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Appeals board reverses certificate of remediation, remands Fugate Street demolition case to HAHC
Summary
The Historic Preservation Appeals Board on Aug. 25 reversed a Certificate of Remediation (COR) that labeled the post‑collapse demolition at 1138 Fugate Street an illegal demolition, and remanded the matter to the Houston Archaeological and Historical Commission for further review of a new COA for future construction.
The Historic Preservation Appeals Board voted 3–1 on Aug. 25 to overturn a COR issued by the Houston Archaeological and Historical Commission and remand the case concerning 1138 Fugate Street to the HAHC for further consideration.
The item centers on a house in the Norhill (North Hill) Historic District that partially collapsed during renovation earlier this year and was subsequently demolished to the foundation. City inspections and permitting staff issued a demolition permit on June 24, 2025, allowing demolition to the existing foundation, and staff advised the owner to apply for a COA for any new construction.
Attorney Keith Rhymes, representing the property owner, argued the COR and the HAHC’s reliance on Section 33-203 of the preservation code were incorrect. Rhymes said his clients were renovating under an existing COA when the collapse occurred and that the city had coordinated inspections and “determined that it is best for you all to demolish the residence down to the foundation.” He asked the appeals board to issue a COA without conditions.
Owner and contractor Kevin Simmons described construction conditions and said crews had been working on the property on the day the roof failed. Simmons said post-collapse inspection revealed multiple layers of roofing—“four layers of shingles on top of it with the original cedar shingles”—that added weight and contributed to the failure. He told the board the team followed guidance from staff and had been instructed to remove and (initially) hold salvageable brick.
Norhill Neighborhood Association vice president Virginia Kelsey said the association had worked with the owner on design issues but contended the contractor removed historic materials—including shiplap and original brick—and failed to shore the structure adequately, which she said endangered the building and led to demolition. Pete Stockton, who inspected the site, testified the photographs showed “little to no lateral or shear bracing” and that the collapse was consistent with inadequate temporary bracing during renovation.
Terrence Jackson of the Houston Planning and Development Department confirmed staff coordinated inspections and permitting and that staff and inspections determined demolition to the foundation was necessary for public safety. Jackson said a COA for new construction has been invited and that HAHC had issued a COR at its July 17 meeting along with conditions including revoking a previously approved COA and requiring any new construction to comply with preservation ordinances.
After extended discussion about whether Section 33-203 (enforcement and penalties) applied to a post-collapse, city-ordered demolition, Commissioner Truman Edmondster moved to overturn the HAHC’s COR and remand the matter to HAHC for consideration of a new COA; Rob Hellyer seconded. The board approved the motion with Edmondster, Hellyer and Libby Viera Bland voting yes and Chair JD Bartel voting no.
The appeals board’s action removes the COR designation issued by HAHC but sends the case back to HAHC for review of any new construction proposal and for potential application of preservation standards and conditions at that future hearing. No fines or civil penalties were reported in the record; staff said none had been issued to date.
