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The Geneva Historic Preservation Commission will decide on a request to designate an 1840s-era limestone building at the site of the old Mill Race Inn a local landmark.

A public hearing was held Tuesday night to consider the landmark designation for the structure, located south of the East State Street Bridge. It was part of the iconic Mill Race Inn restaurant that was demolished in 2016.

Geneva-based developer Shodeen Inc., which owns the property, filed a permit application on Dec. 20 with the city Building Department for the demolition of the structure. Before the city acted on the demolition permit, Fred Zinke of Geneva filed a nomination application to have the building designated a historic landmark.

Zinke is a “third party” applicant because he is not the owner of the property. City officials have said requests for landmark designation in Geneva have typically come from property owners.

Kate McCracken, an attorney representing Shodeen, said the application for a historic designation lacks the correct legal description of the legal title holder which is the Shodeen Foundation. She also said the “remnants” of the structure do not qualify for local landmark status.

McCracken said the process is also “tainted” by conflict of interest.

Zinke’s wife is Carolyn Zinke, who serves on the Preservation Commission. Zinke announced Tuesday night that she has recused herself from the review of the application.

McCracken said the fact that someone who doesn’t own the property is attempting to restrict what a property owner can do with the property has “serious” legal consequences.

“Our objections are not a function of minimalist details or nitpicking, these are significant issues,” the attorney said.

McCracken said just because the structure is old, has great memories and potential links to interesting people of Geneva’s past “does not make it structurally worthy” of local landmark status.

She said the application for historic status should have identified the facility as vacant and uninhabitable. She said the structure has been “severely compromised” over the past 175 years.

Shodeen President David Patzelt said the structure has been damaged over time.

“There’s been a lot of discussion of whether there were fires. There certainly were. The roof rafters are significantly burned,” he said.

McCracken said the owner considered other options, including moving or relocating the “remnants” of the building to another site. However, two building moving companies determined the stone walls were too heavy and fragile and would not stay intact during a move, she said.

She said the owner also had a review done of the structure to determine if it could be incorporated within a new building. She said the review determined what exists there today could not withstand weight from new construction.

Preservation advocate Colin Campbell acknowledged there were errors in the application for landmark status because the request for a demolition permit was filed around the holidays and they had to move quickly.

“It was the only way we could stop the process of demolition. The application may be lacking but it was done under duress,” Campbell said.

Campbell said they have heard time and again how buildings are not salvageable and should be demolished.

“I don’t know whether this is salvageable. I would hope we can get an independent opinion,” Campbell said.

City of Geneva Preservation Planner Michael Lambert said staff did not have time to review the property owner’s objection and recommended the public hearing be continued. Commissioners said they too, wanted time to study the document. The public hearing was continued to March 20.

In 2016 the developer received approval to remove the superstructure and portions of the existing foundation that surround the old limestone building. At the time, city officials said the developer would evaluate the 1840s-era limestone sections to determine if the structure can be considered a historic landmark or if it can be incorporated within any future development of the property.

The old Mill Race Inn property is zoned as a business district that allows for a wide range of retail, service, office use and dwelling units above the first floor, similar to how Shodeen built the Dodson Place Apartments on South Third Street in Geneva, city officials have said.

Lambert had previously done a report on the history of the limestone building. In the report he said the industrial building was built around 1846 by two brothers who were early settlers of Geneva.

“Initially, the limestone building was one of many industrial sites utilizing power generated from the flowing waters of the Fox River,” Lambert said.

The first documented occupant of the building was the Stevens Paper Mill. It was enlarged prior to the Civil War for use as a wagon and carriage factory. During the early 1880s, the building was converted to a cooperage by Charles E. Mann. Lambert said the building suffered two fires during that time.

Lambert said between 1893 and 1932, the building was used for a variety of businesses or sat vacant. In 1933, the limestone building was remodeled by a local contractor for use as a restaurant. The restaurant was operated by Ann Forsyth as The Mill Race Inn, a seasonal cafe for 12 years. In 1946, she sold the restaurant. The restaurant continued to operate for another 60 years and had been expanded numerous times. By 1964, the original limestone building was completely enveloped by newer construction.

Lambert said the series of expansions “sacrificed” portions of the original limestone walls at the east, north and west sides of the original structure.

Linda Girardi is a freelance reporter for The Beacon-News.