow interior doors [by owner Mike Crow], were found still to have 6′-wide, paneled sliding doors hanging intact in their pockets. The Healy signature tile floor uncovered in the vestibule is being removed, destined for re-purpose as a table top.”

These are all things that demolition proponents, including  the developer, the owner’s broker, and two preservation experts, claimed repeatedly weren’t there– before the neighborhood association, the Heritage Preservation Commission, the Minneapolis City Council, and, under oath, before District Court.

Photos and video taken on the second floor of 2320 last week and presented in District Court shows that owner Michael Crow gave misleading testimony, repeatedly claiming that the second and third floors were gutted in the reconstruction after the fire in 1991. The details revealed by the salvage operation show his claims to be false. Tom Dunn (real estate broker) of Terra Firma Commercial, the Lander Group (developer), Amy Lucas (historic preservation expert), and City Planner John Smoley all repeated this false testimony. Did they know it to be false or did they fail to do their due diligence?

Anders Christensen and Trilby Busch went on record 43 years ago (November 1981 Twin Cities Magazine article Legacy of a Master Builder) contending that 2320 Colfax is an important part of Healy’s architectural legacy. This claim was made long before the house was threatened with demolition.

In April of 2013, owner Michael Crow told the Minneapolis Heritage Preservation Commission that “everything on the second floor was completely gutted. . .There just isn’t much of the house left.”

Smoley repeated Crow’s misleading testimony: “The interior has been completely lost.” Lucas echoed this, saying, “I don’t know if any of you have been in the house but when it burned, the second and third floors burned completely. So they were rebuilt as small rooms upstairs, so there are sheet rock walls and metal doors.” Dunn summed up these comments with, “There just really isn’t anything worth saving in the building.” Despite these assertions, the HPC declared 2320 an “historic resource.” In May of 2013, the City Council upheld this decision.

However, after the 2013 election, Michael Crow came back to City Hall singing the same tune, but this time to more receptive ears. In March 2014 on a motion by chair Lisa Bender, the Zoning and Planning Committee granted Crow a demolition permit for an historic resource.

Last May, the Healy Project filed suit in District Court to stop the demolition of this historic resource. The case never made it to the trial stage. The Healy Project failed to get a temporary restraining order (TRO) in large part because Crow, Dunn, Smoley, and Lucas once again repeated the false claims initiated by Michael Crow. Since then, the suit has remained on the docket, minus an injunction against demolition.

After the recent revelation that the vast majority of the interior and exterior of the house was intact, the Healy Project decided to revisit the lawsuit. On Friday, December 19th, attorney Erik Hansen appeared in District Court before the Hon. Frank Magill, Jr. to request a TRO, based on the documented revelations of the salvage operation.

Bethany Gladhill, a credentialed expert on historic preservation, testified that in her professional opinion 2320 would be eligible for listing in the National Register of Historic Places, especially if it were included in a Multiple Property Listing of Healy houses in Lowry Hill East. She called 2320 a “transitional” Healy house, in fact, the “lynchpin” in that  transition of designs. In her opinion, 2320 has strong integrity of place, of workmanship, and of materials. She respectfully disagreed with several of the findings and the conclusion of Amy Lucas’s report.

Michael Crow’s attorney Steven Harris said the closing between Michael Lander’s development company and Crow is set for Tuesday. It will be Michael Lander’s responsibility to demolish 2320 and the neighboring house at 2316. Crow will receive $950,000 for both properties; Harris requested a bond in that amount if the TRO is granted. A ruling is expected on Monday, December 22nd.

Did Crow lie to his attorney, or did his attorney lie to the judge in expectation of getting a $950k bond in case the judge issued the TRO? Or is there another explanation of these conflicting reports? Did the closing actually take place on the 22nd? Inquiring minds want to know. T.B.]

The next two posts provide detailed documentation of the series of misrepresentations in the testimony of Crow, Dunn, Lucas, Smoley, and the Lander Group throughout the two-year-long series of hearings regarding 2320 Colfax.

“There is only a negligible amount of original trim inside, which is really not worth saving, there’s nothing special about it.” Tom Dunne, President, Terra Firma Commercial, Real Estate Services
“Fires in 1991 and 2011 have left very little interior fabric.” Amy Lucas, Principal, Landscape Research
“Over 75% of the original materials in the home have been replaced due to extensive fires and insensitive remodeling.” Lander Group Development Team, submitted by Collage Architects.

If the above evidence doesn’t convince you that this whole process was poisoned from the start, here are some more statements presented to decision-making bodies, courtesy of Brian Finstad:

“There is not one single room that is in its original state. The only two rooms that are the most intact in the entire building are the foyer or entry and the original living room with fireplace.”
– Mike Crow – Colfax Addendum – 8 Jan 2014

“Besides some wood door frames there is little original fabric at the interior.”
– Amy Lucas, Landscape Research – Report to Pete Keely – 14 Dec 2012

“The interior has been completely lost with the rooming house conversion and fire repairs.”
– Amy Lucas, Landscape Research – Report to Pete Keely – 14 Dec 2012

“Fires in 1991 and 2011 have left little interior fabric . The second and third floors have been completely rebuilt”
– Amy Lucas, Landscape Research – Report to Pete Keely – 14 Dec 2012

“As is common knowledge, the property has endured a number of fires throughout its history with the last fire essentially removing the upper two floors.”
– Assessment of Economic Feasibility of Rehabilitation – Tom Dunn, Terra Firma Commercial – undated

“There is only a negligible amount of original trim inside, which is really not worth saving, there’s nothing special about it. There is one noteworthy concave window on the north side that will be saved, along with a fire place and whatever else there is of value.”
– Assessment of Economic Feasibility of Rehabilitation – Tom Dunn, Terra Firma Commercial – undated

“… the home is nothing close to the original construction. Over 75% of the original materials in the home have been replaced due to extensive fires, and insensitive remodeling.”
– Letter to HPC – Lander Group Development Team; Collage Architects – 17 Feb 2014

“Nearly all of the construction above the first floor and most of the first floor are not Healy constructed components as these have all been replaced… The second and third floors of the structure were gutted down to the studs… nearly all architectural integrity was removed from these two floors …over 70% of the first floor was changed.”
– Letter to HPC – Lander Group Development Team; Collage Architects – 17 Feb 2014

“Fire has gutted the top two floors. Approximately 600 sq.ft. of the total interior has any remains close to the original… There is a fireplace covered with newer construction.”
– Letter to HPC – Lander Group Development Team; Collage Architects – 17 Feb 2014

“The developer will take steps toward preservation. A full photo-documentation of the property interior and exterior will be completed.”
– Letter to HPC – Lander Group Development Team; Collage Architects – 17 Feb 2014

“The second and third floors were burned and the 1992 rehabilitation removed flooring, walls and doors. The plan of the upper floors was also changed during the renovation.”– Historic Evaluation – Amy Lucas, Landscape Research – Mar 2014

Update: On 12/31/2014 KSTP-TV aired a story on 2320 Colfax, featuring an interview with Anders Christensen. To view the story, click here.

–T.B., C.A.C.

 

On this day that celebrates Planet Earth, residents of our beautiful planet are urged to conserve dwindling resources by recycling everything from plastic bottles to buildings. The “Zero Waste” initiative of the City of Minneapolis similarly encourages citizens to conserve resources:

“Zero Heroes strive to have Zero Waste. They do this by working to first prevent waste, and then by recycling all they can of the waste that remains.  To lower this amount of waste we need to take a step beyond recycling: waste prevention. Waste prevention is reducing the amount of waste and the toxicity of waste. Waste prevention saves natural resources, energy, and may even save you money.” City of Minneapolis Web Site

However, while the City Solid Waste and Recycling Department is urging citizens to compost and recycle bottles and papers, the City Planning department has been facilitating the demolition of an historic house–which will send 180+ tons of materials to the landfill.  This  disconnect between saying and doing shows a gobsmacking hypocrisy: Citizens recycle while the City cancels out their efforts by a thousandfold in the demolition of one house.

“The facts are in – no matter how much green technology is employed, any new building represents a new impact on the environment.It makes no sense for us to recycle newspapers, bottles, and cans while we’re throwing away entire buildings and neighborhoods.It’s fiscally irresponsible and entirely unsustainable.”Jerri Hollan, FAIA

“Zero Waste” makes zero sense when the City shows blatant contempt for the most important piece of sustainability–recycling existing buildings.  City Planning sent staffer John Smoley to the HPC twice to argue for its “save only the best buildings in the best neighborhoods” policy–and twice, after vigorous debate, the HPC affirmed that that the Orth House, 2320 Colfax Ave. S. is historic and should be placed under interim protection while a designation study is completed.  But when the owner’s appeal to demolish was heard before the City Zoning and Planning, CM Lisa Bender, taking the unsupported testimony of the appellants as fact, declared that no viable alternatives existed to wrecking the house, and made a motion to overturn the HPC’s decision. The motion passed with no debate.

“By 2030, we will have demolished and replaced nearly 1/3 of our current building stock, creating enough debris to fill 2,500 NFL stadiums. How much energy does this represent? [E]nough to power California (the 10th largest economy in the world) for 10 years. By contrast, if we rehabilitate just 10% of these buildings, we could power New York for over a year.”UrbDeZine SanFrancisco

The hypocrisy of the City regarding recycling would be laughable if it weren’t so appalling. Minneapolis needs to start practicing what it preaches. Citizens recycling cans and bottles is wasted effort if the government is not encouraging the recycling of buildings.

Don’t jive us, City of Minneapolis. Be a Zero Hero and affirm your alleged commitment to Zero Waste. Allow the historic Orth House to be recycled.  The Greenest Building is the one standing. 

Demand that Minneapolis, the “Zero Waste” City, allow the ordered designation study for the historic Orth House to be done.

Last week the Minneapolis Zoning and Planning Committee, after listening to an hour of testimony, voted on a motion from CM Bender (Ward 10) to approve the owner’s appeal to demolish the Orth House, 2320 Colfax Ave. S. Lisa Goodman (Ward 7) was the lone dissenter. This vote overturned the decision of the Heritage Preservation Commission to allow the house interim protection (180 days) while a designation study is done. CM Bender must be called to account.

Last year the HPC declared the house to be an “historic resource” and the City Council unanimously upheld this decision. The owner, Michael Crow, and developer, Michael Lander, came back to the HPC this year, saying a designation study hadn’t been done and asking again for a permit to demolish an historic resource. The HPC reaffirmed their previous decision, and ordered a study.

Why wasn’t a designation study done? So far, we have no answer. The issue before the City Council is whether or not viable alternatives to demolition exist for the house. Ignoring the testimony of experts like architect John Cuningham (whose firm did the Uptown small area plan) and structural specialist John Jepsen, who both examined the house inside and out, CM Bender based her opinion on the testimony of those who would reap substantial financial gain from the house’s demolition: the owner, his broker, and the developer.

CM Bender declared that it is not feasible to rehab the house as a single-family home. No one testifying suggested that option, focusing instead on the need for affordable multi-family housing in the city. The owner, Michael Crow, declared that he has spent $250k on improvements to the house. City inspections records show that he spent less than $24k. Last year Crow’s broker, Tom Dunne, when asked directly if he marketed the property on residential MLS, said yes, but admitted this year that he has not. Is the Minneapolis City Council simply going to accept the claims of the owner and broker as fact? Shouldn’t all allegations by appellants be fact-checked by the City?

The City Council should not be taking the word of the owner or developer, or anyone else, on faith. Unless the designation study is done, we have no way of knowing who is giving an accurate, fact-based assessment of the house. Since the vote last year, nothing has changed with the condition of the house or the City ordinances governing historic resources. Ask the CMs on Z&P who voted to grant the house protection last year to justify their change of position (Kevin Reich 1, Barbara Johnson 4). Ask the other CMs who voted last year to follow correct procedure and allow the designation study to go forward (Cam Gordon 2, Elizabeth Glidden 8, John Quincy 11). Copy Mayor Betsy Hodges, who served as CM Ward 13 last year. Ask the new CMs to let the study proceed. Send an e-mail to CM Goodman, thanking her for her support.
Let the City Council’s decision about the Orth House be based on verifiable facts, not the appellants’ unsupported allegations.
The full vote of the City Council on this motion will be held, without public hearing, on Friday, April 25th, at 9:30.
Contact city council members NOW and ask that the City follow correct procedure and allow the designation study to be done. Keep your message short and to the point. Request a response. For a list of current Council members, see http://www.ci.minneapolis.mn.us/council/
_________________________________________________________
What the facts are:

Re: Sustainability. While the City is touting its “Zero-Waste” initiative, City Council is heading towards approving the demolition of a sound, historic house, sending 180+ tons of materials to the landfill. The City and the developer are using “trickle-down” sustainability, putting the responsibility on the project’s residents, who are expected to sell their cars, bike, use public transportation, and recycle.

Re: Density. The developer claims that his so-called “Eco-flats” will provide needed density on transit hubs, a goal of the City Planning Dept. Density and transit hubs already exist in the Wedge. These amenities are there now, new development or not. The population of the Wedge is being increased by 47% by new development along the Greenway. How much density can the neighborhood absorb?
Re: Neighborhood support. The Lowry Hill East Neighborhood Association does not support the Lander development. A motion to approve the project did not pass the board. A survey of e-mails to the City regarding this issue shows overwhelming support for the house by residents with addresses in the Wedge.
Re: Affordability. Rent in new buildings, to be economically feasible for the developer, must be set at market rate or higher. The 1,800 new units in the Wedge are luxury housing. The Lander project will bring more gentrification, marketing to affluent white people. The affordable housing is the existing houses and apartments, not new construction. A perfect site for an apartment project is available at Franklin and Park. Why doesn’t the City urge Lander to build there, rather than facilitating the wrecking of an historic resource?
Re: Preservation. As noted in the 1981 article in Twin Cities magazine, 2320 Colfax is the transitional design in the career of celebrated master builder Theron Potter Healy. The Heritage Preservation Commission determined that the house is an historic resource. But the City thinks historic houses are worth saving only if they are in “good” neighborhoods. As CM Goodman observed, “This house will see an untimely death as a result of its location. If this was in Lowry Hill or Kenwood we would not be having this conversation.”

STOP DEMOLITION
Ask CMs to pay attention to the presentation of these facts at Z&P last week. Demand that the City follow protocol and allow the study ordered by the HPC to be completed.

Council Members by Ward:

1. kevin.reich@minneapolismn.gov, 2. cam.gordon@minneapolismn.gov, 3.jacob.frey@minneapolismn.gov, 4. barbara.johnson@minneapolismn.gov, 5.blong.yang@minneapolismn.gov, 6.abdi.warsame@minneapolismn.gov, 8.elizabeth.glidden@minneapolismn.gov, 9.alondra.cano@minneapolismn.gov, 10.lisa.bender@minneapolismn.gov,11. john.quincy@minneapolismn.gov, 12.andrew.johnson@minneapolismn.gov, 13. linea.palisano@minneapolismn.gov

Thank Lisa Goodman for her support 7.lisa.goodman@minneapolismn.gov

This Healy house, a design descendant of the Orth House, is on Lowry Hill.

The Orth House, 2320 Colfax Avenue South