LAWRENCE HISTORIC RESOURCES COMMISSION

ITEM NO. 5: DR-06-63-06

STAFF REPORT

 

A.         SUMMARY

 

DR-06-63-06             917 Delaware Street; Rezoning; Certified Local Government Review.  The property is located in the environs of the East Lawrence Industrial District, Kansas Register of Historic Places. Submitted by Korb Maxwell for Robert and Molly Krause, the property owners of record.

 

B.         PROJECT DESCRIPTION

 

A request to rezone a tract of land approximately .134 acres from RS-2 [RS7] (Single-Family Residence) to CN1 (Inner Neighborhood Commercial). The property is located at 917 Delaware.

 

 

C.         STANDARD FOR REVIEW

 

For projects that require a Certified Local Government Review the Historic Resources Commission has typically used the Standards and Guidelines for Evaluating the Effect of Projects on Environs to evaluate the proposed project.

 

Guidelines for Evaluating the Effect of Projects on Environs

 

The Standards and Guidelines for Evaluating the Effect of Projects on Environs that are applicable to the applicant’s request are as follows:

 

  1. The character of a historic property’s environs should be retained and preserved.  The removal or alteration of distinctive buildings. Structures, landscape features, spatial relationships, etc. that characterize the environs should be avoided.

 

  1. The environs of a property should be used as it has historically been used or allow the inclusion of new used that require minimal change to the environs’ distinctive materials, features, and spatial relationships.

 

  1. The environs of each property will be recognized as a physical record of its time, place, and use.  Changes to the environs that have acquired historic significance in their own right should be retained and preserved.

 

Identify, Retain, and Preserve

Like the treatments for historic properties, guidance for environs review begins with the identification of the character-defining features of the environs, its historic and current character, and what must be retained in order to preserve that character.  The character of a listed property's environs may be defined by form, exterior materials, such as masonry, wood, or metal; exterior features and elements, such as roofs, porches, windows, or construction details; as well as size, scale and proportion, massing, spatial relationships, etc. 

 

Protect, Maintain, Repair, and/or Replacement

 

After identifying those materials and features that are important, the effect of the proposed work on the environs of a listed property must be determined.  Work that generally involves the least degree of intervention is recommended.  Protecting historic features and materials through cyclical maintenance and repair lessens the need for replacement which is always the less preferable alternative and usually more costly.  Substitute materials can be installed, when the degree of deterioration requires replacement, provided the substitution is compatible with the environs.

 

Alterations / Additions for the New Use

 

Interior alterations of properties within the environs of a listed property have little, if any, impact on the listed property.  Exterior alterations of properties in the environs of a listed property are generally needed to assure continued use, but it is important that such alterations do not radically change, obscure, or destroy character-defining spaces, materials, features, and/or relationships.  Alterations may include demolition of structure(s) and/or features, providing additional parking, modification of entries, installation of signs, or cyclical maintenance involving repairs with noncompatible materials.

The construction of additions is sometimes essential for the continued use of a property, but the addition should only be reviewed for its impact on the listed property and the environs.  The line of sight between a listed property and a proposed project is often directly related to the impact of a project on the listed property.

 

ZONING

Recommended

Maintain zoning that continues the histories land use in the environs of a listed property.

 

When rezoning is required within the environs of a listed property, the impact of the rezoning should be considered and steps taken to mitigate adverse effects.

 

When replatting is necessary, all subsequent new construction should be compatible with the environs in relationship to the setbacks, form, size, scale massing, etc.

      

Not Recommended

Rezoning to allow development that is incompatible and/or inconsistent with the character of the environs.

 

Speculative or spot zoning without a well-defined use for the property that is compatible with the environs.

 

Any rezoning without design documents indicating the compatibility of the proposed new use, addition, and/or infill construction.

 

Replatting to facilitate new construction that is incompatible and/or inconsistent with the character of the environs of a listed property.

 

 

D.     STAFF ANALYSIS

 

The applicant is requesting to rezone a tract of land approximately .134 acres from RS-2 [RS7] (Single-Family Residence) to CN1 (Inner Neighborhood Commercial). The property is located at 917 Delaware.

 

917 Delaware Street

 

The  Standards and Guidelines for Evaluating the Effect of Projects on Environs allow for rezoning if it is compatible and consistent with the current use of the parcel, as well as the environs of the listed properties, and continues the historic land use of the property and the environs.  The use of this land has historically been residential, dating back to the original plat.

Based on tax records and the appearance of a similar structure on this lot in the 1873 Douglas County Atlas, staff estimates the construction date of the existing structure to be c. 1873. The tax and city directory research indicates that the property has historically been residential in use.

 

The guidelines identify, “Maintain zoning that continues the histories land use in the environs of a listed property.” A change to inner neighborhood commercial zoning will not maintain the historic residential use for the subject property and the environs of the listed property. 

 

The guidelines also identify that, “When rezoning is required within the environs of a listed property, the impact of the rezoning should be considered and steps taken to mitigate adverse effects. Staff is aware that the property owner is in the process of developing a mitigation document.  This has not been reviewed by staff, the neighborhood association, or the Planning Commission.

 

Because the proposed project is to rezone for a specific restaurant use, new development is not a part of this rezoning request.  However, the proposed zoning, if approved, will allow for new development at the standards required for the CN-1 District. The guidelines identify that rezoning is not recommended to allow “development that is incompatible and/or inconsistent with the character of the environs.”  In addition, the guidelines do not recommend “Any rezoning without design documents indicating the compatibility of the proposed new use, addition, and/or infill construction.”  Staff is unaware of any design documents identifying the compatibility of this proposed use with the environs of the listed property.

 

 

 

E.   STAFF RECOMMENDATION

 

In accordance with the Standards and Guidelines for Evaluating the Effect of Projects on Environs  (1998), and Chapter 22 the Historic Resources Code of the City of Lawrence, staff recommends the Commission deny the proposed project and make the determination that the project does encroach upon, damage, or destroy any listed historic property or its environs, specifically:

1.      The rezoning request does not continue the histories land use in the environs of the listed property.

2.      Currently, there is no mitigation document for the adverse effects of the requested rezoning.

3.      Currently there is no design document indicating the compatibility of the proposed new use.

 

If the Commission determines that the project does not encroach upon, damage, or destroy any listed historic property or its environs, staff recommends the approval include the following conditions.

 

1.       This recommendation is given with the understanding that the City Commission must approve the associated rezoning request.  Approval of this request by staff or the HRC does not guarantee the City Commission will approve the associated rezoning request.

2.      Mitigation documents for the adverse effects of the requested rezoning be submitted and approved by the HRA.

3.      Design documents indicating the compatibility of the proposed new use be submitted and approved by the HRA.