LAWRENCE HISTORIC RESOURCES COMMISSION
ITEM NO. 8: DR-01-06-07
STAFF REPORT
A. SUMMARY
DR-01-06-07 944 Kentucky Street; Special Use Permit; Certified Local Government Review. The property is listed as a non-contributing structure to the Oread Historic District, Register of Historic Kansas Places, and is located in the environs of the Charles and Adeline Duncan House (933 Tennessee), the Colonel James and Eliza Blood House (1015 Tennessee), the Benedict House (923 Tennessee), and Lawrence’s Downtown Historic District, National Register of Historic Places. Submitted by James Dunn, the property owner of record.
B. PROJECT DESCRIPTION
The applicant is requesting a Special Use Permit to operate a Homesless or Transient Shelter for the property located at 944 Kentucky Street.
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C. STANDARD FOR REVIEW
Certified Local Government Review
For projects that require a Certified Local Government Review the Historic Resources Commission has typically used the Secretary of the Interior’s Standards to evaluate the proposed project.
Standards for Evaluating the Effect of Projects on Historic Buildings
The following standards apply to the proposed alterations:
1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
2. The historic character of a property shall be retained and preserved. The removal of historic material or alteration of features and spaces that characterize a property shall be avoided.
D. STAFF ANALYSIS
The applicant is requesting a Special Use Permit to operate a Homeless or Transient Shelter at the property located at 944 Kentucky Street.
While The Secretary of the Interior’s Standards does not speak specifically to special use or conditional use permits, Standard 1 does allow for “A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.” The subject property is not historic and is a non-contributing structure to the Oread Historic District due to its age; its estimated construction date is c. 1962.
Special Use or Conditional Use permits can allow for new specific uses or adaptive uses of historic structures or non-contributing structure within a historic district without changing the base zoning of the property. These types of permits can allow for the continuation of 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. It is now zoned RMO—Multi-Dwelling Residential Office District. The use of the property as a Homeless or Transient Shelter has been existing and allowed under UPR-09-06-05 and does not have an adverse impact on the historic district and its environs.
The applicant has already installed a carport and a fence on the property without a building permit. If the applicant would have applied to the HRC prior to making these site alterations, staff would not have approved the request. Staff understands that the applicant wants to provide outside shelter for the users of the Lawrence Community Shelter. However, staff would prefer a structure that is more compatible with the historic district in which the property is located, in order to not damage the “site and environment” as stipulated in Standard 1.
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Staff is of the opinion that the continued primary use of this property as a Homeless or Transient Shelter will meet the intent of the Secretary of the Interior’s Standards if the Special Use Permit identifies additional conditions to ensure the “…property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.”
E. STAFF RECOMMENDATION
In accordance with the Secretary of the Interior’s Standards, and the standard of evaluation, staff recommends the Commission approve the proposed Special Use Permit and make the determination that the proposed project does not encroach upon, damage or destroy listed historic properties and their environs with the following conditions:
1. The applicant remove the noncompliant fence and carport;
2. If a structure allowing for outside shelter is to be provided, the applicant submit drawings of a compliant structure(s) to the Historic Resources Commission prior to their installation for approval;
3. This recommendation is given with the understanding that the City Commission must approve the associated Special Use Permit. Approval of this request by staff or the HRC does not guarantee the City Commission will approve the associated Special Use Permit;
4. The applicant shall comply with all of the terms and conditions of the Special Use Permit as approved by the City Commission.