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CapeGazette.com - Covering Delaware's Cape Region
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Cape Gazette
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Mon, Apr 14, 2008
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Milton home's faulty foundation leads to community cracks

By Kevin Spence
Cape Gazette staff

Kim and Jeff Hamer want to demolish a home on Union Street in Milton. They were turned down by the board of adjustment in November, a decision they appealed to town council. This week, the council tabled their appeal.

In 2006, the Hamers bought 207 Union St., hoping to turn it into a restaurant. They say that only after they bought it did they realize extensive interior damage, including the foundation, would cost them $745,000 in repairs. An engineering firm hired by the town also found the home to be in poor condition.

During the April 7 town council meeting, Milton Mayor Don Post and others say the house, formerly owned by a ship captain, is of historic value to the town. They also say the applicants knew before they purchased the house that it was in the historic district. Post pointed out Hamer did not walk through the home before he bought it.

No matter, says Hamer’s attorney. “Even if he had done work and seen the house before he bought it, he would not have known the extent of damage until he had a structural engineer’s report and an estimate of the extent of damage,” said Stephanie Hansen.

Post says that estimate is unrealistic.

The Hamers now say plans are off for any restaurant. Meanwhile, Hamer is paying about $2,000 a month for mortgage and insurance and the house is for sale at $229,900.

The Hamers are waiting for a decision, as town council considers a moratorium on all town demolitions to allow time to tighten up historic district ordinances. The council also unanimously approved a resolution to rewrite ordinances on renovations and alterations of existing buildings.

Hansen says if necessary she will take the matter to Superior Court.

Hansen, of Wilmington-based Young Conaway Stargatt & Taylor, said the condition of the building was not reasonably repairable. She argued that two engineering reports, one from the applicant and one from the city, say the building could not be moved at all, and restoring it in place would be unreasonably expensive. The home has been vacant for 30 years and since it was built, three sections have been added.

The property slopes toward the house and water has destroyed the foundation. Water leaking through the roof has saturated the second and first floors. The entire electrical system must be replaced. Engineers’ reports say animals and insects are nesting inside.

In August 2007, Jeff hired Devon Design & Drafting, based in Ocean View, to inspect the house. The firm reports the home requires a new foundation. But because of the condition, the building may not survive the operation.

In March 2008, Milton received an inspection report from Steinle Construction Engineers, based in Wilmington. The report also found the home’s foundation in poor condition and possibly, unsalvageable. “It is our opinion based on our site-visit and the observed, and potentially high undiscovered water, insect and mold damage that all sections of the house should be demolished…however, if any part of the house is to be retained, it would be the historic value of the first-built section, which is at best, minimal.”

The Steinle report said additional inspections would be necessary to determine full extent of the damage, but to move it would be impossible. “In our opinion, the repairs and structural stabilization required to move the house would outweigh the benefits to the historic community unless no other example of this house is found in the [historic preservation district].”

“In essence, in other words, we have the cure that would kill the patient,” said Hansen.

Ed Hull of Sussex County E.H. Custom Homes, provided a $600,000 estimate to restore the home. Post said he has restored more than 30 homes and called the cost estimate way too high. “I would love to have the Division of Historical and Cultural Affairs look at the home,” said Post, who added fixtures should be salvaged. The town council tabled a decision until April 17. The applicant agreed to return with a second cost estimate to renovate the home and also agreed to allow state historians to inspect it.

Contact Kevin Spence at k.spence@capegazette.com

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