BEFORE THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS

IN THE MATTER OF THE AMENDMENT OF THE JOINT CITY/COUNTY SUBDIVISION REGULATIONS, CHAPTER 21, ARTICLE 12 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS SPECIFICALLY AMENDING SUBDIVISION REGULATIONS PERTAINING TO BUILDING SETBACKS ON MAJOR STREETS OR HIGHWAYS, THE ENFORCEMENT AND EXCEPTIONS TO BUILDING SETBACKS WHICH ARE THE RESULT OF GOVERNMENTAL TAKINGS FOR PUBLIC RIGHT OF WAY, EASEMENTS OR OTHER GOVERNMENTAL USE.

NOTICE OF HEARING

THE STATE OF KANSAS TO ALL PERSONS WHO ARE OR MAY BE CONCERNED:

Take notice that on the 13^th day of June, 2006   6:35 p.m., or as soon thereafter as the matter can be heard, the Governing Body of the City of Lawrence, Kansas, will convene in the Commission Meeting Room, 1st Floor, City Hall, 6 East 6th Street, Lawrence, Kansas, for the purpose of conducting a hearing on text amendments amending Chapter 21, Article 12 of the Code of the City of Lawrence, Kansas, as generally set forth in  City of Lawrence Ordinances No. 7949, Ordinance 8004 and Ordinance 8005, said text amendments as described below.  The Governing Body reserves the authority to adopt any of the ordinances, or any of the ordinances as may be modified by the governing body as so directed at the hearing or such continuance of the hearing. The draft ordinances are summarized as follows:

Ordinance 8004

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

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

                                             (B)          Building setback limits on West Sixth Street between Wakarusa Drive and Folks Road shall be based upon the approved zoning for each tract.

Ordinance 8005

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

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

                              (B)          Building setback limits on West Sixth Street between Wakarusa Drive and Folks Road: setback line of 25 feet.

Ordinance 7949

21-1202.              EXCEPTIONS.

(A)         In the event that a governmental taking or acquisition for right of way, easement or other governmental use on or after January 31, 1991 would reduce a setback that previously complied with this Article, that reduction in setback shall not be deemed to constitute a violation of this Article.

(B)          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.

21-1203.              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, provided that no appeal shall be required in the instance of the reduction in a setback resulting from a governmental taking or acquisition for right of way, easement or other governmental use, as provided in Section 21-1202.  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.

21-1204.              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.

That said Ordinance 7949, Ordinance 8004 and Ordinance 8005 have been filed in the Office of the City Clerk of the City of Lawrence, Kansas, and referred to the Governing Body of the City of Lawrence, Kansas, for hearing and determination.

That at said time and place all interested persons can appear and be heard under said hearing.

                                                               Frank S. Reeb

                                                               City Clerk