Geneva, Shodeen still at odds over plastic wrapped blacksmith shop

The ongoing saga of the city of Geneva vs. Shodeen Development over the 1840s remnant limestone blacksmith shop continues.

Monday, May 11, was the 10th day of a warning from the city that encasing the structure at 4 E. State St. in giant white plastic does not comply with its property code standards.

Failure to remove it in 10 days would result in a summons for an adjudication hearing, city officials said.

In a May 1 email, Community Development Director David DeGroot wrote that the wrap does not allow for inspection or maintenance.

“You have ten (10) days to appropriately secure the structure in accordance with the Hearing Officer’s orders (as affirmed by Judge (Flood),” DeGroot’s email stated. “Failure to do so will result in a summons to appear before the hearing officer for local adjudication.”

In a four-page letter on May 8, Shodeen President David Patzelt wrote that the wrap – which he calls a shell – has a zippered door that opens and allows for inspection.

“The door is secured with a zipper keeping the door itself weather tight,” Patzelt’s letter stated. “The zipper is similar to a reinforced zipper on a tent that provides access and protection from the elements. ... The Shell, in our professional opinion, is now ‘weather tight’ and thus complies with the underlying order dated November 21, 2024 (the ‘Order’).”

In an email response on May 8, DeGroot answered, “It is the city’s position that the wrap does not allow for the inspection of the building to ensure compliance with the city’s adopted codes and ordinances.”

“Gaining access to the interior of the structure through the zippered entrance does not allow for the inspection of the cited violations regarding the building’s exterior,” Degroot’s email stated. “Failure to remove the wrap and appropriately secure the building will result in a summons to appear before the local adjudication hearing officer for a determination.”

Shodeen has been unsuccessful in securing permission to demolish the structure.

The developer said the remnant structure can’t be reused or repurposed, while preservationists say it can be.

The back-and-forth over the condition of the former blacksmith shop goes back to a property code citation from June 20, 2024. The citation directed Shodeen Development, which owns 4 E. State St., under the name Mill Race Land Company LLC, to put a tarp on the roof to protect it from the weather.

A hearing officer affirmed the city’s right to enforce its building code and approved a $750-a-day fine starting Oct. 7, 2024.

A year later, Circuit Judge Elizabeth Flood affirmed the adjudicator’s decision. She also affirmed the fine, which at 571 days on, is $428,250.

The city sent two notices to the developer, seeking $357,000 by March 8. When that was ignored, the city sent another notice, seeking $363,000 by March 15.

In an email, city spokesman Kevin Stahr wrote, “If the developer fails to pay the fines, it could result in a lien being placed on the property.”

As of May 11, Stahr stated in an email that no code violation has been filed, no adjudicator hearing scheduled and no lien placed on the property.

In an email, Patzelt said the city has rejected numerous plans to make the former blacksmith shop weather-tight.

“We are now very disappointed in the City of Geneva’s response asking that the professional wrapping of the landmarked structure be removed,” Patzelt’s email stated. “Now remove it? It is unfortunate that the City of Geneva staff cannot figure out what to do with a shell of a building that consists mainly of 3 stone walls.”