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Board orders demolition of Tyrone Road building, but Magic Wok excluded

Posted at 4:31 pm November 13, 2014
By John Huotari 6 Comments

Wender Building

A city board on Thursday ordered the demolition of this building on East Tyrone Road within 30 days. The Magic Wok restaurant, which is in a separate diner on the western side of the building, is not affected.

 

Note: This story was last updated at 12:55 p.m. Nov. 14.

Despite a plea for another extension, a city board on Thursday ordered that a commercial building on East Tyrone Road be demolished within 30 days. The demolition order does not apply to the popular Magic Wok restaurant, which is in a separate diner on the western side of the building.

The Oak Ridge Board of Building and Housing Code Appeals had previously given the building owners more time to develop a repair or demolition plan, including a five-month extension in June. At Thursday’s meeting, board members suggested they hadn’t seen enough work take place since then.

“I’m seeing very little progress,” said board member Joe Lee, who made the motion to demolish within 30 days, which is what the city staff had requested. “This has been an ongoing issue for a decade or more.”

The city staff said the partially occupied commercial structure has been declared unfit for human occupation or use because of code violations, and a demolition deadline expired Thursday. The staff said the estimated cost of repairs exceeds 50 percent of the building’s value, which is an important benchmark for issuing a demolition order. The staff has said the building is in a state of disrepair, lacks adequate fire and panic exits, and the roof and interior have not been adequately maintained for several years.

The motion to demolish the building at 123 and 135 East Tyrone Road was approved in a 6-0 vote on Thursday. Voting in favor of that motion were Chair Bruce LeForce, Vice Chair Philip Nipper, Secretary Amy Seiber, Lee, and board members Phil Yager and Leonar Vaughen. Board member Aaron Wells was not present.

Oak Ridge City Manager Mark Watson, who has followed the case, told the board that, after several meetings to discuss the property, it was time to make a decision.

“We’re spending significant staff resources coming back on this time and time again,” Watson said. “We’ve got other projects out there that we’re going to be dealing with.”

The two cases against the building, which is just north of Oak Ridge Turnpike near Jackson Square, exclude the manufactured structure that houses the Magic Wok, but they do include the areas in the small shopping center that have recently housed a dry cleaner, thrift store, wig shop, Mexican grocery, and the Magic Wok’s food preparation and overflow dining areas.

The city staff said concerns about the building stretch back in some form for more than a decade.

“This had been going on for years now,” said Kathryn Baldwin, Oak Ridge Community Development director. She cited a sprinkler system problem 10 years ago. The city employees then might not have followed through, Baldwin said.

“That will not be the case this time,” she said. The staff will pursue court action if the board’s dates are not met, Baldwin said.

Jim and Betty Wang and Noel Peterson

Jim Wang, center, one of the building’s owners, asked the city board for another 30 days on the possible demolition of the commercial building at 123 and 135 East Tyrone Road. To the left of Wang is his wife Betty Wang, who owns the Magic Wok restaurant, which is not affected by the demolition order. At right is Noel Peterson, owner of Coal Creek Surveying and Engineering of Lake City, which prepared a demolition plan.

 

The building owners suggested they were still trying to determine whether to sell the mostly-empty building, or demolish 80 percent of it and save about 5,500 square feet in three units on the western side of the property, among two options. They asked for one more 30-day extension.

“We are not trying to delay,” said Jim Wang, one of the owners. (His wife Betty owns the Magic Wok.) “Approve our plan, and then we will start to work.”

But the city staff suggested the discussions have been circular, “starting from scratch” at every board meeting.

“I feel like this is the same discussion every time we meet,” Baldwin said.

Wang said the group of owners have spent several thousand dollars in the past few months on survey work and developing a detailed site plan, and they have $150,000 available for the planned work, including demolition, asbestos removal, bringing the electrical system in the remaining part of the building up to code, and building restrooms compliant with the American with Disabilities Act. They wanted another month to get a demolition permit and contract, and remove asbestos—and allow Magic Wok to stay in business a few more months, said Wang, who added that age is “catching up” with him and his wife.

The municipal staff said they wanted some definite dates, and if those weren’t met, penalties should be outlined. The staff said they had just received the demolition plan the previous Friday.

During the last meeting earlier this year, the agreement was that the building—which once housed The Oak Ridger newspaper, among other businesses—would be partially demolished by this month, with permits in hand and “build-outs” for the remaining portion by December, said Matt Widner, Oak Ridge Community Development housing specialist.

“We need to put an actual hard timeline down,” Widner said. “This (current case) has been going on for almost two years.”

Magic Wok

The detached Magic Wok diner is not affected by Thursday’s demolition order.

 

But Noel Peterson, owner of Coal Creek Surveying and Engineering of Lake City, which has been helping the building’s owners, pointed out that there are no occupants left in the building.

“What’s the hurry?” he asked. “I don’t see why it needs to come down in the next 30 days.”

He said the owners aren’t that far behind schedule, and he thinks work could start in the next month or two.

After the meeting, Wang said it wasn’t clear what the next step would be for the property owners.

More information will be added as it becomes available.

Oak Ridge Board of Building and Housing Code Appeals

The board approved the demolition order in a 6-0 vote on Thursday. From left, the board members are Joe Lee, Phil Yager, Vice Chair Philip Nipper, Leonard Vaughen, Chair Bruce LeForce, and Secretary Amy Seiber. 

 

Filed Under: Business, Government, Government, Oak Ridge, Oak Ridge, Slider, Top Stories Tagged With: Aaron Wells, Amy Seiber, Betty Wang, Bruce LeForce, Coal Creek Surveying and Engineering, code violations, commercial building, demolition, demolition order, East Tyrone Road, Jim Wang, Joe Lee, Kathryn Baldwin, Leonard Vaughen, Magic Wok, Mark Watson, Matt Widner, Noel Peterson, Oak Ridge Board of Building and Housing Code Appeals, Oak Ridge Community Development, Phil Yager, Philip Nipper, repair

Comments

  1. Jeff Ryman says

    November 15, 2014 at 6:02 pm

    As I understand, the Magic Wok will be affected because it’s freezers are in the building to be demolished. Can you check that?

    Reply
    • Philip W Nipper says

      November 16, 2014 at 6:42 am

      The demolition order does not include the diner. If the diner is using the buildings that are under a demolition order for food storage or other uses then yes, the processes the diner uses for food prep / storage would be effected once the structures are gone. They probably should not be using those buildings for food storage anyway as there has been a “not fit for human occupation or use” order on them for several months.

      Reply
      • Bill Winters says

        November 16, 2014 at 11:55 am

        It’s a shame that at least some of this block can’t be saved. I remember going to the Oak Ridger office on Friday nights, 50 years ago or so, to pay my paperboy bill. The presses and machinery were impressive to a 12 year old kid. Years later, much to the distress of my parents, and many other Oak Ridge parents, my main hangout was the Atomic Pool Hall, which was next door to the paper. I don’t think underage kids were “allowed” in such a den of sin, but that was just one of the laws broken there every day. I would love to see a complete history compiled of the Atomic Pool Hall of the 60s and 70s while at least some of the main players are still alive to tell their tales. I give the ORPD credit for nightly surveillance of the comings and goings outside the pool hall, but I don’t remember them being very successful. Anyone else remember the blue Ford LTD “unmarked” car that was parked on the hill every night watching the front door?
        A lot of Oak Ridge history in these buildings, too bad they weren’t maintained over the years.

        Reply
        • Philip W Nipper says

          November 16, 2014 at 5:03 pm

          I agree Bill. I remember the pool hall although I was too young to enter. However I am sure you and my older brother could share some stories while you are both young enough to recall your memories….
          I do remember when I was a plumbing magnate in town and was hired by the bookstore that used to be there that the condition of the building was less than adequate and ownership was not interested in doing what was right only the bare minimum.

          Reply
          • Bill Winters says

            November 17, 2014 at 1:19 am

            Philip, yes, your brother and I could tell some stories. I’ve thought for many years that the shenanigans that were a daily occurrence at the pool hall should be recorded, but that might require a few names to be changed. The pool hall at Grove Center didn’t seem to care much for long haired kids ( think I was thrown out of there a couple of times ), the one behind Frenchs supermarket was much too well lit, but Atomic was home. Very handy at times that Atomic had a front door, AND a back door. That gave a good friend a sporting chance to win their foot race with ORPD one night.

    • johnhuotari says

      November 18, 2014 at 8:25 am

      Jeff,

      We have previously reported that the affected buildings do include the Magic Wok’s food prep and overflow dining. Here’s information from a May story: “The two cases against the owners concern the commercial building at 123 and 135 E. Tyrone Road, just north of Oak Ridge Turnpike near Jackson Square. They exclude the manufactured structure that houses the Magic Wok, but they do include the areas in the small shopping center that have recently housed a dry cleaner, thrift store, wig shop, Mexican grocery, and the Magic Wok’s food preparation and overflow dining areas.”

      I don’t know if anything has changed, but that’s the most recent information I have.

      Thank you.

      John

      Reply

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