CINCINNATI (FOX19) - A judge on Monday issued an emergency order halting a City of Cincinnati permit that would have allowed for the demolition of an historic OTR bell tower.
The First Lutheran Church’s bell tower will remain intact pending the outcome of a lawsuit brought on appeal by preservationist group OTR Adopt, which hopes to save the tower.
Court documents show the city intended to issue the demolition permit end-of-business Monday, some two years after a city order forced First Lutheran’s congregation out of the building due to concerns about the tower’s deterioration.
Church leaders and congregation members last Thursday demonstrated outside Cincinnati City Hall, where they accused the city of unlawfully withholding the permit. One day later, the city notified church leaders and OTR Adopt of its impending issuance.
Attorney Sean Suder, representing OTR Adopt, described a “pressure campaign” including “repeated threats” orchestrated by First Lutheran Church “to pull the rug out from under” OTR Adopt’s ongoing lawsuit.
The lawsuit seeks a permanent stay of the demolition permit and a reversal of a Board of Building Appeals’ ruling in June 2021 authorizing the demolition.
OTR Adopt and Suder argue against the legal basis of authorizing the demolition, saying reasonable options for repair exist that do not require demolition and that can be funded entirely by OTR Adopt.
They also argue the BBA didn’t have quorum at the June 2021 hearing because only three of its five members heard the case and one of those members had a conflict of interest requiring recusal.
Even as the lawsuit proceeds, First Lutheran Church agreed on Friday to return to city-led mediation with OTR Adopt, according to OTR Adopt Founder and Executive Director Danny Klinger.
No word on when mediation will begin.
Built in 1895, the church offers a small-scale counterpoint to Music Hall across Washington Park. Its bell tower is visible throughout the neighborhood, emerging sentinel-like at the parting of walls and eaves.
But the tower has lately fallen into disrepair. A city study from fall 2020 identified damage to the tower’s steel beams and raised concerns about the tower’s stability. An emergency demolition order followed in November 2020.
The First Lutheran congregation was forced to vacate the building pending the tower’s demolition, which preservation advocates succeeded in delaying with the hope of finding a solution.
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Pastor Brian Furgeson explained that ideally the congregation would host a years-long fundraising drive, but the desire to get back into the building for worship services has motivated the church to side with demolition.
Furgeson said if a community-led fundraising effort to save the tower did not succeed by June 5, 2021—a deadline that came and went—the church would proceed with tearing it down. He cited an initial engineer’s report that put repair costs around $2.5 million, which included tower repairs and the addition of seismic foundations.
The second inclusion is curious as seismic retrofitting isn’t required by Cincinnati’s building code and, according to preservation advocates, is atypical for historic restoration projects. Moreover, the tower’s damage wasn’t caused by seismic activity, of which the region experiences little, but by water infiltration, load shifting and the normal deterioration of weathered masonry.
A Cincinnati Preservation Association spokesperson explains the engineers behind that report “have been clear in pointing out that their professional opinion is based in other factors than the building code, that they have formed their recommendations that the additional bracing and deep foundation work is needed because they view these as essential to ensure public safety. It is their view that the risk factors result from conditions in the original construction.”
The church congregation then opted to add an elevator shaft and an ADA-accessible welcome center to the repair effort—the shaft providing structural support to the tower. That put the cost over $3 million, according to the Cincinnati Preservation Association.
In August 2021, the CPA noted the church had secured donations or pledges totaling $2.25 million including $100,000 of CPA money.
Around the same time, CPA and OTR Adopt funded a second engineering report. The report’s assessment notes the tower’s structure is “in overall good condition and will require a limited number of repairs.” The author pointedly disagrees with the structural concerns raised in the first report, noting lack of evidence of structural distress or “damage associated with a wind or earthquake event.”
A simpler catalogue of repairs at a reduced cost would be sufficient to save the tower, the report concludes.
OTR Adopt had a competitive construction bid lined up based on the report’s findings, and contractors were prepared to begin immediately. OTR Adopt also says it has commitments for the funds secured—$1.73 million—including costs for First Lutheran to worship offsite (at the Transept a block away) during construction as well as debt service costs and the expense of hiring a project manager “so Pastor Brian can be freed up for ministry work.” Moreover a plan was envisioned to fund subsequent project phases including the ADA additions and elevator shaft.
The church leadership reviewed the plan and on Aug. 9 voted to continue with demolition. Furgeson explained the ask involved “some complex mechanisms” the church could not take on due to prior debts incurred during a $1.3 million façade restoration in 2016.
Preservation advocates responded Aug. 19 with a letter urging a collaborative approach marrying the two engineering reports. The church leadership allegedly declined to respond.
The letter notes “demolition agreements have been signed and permits have been secured. Work is expected to begin any day.”
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