Memorandum

City of Lawrence

TO:	City Manager Mike Wildgen
FROM:	David L. Corliss, Assistant City Manager & Director of Legal                                                    Services
CC:
Date:	January 12,  2006
RE:	Possible Initiation of Text Amendment on 50 foot setback requirement

At the City Commission meeting of January 10, 2006, the Commission indicated that it wanted to consider initiation of a text amendment repealing/amending the following Article in the City/County subdivision regulations:

ARTICLE 12. BUILDING SETBACKS, ENFORCEMENT, EXCEPTIONS

21-1201.        BUILDING OR SETBACK LINES ON MAJOR STREETS OR HIGHWAYS.

Building and parking setback lines are hereby established on certain major streets or highways as follows:  West Sixth Street from County Route 13 to Monterey Way:  setback line of 50 feet.  (Ord. 6146)

21-1202.        APPEALS-SETBACKS.

Notwithstanding Article 8 of this Chapter, any appeal of the building and parking setback line established for major streets or highways shall be to the Board of Zoning Appeals.  The Board of Zoning Appeals shall have the power to modify or vary the building and parking setback line in specific cases in order that unwarranted hardship, which constitutes a complete deprivation of use as distinguished from merely granting a privilege, may be avoided.  In the absence of such a hardship, the intended purpose of the building and parking setback line shall be strictly observed.  (Ord. 6146)

21-1203.        ENFORCEMENT.

No building or occupancy permit shall be issued for any new building within the plat approval jurisdiction of the City of Lawrence, or the unincorporated land in Douglas County, which fails to comply with the requirements of this Article.  (Ord. 6146)

21-1204.        EXCEPTIONS.

Any non-conforming residential building or structure located within the 50 foot building and parking setback, which is damaged by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or Act of God, may be restored or reconstructed provided; said restoration or reconstruction occurs on the original foundation.  The building or structure may not be rebuilt to a greater density than existed before the damage.  (Ord. 6146)

The Commission in February will consider the formal adoption by ordinance of the previously initiated text amendment concerning this Article and governmental takings.