“Yeah! Way to go!” cheered Rick Jones on the news that City Council gave his company, Management Services Corporation, the go-ahead for a new student apartment complex near the Corner. The Board of Architectural Review had denied MSC the right to build the 28-unit Sadler Court Apartments at 225-227 14th St. NW. Jones appealed, and on Monday, May 15, City Council overruled the BAR’s decision.
The decision is significant because it marks the first time a developer has appealed a BAR ruling in the new Rugby/Venable/University Circle historic district the city created late last year. As C-VILLE previously reported [“House these ’Hoos,” Jan. 31], student-housing developers protested the new historic district because its restrictions on demolition and construction seemed to contradict a 2003 zoning law explicitly encouraging developers to build high-density student housing in that area. Although MSC began developing Sadler Court before the 2005 rezoning, the BAR’s authority still applied because construction on the project won’t begin until June.
Student-housing developers were watching this case to see how Council would respond to an appeal. The BAR is supposed to consider only aesthetic questions, while Council has the authority to consider the wider economic and social impacts of a proposed development.
“I think approving this will set a bad precedent,” said Councilor Kevin Lynch, who feels that the design alienates pedestrians. Councilors agreed, however, that design preferences must not interfere with their ruling. According to a staff report, “[MSC’s] plan meets the letter of the law, but not the spirit.”
Councilor Kendra Hamilton, meanwhile, said it was unfair to see this building as a precedent, since design began before the historic district was in place. She agreed with Councilor Blake Caravati, however, that conflict between developers and the BAR would only get more intense in areas around UVA. Speaking before Council, Jones noted that the BAR’s guidelines are not clear, and therefore their decisions often seem subjective. Councilor Rob Schilling echoed his concerns. “This makes conducting business in the city frustrating and unfair to developers,” he said. Council voted 4-0 (Mayor David Brown was out of town) to overturn the appeal. —Amy Kniss