Historic Preservation Commission denies demolition request for 309 East Fifth, urges market outreach

The Newton Historic Preservation Commission voted to deny a request to demolish a house at 309 East Fifth Street, a property currently held by Freddie Mac (Homesteps). The commission cited its certified local government agreement with the Kansas State Historic Preservation Office and directed staff to work with the applicant to explore alternatives, including marketing the property to potential buyers who might rehabilitate it.

Historic Preservation staff presented the application and packet materials, saying the property is bank-owned, the applicant is a real-estate agent from the Wichita area, and the lender had provided cost estimates showing significant rehabilitation expense. The packet notes the lender’s estimate that rebuilding to required standards would cost “over $300,000,” while demolition estimates were “just over $60,000.” A later staff reference to the submitted cost summary cites a $375,000 rehabilitation estimate in the application materials.

Staff told commissioners the house is listed as a non-contributing resource within the local historic district, but the commission’s certified-local-government agreement requires denial in cases that would damage the overall historic fabric. Staff also said it has asked the Kansas State Historic Preservation Office whether a Section 106 review would be triggered because Freddie Mac’s disposition process involves federal funds; staff said they were leaning toward no but were pursuing the state review regardless.

Commission discussion included questions about whether Freddie Mac had attempted to market the property and whether rehabilitation offers could be sought before demolition. Commissioner Newell and Commissioner Harris said they had knowledge of the property’s condition and local history; Commission members noted they had seen properties in worse condition rehabilitated successfully. The commission discussed the legal and procedural path if it denied the application: the applicant can request that staff forward the matter to the City Commission, which may overturn the denial; the Kansas State Historic Preservation Office retains the authority to request a Section 106 review.

The commission voted to deny the demolition application on a voice vote and then requested staff contact the applicant and the lender to pursue marketing and other options, and to include the commission’s concerns in the record that will be sent by certified mail to the state office for the 30-day review period. Staff said if the City Commission later hears an appeal and upholds a demolition, the preservation office would still send required notices to the state and wait the statutory review period before issuing a demolition permit.

Commissioners requested that staff ask the applicant to document efforts to place the property on the open market and to report back; commissioners said they would prefer rehabilitation by a private buyer if feasible given the building’s condition and the community’s housing needs.