As a state entity, Southeast Missouri State University trumps Cape Girardeau city ordinances on Boulevard Local Historic District, according to a Cape Girardeau municipal official.
Located on Henderson Street in Cape Girardeau, the Himmelberger House falls within the Boulevard Local Historic District.
Recently, SEMO officials decided to demolish the structure due to the state of disrepair and not needing the space any longer. Some repairs include re-framing of doors and windows due to wood rot in the structure, significant repairs and replacements in the interior of the house. The Himmelberger House is planned to be demolished in the summer.
Cape Girardeau city planner Ryan Shrimplin said there is not much the city can do to stop the razing of the building.
"The university is a state entity and therefore it's basically a higher level of government in the city. This is a city ordinance," Shrimplin said. "For the city to try to enforce a city ordinance against a state entity, it would probably not go very well. It is kind of a child telling the parent what to do."
Shrimplin explained if the City of Cape Girardeau would pursue in trying to stop the house being demolished, it could result in possible litigation by SEMO.
"That doesn't mean to say we don't make them aware what are requirements are and try to get them to cooperate with us, and they have done that on certain projects," he said.
City municipal codes under Historic Preservation guidelines were "developed with the assistance of a committee comprised of district property owners," according to the ordinances, "The objective for the proposed district and the coordinating design guidelines is to maintain the distinctive character found throughout much of the neighborhood," Existing structures are "grandfathered" in, including the Himmelberger House.
Before any changes can be made to buildings located within the historic district by the owner of the property, they must receive a Certificate of Appropriateness from the Historic Preservation Commission for the City of Cape Girardeau. Changes by the owner include construction, alteration, removal or demolition.
"Every effort shall be made to rehabilitate an existing building and every avenue explored to avoid the demolition of a building within the district boundaries," according to the Boulevard Local Historic District Design Guidelines.
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