Homeowner seeks retroactive guidance after demolition of contributing garage; staff warns retroactive approval requires criteria that cannot now be assessed

Homeowner David Swift told the DRC he had the contributing circa‑1940 accessory structure behind his Adam Street property removed and asked for the committee’s guidance about next steps. Staff reminded commissioners that the DRC’s demolition guidance allows removal only if one of these criteria is met: loss of integrity with no adverse effect on the district, an unreasonable economic hardship, or structural instability demonstrated by a qualified engineer or architect. Because the structure has already been demolished, staff said, there is no standing structure to assess and the submittal lacks the reports required to support demolition under those criteria.

Commissioners described the situation as difficult: one remarked that the commission had been deprived of the opportunity to evaluate rehabilitation versus removal, while another noted that the building’s low clearances (partly due to pool construction and grade changes) created code and safety concerns. Staff confirmed that a prior notice of violation exists and that if the DRC ultimately withholds retroactive approval the matter could be referred to the city attorney and building‑codes staff for enforcement; conversely, the commission could vote to approve demolition retroactively and allow the owner to move on. Staff also said that, if the commission requires reconstruction, an exact reconstruction in the same footprint, dimensions and general form would be legally allowable.

Next steps: Applicant was asked to assemble documentation (historic photographs, prior COAs, permit history and any structural or cost estimates) for a forthcoming voting meeting; the DRC will then vote to grant or deny retroactive demolition approval and may require rebuild or mitigation if approval is withheld.