Portsmouth park's plans stymied by business's refusal to sell

Posted to: News Portsmouth


A view of brand-new homes on the left, and a 75-year-old crab shack on the right,Thursday along Harrell Street in Portsmouth. (Stephanie Oberlander | Special to The Virginian-Pilot)



PORTSMOUTH

On one side of Harrell Street are spacious new houses designed to blend in with a neighborhood that has seen more than a century. On the other side is a vacant slice of land on Scotts Creek and a property many people know as the "crab shack."

City leaders and Park View residents envision putting a park there that would add open space and water access to a community and city that is short on both.

Owners of Johnson's Crab House are fighting to keep those revitalization efforts from nipping at their toes. The City Council endorsed the plan for a park and acquisition of the Johnson's Crab House property more than a year ago.

The Portsmouth Redevelopment and Housing Authority owns about half of the 1.4 acres of land that would be turned into a park, according to Kathy Warren, development director. Warren said authority officials have talked to the Johnson family about the city's interest in their Harrell Street property. No formal offer has been made, she said.

Whatever it is, the family is not interested, John M. Johnson said.

"The business has a unique character," he said.

His son, John T. Johnson, docks his boats at the Scotts Creek property and crabs up the river. The crabs are cooked in the outbuilding behind the house and sold from the same window that the prior owners used for decades, he said.

"Thousands of people buy from us during the summer," the senior Johnson said.

He said at least 700 customers have signed a petition in support of the business. There are other spots in the neighborhood the city could put a park, he said.

"You're talking two people's income for the rest of their life, and it's going to cost a whole lot of money to relocate," he said.

The Johnsons' attorney, Joseph T. Waldo, said it will be a classic property rights battle. "It is really a historic site, because it is the last waterman's crab house in the city of Portsmouth that's still operating today," said Waldo, an eminent domain lawyer.

The Johnsons offered to give the city half of their land for the park, but were turned down, he said.

At one time, the Johnsons planned to play a part in the revival of Park View. They purchased the property and crab business at the end of Elm Avenue 13 years ago. Four years later, they went to the city with a plan to build a marina, restaurant and retail outlet.

It just didn't work out, Johnson said.

Meanwhile, the city was putting millions of dollars into the community in an effort to spur the rebirth of the city's first suburb.

Park View was designated a historic district in 1984. The city's investment brought new streetscapes and trees, a new sewer and water system. The neighborhood has a new elementary school.

Blighted properties were acquired. About a dozen houses that could be saved were taken on by a builder who specializes in historic renovation. The last of those sold for more than $400,000, Warren said.

The housing authority contracted with Daniel W. Aston, a developer, to build on about 30 vacant lots. Aston built his own home, a huge Georgian-style house, at the east entrance of Park View.

At the height of the housing market, the new homes sold as high as $475,000. In today's market, they are selling in mid-$300,000 range, Warren said.

Crime in the neighborhood is down about 20 percent compared with the same 12-month period five years ago, according to police statistics.

Two years ago, Frances Taylor and her husband fell in love with one of those new homes in Park View. They loved the historic flavor of the neighborhood.

"I really believed that we would be part of the rebirthing of a beautiful old neighborhood."

Two years later, she still does.

Taylor is among residents who have spoken in support of a park in Park View.

As far as the crab business, Taylor said some people think the property is fine and others feel it's an eyesore.

"I don't know," she said. "I've never lived at a place where there are cranes out on the grass or sunken boats. I don't think that's healthy."

If the neighborhood is going to continue to move forward, it will need an inviting open space for people to go, she said. "Or else they'll go to suburbia."

Janie Bryant, (757) 446-2453, janie.bryant@pilotonline.com



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Elsie-eye

Hope you can get some enforcement then. Maybe this article helped. It would be helpful if, when you call the city, you have the numbers of each code infraction and can read off a list to them. Otherwise they might just think it is your idea of aesthetics vs. someone else's. Cheers, MGM

Mary

I am not saying they should be forced to sell their land or shut down their business. What I am saying is they need to clean it up...and I am willing (as a resident of Portsmouth and through experience with Portsmouth's lax code enforcement) to bet that code is on the books and hasn't been enforced.

Elsie-eye

Actually, Elsie-eye, when revitalization and redevelopment are going on, there *is* a right to not participate, if you are not breaking any city zoning laws in your current state!

We have a farm smack dab in the middle of Wesleyan Chase here in Virginia Beach and one across Diamond Springs Road in the subdivision over there. The farmers were not forced to sell out, and I am glad. Cheers, MGM

New homes.

Based on the picture every home on the street is new. Like I said before moving next to Oceana and complaning about jet noise is ludacrous! You saw thw crab business and purchased the home anyway so tough, suck it up and get on with your life. Perhaps someone will find something they do not like about you and or your lifstyle and finds a way to make you change. The same people who want to enforce their veiwpoint on the crab shack owners are probably driving big suv's and saying I can drive what I want to those who feel that is wrong! Hypocrites until it in turn bites them in the rear!
ROME: Destroyed from within by the quagmire of it's own bureaucracy.

So revitalize the business

The city should take the offer of the land the business owners made, and in return, give them the funds to revitalize the business. Apparently the only problem current residents have with it is the way it looks. If it was revitalized, with a small marina and the Crab Shack was remodeled, then there would be no problem, right?

Or perhaps the city doesn't want it remodeled, because then you are talking about increased trafic and parking issues on this same street. After all, if you have an increase in customers, then you have traffic. Can the neighborhood support this and do the current residents have anything against this? Just curious.

I agree with William...

..there has to be a win-win solution if both sides are willing to work together. It's not like the "type" of business doesn't fit with the area...and it could be used to add local flavor and historical value.

Other options...

Maybe the city should offer him a low cost business improvement loan and together come up with a plan to revitalize the business(in other words offer to help him clean up the dump, and no, there is not a more appropriate term to describe it) and make it an integrated part of the park. That way both sides would win and the park could have a focal point. The place is an old, worn-down trash heap that is in desparate need of improvement. I do not agree with eminent domain, but think outside the box at other options first. Leaving it the way it is should not be an option.

It's a big old mess!

I took the time to look at it, and I have to tell you folks, it's a big old mess. Let's keep in mind that while there are indeed new homes in Park View, it's actually a neighborhood that is over 100 years old, struggling to lift itself out of blight and crime.

Now, I don't advocate pushing people out...don't get me wrong...but if you are going to revitalize an area, being a long-time resident or business doesn't give you the right to stop the process. This business needs to clean up its act...there is nothing picturesque about it....it really and truly does look like a junk yard. The city should have addressed it by enforcing code a long time ago....but those of us who live in Portsmouth know how hard it is to get Otis off his haunches to address the tough issues.

This is just another case of the City being Asleep at the switch

I agree with all comments regarding the City using existing codes to keep a property clean. However this is just a sign of the normal back room deals the City has done for years. Obviously the Johnsons were not part of the power structure or their prior offer to donate land to the City would have been accepted. OR, there is much more to the story. Let's see the Johnsons offer to donate half of their land for a park if the City will let them develop their property into a marina & better restaurant. The City and others in Park View turn the offer down. Why, because the Johnsons plans aren't fancy enough or because the Johnsons haven't greased the correct palms? What nobody seems to get is half a loaf is sometimes better than none. The Johnsons have every right to make everyone look at their operation as long as they follow City Code. They have every right to be upset with the City for turning down their proposal. The deeper question is why the City turned down their offer years ago?

Elsie-eye

The extra pictures would be enlightening but would not change my mind.
People have *always* had to deal with neighbors who don't keep their property up.
It is only in our generation that we have seized on the idea of eminent domain to do that. That is just wrong. Use the zoning ordinances, if necessary, but not eminent domain. That is for things like road-widening and school-building, not things that profit only small pockets of neighbors and/or developers.
One person's comment is very telling. She said the neighbors have a "right" to not look at the Johnsons' crab shack in its unrepaired state. Where would that "right" be found, I wonder? Have we suddenly inherited a "right" to get rid of all properties, people, and situations that we personally find unpleasant?
Remember, I am not talking about someone *building* a new business here. It was there all along. Cheers, MGM

Can the Pilot...

..please take some better pictures of the business in question and post them so that the readers can make more informed comments. I think that some people have the impression that the "Crab Shack" is an idyllic, quaint little spot on the river, and the big, bad property owners are just being mean.

To "Clean it up or tear it down"

"Sunken boat hulls, falling apart buildings, rusting parts of equipment. Its an eyesore."

Some would call that "rustic".

This is not "Survivor"

I was really troubled about this article, even while falling asleep last night (and since I am having chemotherapy right now for breast cancer, it is significant that I would care so much about the Johnsons and their business, because I don't have a lot of spare energy right now).
First of all, we seem to have developed a "Survivor" mentality with which we face the real world. If someone doesn't please us, just vote them off the island! Only thing is, we are a nation of laws, founded to give a place even to the unpopular person, belief, or business.
If Portsmouth doesn't enforce its zoning laws, then that is where to begin . . . not by seizing private property via eminent domain so that richer people can have a bigger playground (I like waterfront houses, too, and hope to own one, but taking the Johnsons' land is just wrong). I hope the Johnsons will fix up their land, but they have to answer to the city,

Can't wait

to see how this plays out. There are some businesses in another historic district in Portsmouth that will face the same kind of scrutiny from its residents if the Parkview Civic League is successful with the Crab Shack. There's a certain Bar & Restaurant in one particular neighborhood where the owner thinks it would be lovely to board up the windows and then paint them red. It's disgusting. I'm not sure if the owner would frequent the place if he wasn't the owner. We, the residents of Portsmouth, have to take initiative for making business-owners responsible for their property. Eyesores are perceived as blight. Blight breeds crime.

MGM/marym63204

I only hope that your neighbor starts collecting old cranes, barrels of who knows what, parts of cars etc. to collect in thier front yard. Maybe than you will appreciate the people who have lived in that neighbor for the last 20 years and who want something better. Dont they deserve the opportunity. Sure the article mentions the couple new homes, but the citzens that have been there for years deserve a better environment to live in OR are you denying them that ability since it is not in your neighborhood. Unfortunatley, with regards to violations, the City of Portsmouth doesnt have the motivation to do something about this mess. Its the citzens taking action to force the city to do the right thing.

"taxes"

The city will just continue to raise the assessments until the owners can no longer afford to pay the taxes. Then they will be forced to sell.
If the city or the neighbors really want the property they need to get out their checkbooks and keep adding zero's until they are able to buy the property in quaetion. I am sure they have a price, I'm just not sure a "public" park for a hand full of homes is worth millions.

City Already Owns 0.7 acres?

The city already owns 0.7 acres. Then why are they harassing the business that's already there?
Build your park on 0.7 acres. It's pretty easy to design that, but if your brothers-in-law can't design a park that fits 0.7 acres, you may have to do some open bidding for the design, and your brothers-n-law may be out some city money.

can't buy this kind of publicity at any price

nfm

Louise Lucas

If I were Mr. Johnson I would donate $2,500.00 to Louise Lucas's new project/proposal on Victory Blvd. If you become friends with her then the city might leave you alone. She seems to have the power to manipulate most anything with the city of Portsmouth.

Crab Shack

It's called the Crab Shack, not the Crab fancy restaurant. This has been in business since before the new housing was built and if people buying in the area didn't like the Crab Shack they should have bought elsewhere. This is a family business and it seems like Portsmouth is always trying to stomp out the small business family owned places. They offered the city half of their land but were turned down. Leave the business alone and put your PARK somewhere else. It is really hard to find crabs today anywhere but it seems the city just wants to take over to help the "rich folks".

BR

If the only people qualified to comment on this board were people with actual experience in each area being discussed, you might have one comment per article. Thankfully, the Pilot has no such rule, so I don't think your comment that those of us who haven't seen the site in question are ignorant will stop people from voicing their opinions.

There are laws about eminent domain and they stand whether a property is pretty or not.

If the property has zoning violations, call the city. If not, I think you have to leave the Johnsons alone--they own the land, not you. Cheers, MGM

Clean it up or Tear it Down

Unless you have driven past the "Crabshack" in question, don't add or post your comments out of ignorance. Sunken boat hulls, falling apart buildings, rusting parts of equipment. Its an eyesore. It not like its Amory's up in Hampton that sits right beside the Air & Space Museum with a Carasole and park. If it was, than it would acutally add to the neighborhood, a part of our culture and heritage that you would be proud to show your kids when you took them to the park. In stead, the place looks like Sanford & Son is running it. The real question is why can't the city use the rules and laws on the books and make them clean it up?

Watch Out

This is a clear cut axample of the rights of the people (city government) vs the rights of the individual (business owner) and within the power of the "big gorilla," the city will usually win. The city doesn't care at all about the Johnson's potential loss of income or what it will cost them to relocate. They don't care about the 700 customers who have signed a petition in support of the business (unless it's election time and it buys them votes.) They don't care that it represents the last waterman's crab house in the city of Portsmouth that's still in operation and they don't care that the Johnsons offered to give the city half of their land for the park. They want it all and they want the crab shack demolished. Period. Eminent domain should keep them from taking the property from the Johnsons for the purpose of marketing it to a developer, but I'm not sure if in the long run the city will not find a way to obtain it. If the Johnson's decide to sell, make sure that you receive certified funds from these yahoos in advance.

Johnson's Crab House

I don't know about ya'll but, I live down the street from the Crab House and have so for more than 20 years. I personally have never bought crabs from there because of the dirty look of the shop. Now I don't by any means agree with closing a family business. My brother owns a business. but I think the appearance of the Shop/Restaurant affects business. I can walk out my front door and see the Crab House. and I have NEVER seen a customer or car outfront of the shop. And being a resident of Park View. I think that a Park for the children (who currently play in the street) would be benificial. I think if the city is going to push for this that the price for water front property would be more then benificial to aid in the relocation cost's. So I am for MOVING not closing the shop. there are many area's that are on the water that would put thier business in a prime location.

There have been crab houses

There have been crab houses along Scott's Creek for at least 75 years. The fact that some high end houses have been built across the street from this one means nothing. The shack was there when the houses were bought so the owners have nothing to complain about. There are just too many whiners out there and the Johnsons have every right to run their business.

Elsie Eye.

You are wrong. The home owners in question purchased new homes built next to an existing business. Just like Oceana residents who complain about Jet noise ignorant people need to be ignored and personal property rights need to be put ahead of someone else's opinion.
This whole eminent domain issue has gotten way out of hand thanks to companies like Wal Mart and under the table financial backhanders to slimey politicians which Portsmouth is full of. What will happen when some poor Sheriff's or Police Officers do not return home after being shot by a property owner who refused to leave his own property so a Wal Mart or Park can be built? It will happen one day!
The only people that will suffer are the property owner and innocent families with nothing to do with it not the Politicians or Corporate Scum.
These laws need to be changed, after all this is supposed to be "The Land of The Free" not "The Land Of The Free When We Allow It"

Another "Park"

I have lived in Parkview for over 10 years and have seen many changed both good and bad. What the article doesn't say is that most of the "new" houses aren't selling so they sit empty (we don't need any more vacant houses). There is a brand new park in front of the neighborhood by the Naval Hospital which is beautiful but seldom used. While I do agree that the crab shack could use some improvements I think our neighborhood could use the money elsewhere (perhaps a new traffic circle or conference center??). This is more of Portsmouths "bandaid" fixes - maybe they should buy all of the property's owned by absentee landlords and fix them up so that once again our wonderful neighborhood could be the grand beauty it was built to be. This was once the home of very prominate citizens - let's make it the jewel it could be again.

The business owner owns their property. They don't have to sell

One person's "eye sore" is another person's family business. As long as the business complies with the laws in regard to proper maintenance of their property, that's life. If the nearby homeowners want to remove the waterfront business from their view then they need to join together and buy the crab shack property owner out. If the property owner does not desire to sell their valuabel waterfront property then the nearby homeowners need to accept that. For developers and homeowners to seek the powers of eminent domain and use the full force of government to harrass property owners unwilling to sell because the new neighbors want a pretty waterfront view adjacent to their property is a clear abuse of the power of eminent domain and an example of a failure of government to serve its proper role and act to protect our property rights, not act as hired "muscle" used by special interests to force property owners off their land.

Just wondering....

Have any of you actually been to the area in question? This business could really do to clean itself up if it's going to stay put. Right now, it's a big, rusty, messy eyesore smack in a residential area. Please note...while some of the houses are new, this residential area isn't...it's been there for over a hundred years.

Crab Shack

The "authorities" will take these properities and sell them to a developer. That's how they get money for their supervisors golden parachutes. Get rid of all the authorities. Ther are worse than the Nazi Gestapo.


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