Memorandum

City of Lawrence

Planning Department

 

TO:

David Corliss

FROM:

Lynne Braddock Zollner

CC:

Scott McCullough

Sheila Stogsdill

Date:

June 4, 2008

RE:

June 10, 2008 Agenda Item

 

 

Please include the following item on the City Commission agenda for consideration at the June 10th meeting.

I. Project/Item Description.  At their meeting on April 17, 2008 the Historic Resources Commission (HRC) denied (5-0) the proposed demolition request for the structure located at 1232 Louisiana Street and determined that the proposed demolition would encroach upon, damage or destroy the listed historic properties and their environs.  The subject property is not listed individually or as a contributing structure to any historic district but is located in the environs of the Hancock Historic District and the Oread Historic District, National Register of Historic Places. This application (DR-12-151-07) was reviewed in accordance with the protective measures of the Kansas Historic Preservation Act (K.S.A. 75-2715-75-2725, as amended) that requires the review of projects for their effect on properties listed on the National Register of Historic Places and the Register of Historic Kansas Places. Specifically, the project was reviewed using the Standards and Guidelines for Evaluating the Effect of Projects on Environs (see attached). The City of Lawrence has an agreement with the State Historic Preservation Office for the Lawrence Historic Resources Commission to conduct these reviews at the local level.

 

The applicant is appealing the decision of the HRC to the City Commission in accordance with the associated regulations.

 

 

II. Project Description/History.  The proposed project is the demolition of the structure located at 1232 Louisiana Street.  (Project location map is attached.)  The structure located at 1232 Louisiana Street is a character-defining element of the environs of the Oread Historic District and the Hancock Historic District and appears to retain its architectural integrity. While the subject property is not listed on any register, it is historic (historic is defined as 50 years or older).  1232 Louisiana Street appears on the 1918 Sanborn Fire Insurance Maps. (Attached)  The map indicates that 1232 Louisiana Street has been a two story residential structure in basically the same configuration as it exists today since at least 1918.

 

There is no proposed new construction for the subject property.  

 

The charge of the HRC when reviewing projects for compliance with the State law is focused. For this project, they evaluated the project for its impact on the environs (context) of the listed properties.  To do this, they must evaluate the existing environs and using the Standards and Guidelines for Evaluating the Effect of Projects on Environs they must evaluate the project as described by the applicant.  For this project, the HRC had to evaluate the demolition request and the fact that there is no proposed new construction.

 

At their meeting on April 17, 2008 the HRC found that the proposed project did not meet the Standards and Guidelines for Evaluating the Effect of Projects on Environs.  Specifically, the HRC found that the proposed project does not meet the following standards and Guidelines.

 

Standards and Guidelines for Evaluating the Effect of Projects on Environs

 

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.

 

4.   Demolition of character-defining buildings, structures, landscape features, etc. in a historic property's environs should be avoided.  When the severity of deterioration requires removal within the environs, compatible reconstruction shall occur.

 

DEMOLITION

 

Recommended

Retain the features that define the character of a listed property's environs when possible.

 

When removal of a character-defining feature or structure is necessary, a new feature or structure that is compatible with the environs should be installed.

 

Not Recommended

Demolition of character-defining features or structures with no plans for compatible replacement features or structures.

 

Demolition of character-defining structure(s) with the intention of creating open space, such as a parking lot or park.

 

The HRC requested that the applicant continue to work with staff and the HRC or Architectural Review Committee (a sub-committee of the HRC) to refine the proposal so that it would meet the overall objectives of the applicant and meet the overall intent of the standards and guidelines.  The main items of concern for the HRC were the demolition of 1232 Louisiana Street and absence of a proposed new structure.  The HRC indicated that if these items could be satisfactorily addressed, the project could meet the standards and guidelines and be approved.  The applicant did not wish to alter the scope of the project and requested the HRC make a determination so that the project could move forward to the City Commission for consideration.

 

Discussion

Review of the project under K.S.A. 75-2715-75-2725, as amended

The City Commission is not being asked to make a determination of whether the project will damage or encroach upon the environs of the listed properties.  That determination was made by the HRC and stands.  Because the HRC has made this determination on behalf of the State Historic Preservation Office, the project can not proceed until the governing body, in this case the City Commission, has made a determination, based on a consideration of all relevant factors, that there is no feasible and prudent alternative to the proposal and that the program includes all possible planning to minimize harm to the listed properties. The City Commission is required to hold a public hearing to determine if there is a feasible and prudent alternative to the proposed project.  If no feasible and prudent alternative is available, the City Commission shall determine if all possible planning to minimize the harm to the listed properties associated with the project has been identified and undertaken.

 

According to the K.A.R. 118-3-1, “Feasible and prudent alternative” means an alternative solution that can be reasonable accomplished and that is sensible or realistic. Factors that shall be considered when determining whether or not a feasible and prudent alternative exists include the following:

(1) Technical issues;

(2) design issues;

(3) the project’s relationship to the community-wide plan, if any; and

(4) economic issues.

 

“Program includes all possible planning” means that the written evidence and materials submitted by the applicant clearly identify all alternative solutions that have been investigated, compare the differences among the alternative solutions and their effects, and describe mitigation measures proposed by the project proponent that address an adverse effect determination from the HRC.

Staff Analysis

Historic Resources Staff is of the opinion that there are feasible and prudent alternatives to the proposed project and that there is additional planning that should be undertaken to minimize the harm to the listed properties. 

 

The applicant wishes to demolish the existing structure. As noted in the HRC staff report, demolition of historic structures is rarely positive for a neighborhood because it destroys the relationships between the structures, landscape features and open space and, as a result, the overall character of the area is diminished.  When possible, staff prefers rehabilitation to retain structures and their relationship to the environs of the listed properties. When it is not feasible to rehabilitate a structure due to the loss of historic fabric, a compatible replacement structure should be constructed to mitigate the adverse impact on the listed property. Compatible is defined as a structure that is fitting in size, scale and massing, materials, and setbacks.

 

The deterioration of 1232 Louisiana Street has been ongoing for some time.  The existing condition of the structure is a combination of neglect and normal deterioration of this building type. The owners of the structure have received notice from the City of Lawrence that the structure is in violation of Section 9-601 of the Environmental Code. (See attached violation notice.) The historic structure located at 1232 Louisiana Street appears to be structurally sound, retains its architectural integrity, and would be eligible for listing as a contributing structure to a historic district for the Lawrence, Kansas, and National Register of Historic Places.  The demolition of this structure is not warranted and does not meet the standards for review.  An alternative for the demolition of this structure would be rehabilitation.  If additional information identifies that the structure is not sound and requires demolition, a new compatible structure should be constructed to mitigate the loss to the environs of the listed properties.

 

State law also requires the City Commission to make a determination that all possible planning has been done to minimize harm to the listed properties.  The applicant has not identified any planning to minimize harm to the listed properties.  Additional planning that should be required to minimize the harm to the listed properties should the City Commission approve this project includes:

 

  • Complete documentation of 1232 Louisiana Street.  This should be done by a professional and should include scaled/dimensioned drawings and photographs.
  • Market the property for 120 days to allow for a proposed project that will meet the needs of the owner and the standards for evaluation.
  • Submission of replacement or development plans for the site. These plans should be reviewed and approved by the Historic Resources Commission before demolition of the existing structure.

 

Staff Recommendation

Historic Resources staff recommends the City Commission hold a public hearing and make the determination that there are feasible and prudent alternatives to the proposed project and that all planning to minimize harm to the environs of the listed properties had not been undertaken. Staff is of the opinion that the project can be redesigned to meet the goals and objectives of the applicant while meeting the intent of the applicable standards and guidelines and protecting the context of these significant cultural resources.

 

Action Request. 

 

The City Commission shall hold a public hearing and make a determination based on a consideration of all relevant factors that there is/is not a feasible and prudent alternative to the proposal and that the program includes/does not include all possible planning to minimize harm to the listed property.

 

 

 

 

Attachments:  HRC Minutes

                   Action Summary

Applicant submittals from HRC meeting

                   Feasibility of Rehabilitation Analysis

                   Cost Estimate of Repairs