HUNTSVILLE, Ala. (WHNT) - Thursday morning Kildare Mansion owner Delila VanLandingham and a supportive neighbor began cutting fence posts along the front of the property down to 8 feet in hopes it may persuade city counselors to allow the structure to stay.
The owners of one of Huntsville’s most iconic historic buildings continue to plead with city council members to restart negotiations over their fence that must be moved by September 8th.
"We brought it down so it fits the criteria of being a standard decorative fence by anybody's definition," explains VanLandingham. "And we've also got the insurance policy so that the city is named as the beneficiary so that there's no liability."
That policy is for half-a-million dollars -- 5 times the city's typical liability policy rate, VanLandingham claims.
Co-owner Dwight Wright says he requested a 10 year agreement with the city – 3 years with a non-revocable clause, with the license termed revocable for the remaining 7 years if the city deemed necessary – or ‘at will.’ Wright says the city said no to that proposal, saying those terms were non-negotiable.
“Which meant to me they could immediately request that it be taken down – and yet again it would only take 3 votes from the council to do that,” Wright explains.
VanLandingham calls the latest effort to appease city council a 'compromise.'
"All we ask in return is that they add those 3 words, 'for good cause' so that if they need to move the fence or ned us to move it, they can do it for a good reason but not because somebody woke up on the wrong side of the bed. That sets people up for failure and who does business that way anyhow," asks VanLandingham.
Neighbor Troy Layne says he has been in support of the structure since the effort to build the fence began.
"I personally hope the city council will let her finish the fence. It will deter all the chaos that comes through here - midnight, 2 or 3 o'clock in the morning; wakes me up, I've called the cops," Layne says.
Property owners VanLandingham and Wright plan to speak up during the public comments section of Thursday night's council meeting to see if members will budge on their stance.
"We're just going to ask them tonight if they'll commit to doing this on the record with the cameras rolling so everybody can see," says VanLandingham. "That way there's no room for any miscommunications, no innuendoes, no hidden agendas - it's all out there in the open."
The owners of the property now say if the fence comes down they may have to demolish the entire home. They have created a website to visit if you would like to know more about their fight to save the fence and the home. CLICK HERE for a link.
In October 2013, the owner of the 17,000 square foot 40-room mansion finished in 1889 — in an effort to preserve privacy – began building a massive fence around the property.
In July 2013, the city of Huntsville entered into a license agreement with McCormick Estate property owner Dwight Wright. The property is subject to city right-of-way down the east boundary of the property along Kildare Street. The agreement indicates Wright submitted a formal request to the city council which granted him the ability to construct a fence along the city right-of-way in order to ‘secure the property and prevent trespassing.’
Wright had the city’s blessing to construct the fence as stipulated in the survey map along the boundary of the 1.14 acre lot.
The agreement in no way stipulated a specific or acceptable height of the fence. In fact, owners say they went to great lengths to contact every city entity imaginable to ensure – before embarking on the investment for construction – that the fence was in accordance with every city building ordinance.
“Before I built the fence I went through every city department that I could think of that would have jurisdiction over fences and checked all the ordinances to make sure that what I had planned and what had been designed was indeed in compliance with city fence ordinances,” Wright reminds.
However, City Engineer Shane Davis says when the city entered into a use agreement with the Mr. Wright, they assumed the structure would be more like a four-foot decorative picket fence – not a towering battlement parapet, as some have characterized the fence.
Davis said last October the city entered into a stop motion order on the project and that work would be stopped. “It will come down,” Davis said at the time.
The fence did not come down. In fact, construction continued to include a massive gate which encloses the property’s entrance/driveway.
One look at the facade of the grand structure situated amid modest homes on Kildare Street in north Huntsville and it’s easy to understand.
Kildare, as it was first called, rewards modern visitors with an exuberant visual display of towers, turrets, tall chimneys, projecting pavilions, porches, bays and encircling verandas.
But most of those visitors certainly do not exhibit or reciprocate the gentility and poise typical of the Victorian Era.
Owner Dwight Wright says almost as well documented as the mansion’s illustrious and storied past, are the incidents of disrespect aimed toward the home and its current occupants.
“We’ve had people show up and throw rocks at the house, we’ve had people show up and throw rocks at us – they’ve threatened our lives,” Wright laments.
Some of those rocks damage the roof’s slate tile.
“Two weekends ago when it rained, we had a new leak.”
Wright says he understand some want to stop just to admire the architecture. But due to the continued problems, and the serious nature of those problems, Kildare’s residents say they remain on constant guard in their own home.
“We can’t tell if those people are just coming by to admire it or if they’re the next person to throw rocks or make a threat against us.”
Hence – the fence.
After the city council unanimously approved the license agreement in 2013 granting Wright the go-ahead for construction – and following the city’s subsequent qualms regarding the fence’s height – council members then brought up the issue of liability.
“Peter Joffrion, the city attorney, had stated many times publicly that they were concerned about the city liability. He expressed that they were worried if a car hit it, it was so strongly constructed that it wouldn’t break away and also worried that it wasn’t strong enough that if we had a storm that it could blow over and injure someone on the street.”
Wright then learned that he could add the city on a $500,000 liability policy – more liability insurance that the city would have actually carried – thinking that would address the issue and become part of the mutual agreement.
Wright says aside from constant harassment from passersby and spectators, there is much more history behind his struggle to construct a privacy fence – going all the way back to when Kildare Street itself was established in 1932.
Original city right-of-way was designed around a traffic triangle that was proposed for Kildare Street at the intersection of Swanson Drive. Though Kildare Street never saw that triangle, the right-of-way intended to allot for the feature was never amended.
Wright, who bought Kildare in 2007, has actually been attempting to build a fence in front of the property along the paved road for several years.
“Actually it started in 2009 when I learned the right-of-way was so unusual in front of this house,” Wright explains. “It actually cuts a diagonal across the front yard and at the northern end of the property – the end away form the major intersection – it’s actually more than 30 feet from the paved road.”
Wright says the issue actually affects dozens of Kildare Street residents who technically own little to none of their own front yards per original plot lines.
“As you continue north down Kildare, people actually own less and less of most would consider to be their front yard.”
History of the Kildare Mansion
(Compiled by WHNT News 19’s David Wood)
History by Diane Ellis and Maureen Drost of ‘The History Huntsville Quarterly’
Just off Oakwood Avenue, about a block northwest of that busy thoroughfare’s intersection with Meridian Street, stands a grand 19th-century mansion considered to be one of the finest Queen Anne-style residences in Alabama. This extraordinary three-story house was built in the 1880s for northern businessman Michael O’Shaughnessy, who was moving, with his wife and five children, from Mrs. O’Shaughnessy’s family home in Nashville to pursue business ventures in Huntsville. O’Shaughnessy named his new house and the property’s 71 acres Kildare, in honor of the Irish county where he was born in 1833.
From the beginning, Kildare drew widespread interest from local newspapers and the public. In October 1886 the Huntsville Democrat reported on the building’s construction, observing that “Major O’Shaughnessy’s residence on the Meridianville Pike is progressing finely, already its proportions are beginning to show up handsomely, the walls of one story being nearly completed.” A few months later the rival Huntsville Mercury declared that “In every detail, no residence in the county will surpass [the house].”
And when the mansion was completed in 1887, a reporter for the Huntsville Independent toured O’Shaughnessy’s new house and described what he saw: “A week ago we had the pleasure of going through the summer residence built here by Mr. O’Shaughnessy, and we could not but admire the taste displayed in the furnishings. … The parlors, dining room and bedrooms are nicely but richly furnished, and the modern conveniences prove that wealth has been scattered with a lavish hand. For miles in every direction, broad drives are being laid off.”
Three years later, The Huntsville Independent was still singing the praises of the O’Shaughnessy mansion when one of its reporters compared Kildare to an ancient castle because of its massiveness.
Perhaps as fine a home as a gentleman of culture and artistic taste could desire is the home of Major M.J. O’Shaughnessy in the suburbs of Huntsville. The floors, casements, stairways, molding, and wood finishings of the house are of native wood that the Major has picked during the past eight years, and the sawings, dressings, and molding are of his own design and under his personal supervision. In the forty rooms, each is furnished in exquisite taste in the native Alabama timber of different kind and grain.
In the basement are the breakfast rooms, pantry, kitchen boiler room, and smoking [room]. On the first floor are parlors furnished in ebony and gold; another room is a symphony in brown. The ceiling decorations of hand painting and the stained glass of special shades all unite to add pleasure to the senses. The upper floor is conveniently arranged in bedrooms, billiard rooms, and observatories.
If the newspapers of the day engaged in unabashed boosterism and were inclined to worship at the altar of wealth and power, Kildare nevertheless merited their enthusiastic approval. O’Shaughnessy’s decision to build his dream house in the Queen Anne style was a highly unusual choice for his time and place. The mansion that resulted from that decision was a unique design marvel, hardly the sort of Victorian-era residence one would have expected to see in the rural Deep South of the late 1880s,” as architecture historian Robert Gamble has observed. One can understand how interest in Kildare— and in the man who could envision and afford such a showplace—kept pace with the construction of the mansion as it took shape in late19th-century Huntsville.
“Queen Anne” as a term applied to building design in our country is something of a misnomer. Architecture historian John J. G. Blumenson, who gives the years between 1880 and 1900 as the style’s heyday, explains that the style “.. .as manifested in America has little if anything to do with the architecture of the English Queen’s time. It is the first thing that comes to many peoples’ minds when a ‘Victorian mansion’ is mentioned.”
For many people, Queen Anne architecture continues to hold a special fascination. Part of this attraction lies in the nostalgic familiarity of large Queen Anne houses that recall the settings of favorite children’s stories, especially ones set in English mansions with nannies, secret passage ways, and things that go bump in the night. At an adult level, it is the Queen Anne style’s complex harmony of varied designs and materials that engages the imagination. Intriguingly busy buildings, they nevertheless project a serious wholeness that commands respect. Reactions to Queen Anne houses may be as varied as the designs and materials of the houses themselves: amusement, astonishment, bewilderment, delight— but never indifference.
Blumenson calls the Queen Anne “…a most varied and decoratively rich style. The asymmetrical composition consists of a variety of forms, textures, materials and colors. Architectural parts include towers, turrets, tall chimneys, projecting pavilions, porches, bays and encircling verandahs. The textured wall surfaces occasionally are complemented by colored glass panels in the windows. Elements and forms from many styles are manipulated into an exuberant visual display.”
Modern visitors to Kildare are indeed rewarded with an exuberant visual display, the product of a happy marriage between stately yet spirited design and superb application of diverse building materials. Queen Anne houses, hardly the shrinking violets of the architectural styles garden, have staying power, and Kildare, a superb representative of the style’s qualities, can still inspire the kind of respect and admiration it received more than a hundred years ago.