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Building commission upholds demolition order for 1200 Garland after owner says she will rehabilitate

2793599 · January 23, 2025
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Summary

The Building and Standards Commission voted to uphold a prior demolition order for the property at 1200 Garland, while allowing the new owner notification and the right to appeal. Neighbors and the buyer spoke during public comment; city staff cited code that prevents restoration of heavily deteriorated nonconforming structures.

The Building and Standards Commission voted to uphold its earlier demolition order for the structure at 1200 Garland, a commercial building in a mixed residential zoning district, after hearing from the property's new owner and several neighborhood residents.

The motion to stand behind the commission's original demolition order was made by Commissioner Tormund and seconded by Commissioner Giles; the motion passed and staff said the new owner would receive formal notice with instructions about the appeal process.

The commission record shows the property had previously been placed under a demolition order in August 2024 and demolition had been bid out; city staff said that process was halted after the prior owner reported she had not received notice because she was incarcerated. Director Susan (city staff) told the commission the previous owner conveyed the property to a new owner, Micah Castillo, who was advised the property was under demolition order and is a nonconforming commercial structure in a mixed residential zone.

Micah Castillo, who said she purchased the property less than two months ago, asked the commission for time to rehabilitate the building. "If you guys gave me the opportunity, I would love to fix that place up," Castillo said, adding that she and her husband have renovated other abandoned properties and that they had cleared brush and debris around the building since purchasing it.

Neighbors, including Sharon Spurlock, described the structure as an ongoing public-safety and nuisance problem. "We have homeless people. We have drugs. This building is right in my backyard, and it's really a hazard," Spurlock said, noting the structure had been condemned and abandoned for years. Council member Ava Harmon, who identified herself as the District 2 councilperson for the area containing the property, asked the commission not to reverse the original demolition decision and said the structure has been an eyesore and an "attractive nuisance" for more than 20 years.

City staff cited the local zoning code provision on nonconforming structures (Article 2 Division 3, Section 39.203-17) that allows restoration only if fire, explosion or an act of God destroyed 50% or less of the structure's pre-damage value. Staff said Anderson County appraisal district records list the assessed value of improvements at $1,000 and land at $5,870; staff also reported $121.12 in outstanding taxes. Staff and commissioners interpreted the condition and appraisal data as indicating the structure exceeds the 50% destruction threshold and therefore is not eligible for restoration under the code.

Castillo provided photographs and a brief written rehabilitation plan to staff and told the commission she was willing to do incremental work—starting with securing the building and repairing the roof—but said she would not invest in major repairs if the property were going to be demolished. Commissioners questioned the feasibility of phased, weekend-only work for what staff described as a heavily deteriorated structure.

After debate, Commissioner Tormund moved to uphold the prior demolition order; Commissioner Giles seconded. The motion carried. Staff said the owner will receive formal notice of the commission's action and that an appeal can be filed in court by the owner if she chooses.

Because the final determination rests on code thresholds and appraisal-based assessments, staff said any effort to reverse the demolition order would require a formal appeal to the appropriate tribunal and additional evidence regarding the structure's condition or a complete rehabilitation plan showing compliance with permit and licensed-contractor requirements.

The commission's action preserves the city’s previously issued demolition authority; staff will mail notices and outline appeal procedures to the property owner.