West Main Closure Update

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In an ongoing effort to keep our downtown businesses, residents, and visitors informed as to the latest status of the West Main Street closure, we are providing periodic updates until the Cherry Street to Plum Street block is opened back up to vehicles and pedestrians.

CURRENT STATUS AS OF ABOVE DATE

It has been 237 days (33 weeks and 6 days) since West Main Street between Plum and Cherry Streets was closed due to the grave concerns of collapse of the Tavern Building. The closure was due to the Miami County Chief Building Official’s (CBO) Adjudication Order and Affidavit of Compliance, as well as the CBO’s and Troy Fire Chief’s certification that the Tavern Building is unsafe and dangerous.

On November 6, the five parties to the case, including the (former) owner of the Tavern Building, the Miami County Chief Building Official assigned to the stabilization project (CBO-P), Evil Empire LLC, the Troy Historical Preservation Alliance (THPA) and the City began a six-week mediation led by Miami Common Pleas Court Judge Stacy Wall. That mediation culminated in a comprehensive global Settlement Agreement, which was filed on December 26, 2023, and which can be found at www.troyohio.gov/DocumentCenter/View/7695/Tavern-Settlement-Agreement.

The following is a recap of that Agreement:

  • The THPA purchased the Tavern Building property at the end of December, paying the now-former owner the full asking price of $485,000;
  • All pending court complaints, motions, etc., have been released, dismissed, and discharged;
  • The Miami County Chief Building Official generated a list of 24 known structural defects that must be repaired or replaced before his demolition order would be lifted on the Tavern Building, which consists of two portions-the 3-story Main Street-facing 1902 section (1902) and the rear 2 ½-story 1841 section (1841). Any additional defects uncovered during repair or replacement work do not change any of the deadlines put in place by the Agreement (outlined below) and must also be completed before the Adjudication Order is lifted;
  • Those deadlines are designed to open West Main Street as soon as possible. The key deadlines are:
  • By March 1, the THPA must inform the City and County as to whether it intends to stabilize the 1841 portion of the Tavern Building. If so, “THPA shall provide the City with written proof that it has sufficient funds necessary for such work” (Section III(H)(4) of the Settlement Agreement). If not, the 1841 portion must be demolished by March 31, and,
  • By April 30, 2024, any portion of the Tavern Building that has not been stabilized to the satisfaction of the CBO-P shall be demolished by THPA no later than May 30. If the THPA fails to demolish any unstabilized portion of the building, the City has the right to demolish the unstabilized portion and assess the costs to the property.

On February 13, the CBO-P issued “Conditional Approval” of the building permit for the Tavern Building’s stabilization. Per Sections III(B)(3)(A) and III(B)(3)(D)(4) of the Settlement Agreement, all decisions of the CBO-P are final and cannot be questioned, challenged or appealed.

The conditions the CBO-P placed on the permit include:

  1. No stabilization work can begin until an evaluation of the structural damage and proposed repairs is submitted and approved by the CBO-P;
  2. A load test of the roof structures must be completed and approved by the CBO-P before a final stabilization inspection is completed and before the Adjudication Order can be lifted;
  3. The THPA has opted to remove the original timber roof structure of the 1841 portion of the Tavern Building and replace them with modern light-construction trusses, which the CBO-P has approved, and;
  4. No truss substitutions can be installed until detailed drawings are submitted and approved by the CBO-P.

We will continue to monitor any progress with this project and provide updates as often as necessary. Please contact the City of Troy at (937) 335-1725 or visit our social media and website with any questions or concerns.