Issuance of a demolition permit for an older downtown building is on hold for now after city officials clarified that an earlier tie vote by a review commission did not mean it could be torn down.
A 3-3 vote during a June 2 Historical Landmark Commission meeting thought to pave the way for the teardown was a misinterpretation of the development code and had to be thrown out, officials said this week in a follow-up announcement.
At the time of the June 2 meeting, commissioners were told the Unified Development Code noted a motion could be passed with three affirmative votes.
Not so fast, Boerne officials clarified days later after a review by the legal department, adding it takes a majority to pass a measure.
With six of seven commissioners present June 2, the Historical Landmark Commission voted 3-3 on a request for a demolition permit for the building at 305-323 N. Main St., the current home of the Red Crest Pet Shop and Boerne Grooming.
The split vote followed a commissioner’s question about an antiquated sign out front. Developers intend to allow the sign to be moved and not demolished, said Frank Valadez, architect with SA Partnership Architects.
Once the vote was taken, officials declared the motion had passed, but that decision was reversed this week.
The confusion arose when staff members relied on a section of the UDC that noted, “All issues shall be decided by at least three affirmative votes.”
On the contrary, according to Boerne officials who said, “Staff should have directed the commission to continue discussion and provide a different motion.”
After the commission’s session June 2, the staff sought additional legal review from the city attorney, who then determined a tie vote does not constitute approval.
If the applicant wishes to proceed, the request could come before the commission again on July 7.
A slew of comments on social media after the initial vote was reported decried the prospect of demolition, with many voicing support for the current structure and the nostalgia it evokes.
The developer’s plan calls for a new retail center known as Park Plaza that would include a two-story, 11,400-square-foot building. Owned by Hill Country Brothers Development LLC, the development eventually will require City Council approval.
