Less than 24 hours after Detroit City Council approved delaying the demolition of a blighted building in the city’s former Chinatown, the city’s corporation counsel issued a legal opinion that the building must be torn down.
“Without proper designation as an historic district, the City must proceed with addressing blight in the interest of public health and safety,” Corporation Counsel Conrad Mallett Mallett wrote, adding that the council resolution lacks any “legal impact.”
The Wednesday opinion is the latest twist in a week-long drama over the 3143 Cass Ave. building. The legal opinion means the building should be demolished immediately, said David Bell, director of the city’s Buildings, Safety Engineering, and Environmental Department, BSEED.
But the council woman who lobbied for the delay said she will seek another legal opinion from the Legislative Policy Division of City Council.
Building owner Olympia Development of Michigan said Wednesday it will comply with whatever the city eventually settles on.
“We wish to remain in good standing with the City of Detroit on this issue and await the City’s direction regarding 3143,'” according to Olympia Development’s statement.
Bell said the main concern is the building is a public safety hazard. “We are now of the opinion it needs to be addressed immediately,” Bell said in a Wednesday statement.
The two-story building was originally slated to be razed this week because city officials declared it a “dangerous building” in 2018. The city issued a demolition citation in May.
The long-vacant building has a partially collapsed roof and major interior damage, including trees growing inside some of the rooms. The building has been owned since 2004 by entities linked to Olympia Development of Michigan, the real estate arm of Ilitch Holdings Inc. Olympia Development had agreed to demolish the building and had already hired a private contractor.
Last week, council member Gabriela Santiago-Romero learned of the demolition and began an effort to delay it because of the building’s historical connection to a 20th-century enclave of businesses and residences catering to the local Chinese community. The effort resulted in council unanimously approving Tuesday to hold off on the demolition for one month.
During that time, the city’s Historic Designation Advisory Board agreed to work on a report to determine whether the building is eligible for historic designation. That status could prevent the building from being demolished for up to one year.
Janese Chapman, director of legislative policy for the city’s historic designation board, told the council Tuesday the building appears to be eligible to be placed on the National Register of Historic Places. Santiago-Romero said she had already been approached by a developer interested in reviving the building.
But the council resolution faced immediate pushback from Bell, who said late Tuesday, after the council vote, the building still “needs to come done as soon as possible” and challenged the legality of council’s resolution.
On Wednesday, Mallett sided with Bell.
Santiago-Romero said Wednesday afternoon Mallet’s opinion “was unexpected.” She said she met with BSEED officials, along with other city officials and Olympia Development earlier this week.
“We ended with a mutual understanding that there would be a pause on demolition to allow for (the historic advisory board) to assess the property if we received City Council support,” Santiago-Romero said.
She added: “This would not be the first time the city has paused the demolition of a building due to probable historic significance, including one owned by ODM.”
Santiago-Romero said she will request an opinion from the Legislative Policy Division of City Council “to see if we can move forward in good faith. As a City Council Member, I will continue to respond to the needs and requests of my residents, just as I did with the concerns around this property. I will use every tool at my disposal and continue to engage with involved parties, as I did with the Administration and ODM on Tuesday.”
State Sen. Stephanie Chang, D-Detroit, urged halting the planned demolition.
“I strongly urge the City of Detroit to pause the scheduled demolition to fully consider the historic significance that 3143 Cass Ave. has for Detroit and for the broader community,” Chang wrote in a letter to Bell on Wedneday. “For many Asian Americans in and around the city of Detroit, this building represents where many of their relatives first placed their roots. Located in the center of what is historically known as Chinatown, this property began as a residence in 1883 and was eventually purchased by the Chinese Merchants Association in 1963.”
Mallett’s opinion means the demolition should proceed, Bell said in a statement.
“It has been the position of our inspectors for some time that this building is a public safety hazard that needs to be addressed. We are now of the opinion it needs to be addressed immediately,” Bell said. “The owners have a valid permit to demolish the building and in the interest of public safety are free to act on that permit.”
laguilar@detroitnews.com
