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While residents of the Historic Southwest neighborhood may have scored a victory last month, successfully arguing for the denial of a rezoning request required to build a five-story residential development on Fifth Avenue and Fifth Street southwest, a secondary goal of many neighbors, the preservation of the Williams residence, which many consider to be historic, may be slipping away.

Developer Mac Hamilton purchased the property in May, and was issued a demolition permit by the city after a motion to withhold the permit pending an environmental assessment failed with a 3-3 tie vote.

Council members Michael Wojcik and Mark Bilderback, who represent constituents in the vicinity of the property, voted to delay issuance of the demolition permit, with council member Sandra Means joining in support of the motion with the condition that Hamilton be notified. Council members Bruce Snyder, Ed Hruska, and acting president Randy Staver voted in opposition to withholding the permit.

“It would be an undue hardship on the developer and a bit of a last-minute measure to throw this roadblock in his way,” said Staver. “It probably speaks to the need for some kind of an ordinance so we don’t get to these eleventh hour actions.”

Former county attorney Ray Schmitz brought the matter to the council’s attention during the open comment period preceding the meeting.

“I encourage you to take action to preserve what many people in Rochester consider to be a historic building,” said Schmitz. “Like Humpty Dumpty, unless something is done rapidly, there will be no putting this back together again. There will be no leisurely manner for you to respond to this threat to this valuable historic part of the fabric of the city of Rochester.”

The council took the discussion up as new business following the regular agenda.

“At least we would have an understanding of what we are or are not tearing down,” Bilderback said in support of delaying the demolition permit. “You’ll never get it back if it is historic.”

Demolition cannot occur until October 1st, when the leases of current tenants of the Williams house expire. Current tenants of the property, which has been a rental property with six units for approximately 50 years, have been give notice to evacuate.

“The writing’s on the wall that this building is too far gone,” said Hruska. “What are we going to do, wait for it to fall apart?”

Tim Schmitt, a member of the Historic Preservation Committee, stated the historic preservation ordinance, as currently written would call for an environmental assessment to be done ahead of the council’s decision. He reiterated a statement from the previous council meeting that a group interested in preserving the Williams home may be forthcoming if the option is available and the home may qualify for preservation grant funding.

The Williams house is not listed among the national register of historic places, a designation that would make an environmental assessment necessary. The state law requiring local governing bodies to consider historical significance in the same manner in which the body would consider the preservation value of natural resources was created in 1993 to prevent the demolition of the armory in downtown Minneapolis. A petition with 100 signatures would have delayed the issuance of the demolition permit until the state Environmental Quality Board responded with an assessment of the property’s historical significance. The assessment would not limit the council’s options in granting or denying the permit.

Neighbors and Rochester residents concerned with preservation of the property are exploring options for the site.

“We’re not discounting legal avenues to achieve our goals on that corner,” said Frank Hawthorne, president of the Historic Southwest neighborhood association.

A group could file a restraining order to block the demolition of the Williams house. An injunction was granted recently to prevent the old Kasson public school, though that building had prior placement on the National Register of Historic Places.

“Developers have had a big voice in our community for a long time,” said Hawthorne. “It’s not our job to make sure they make a profit. Changing the rules to make their plans happen isn’t guaranteed. They speculate and then play by the rules like everyone else.”