By this time next year, a 165-year-old structure at the corner of S. Front and Ann streets in downtown Wilmington could be gone.

The city was granted a preliminary injunction in Superior Court on Dec. 1 that prohibits Mark S. Evans, the owner, and Peter Koke from demolishing the house at 226 S. Front St. “or otherwise engaging in work requiring a valid permit or certificate of appropriateness as required by Wilmington City Code” and state law, according to court documents.

This summer, fines began to mount related to the violation of a stop-work order issued for the property, which is in an historic district and zoned Central Business District (CBD). The house was built in 1849.

In November, Koke filed an application on behalf of Evans for a certificate of appropriateness to demolish the building, saying in a letter to Dawn Snotherly, historic preservation planner for the City of Wilmington, “It is my intention to demolish the building if I am unable to get all fines, inspection fees, penalties, permit fees, and any or all other costs levied by the City of Wilmington, waived.”

Koke also requested permission in the letter “to replace doors, temporary fencing, windows, deck and rear dormers, improve landscaping and the installation of wrought iron fencing.”

City records show that citations to date for 226 S. Front St. amount to $7,000, and citations for the adjacent 222 S. Front St. total $700, according to Malissa Talbert, city spokeswoman. 

Koke said he disagrees that anything done to the building recently has been in violation.

“There was nothing done to the property that needed a permit,” Koke said.

At its meeting at 5:30 p.m. Thursday, the city's Historic Preservation Commission is expected to consider the intent to demolish application, listed under items of new business on the panel's agenda. A certificate of appropriateness for the demolition would come with a 365-day stay, and Koke said he is not asking for a reduction of that.

On Monday, Koke said he wouldn't want to demolish the property, but its fate depends on the city and the financial feasibility.

“Make no mistake about it, the city holds the keys on whether the building is saved or not,” Koke said.

He said the plan for the property, which in the past was home to a restaurant called Taste of Country and a gallery, was to turn it into a spa and gym while keeping the house's historic character intact.