Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Scott McCullough, Director Planning & Development Services
Date:	February 5, 2009
RE:	617 W 4^th St.

The City Commission adopted resolution No. 6813 on November 11, 2008, declaring the structure at 617 W. 4 ^th Street unsafe and dangerous and ordering the repair or removal of the structure to commence on or before December 12, 2008.

The item was again discussed by the City Commission at its December 16, 2008 meeting. At that time the Commission unanimously voted to defer consideration of staff’s recommendation regarding the unsafe structure for 30 days to allow for the pulling of all necessary building permits, as determined by Development Services staff.

On January 20, 2009, the City Commission unanimously voted to implement resolution No. 6813 to demolish the referenced structure.  This decision was the result of Ms. Jeanette Denton, Co-Executor of the Estate, failing to meet the requirements that the Commission set forth on November 11, 2008 to rehabilitate the structure. The attached memorandum provides a detailed account of the previous action taken by the Commission along with staff’s recent conversations with Ms. Denton and Michael Downs, owner of A Total Improvement Co., LLC. 

During a meeting on January 30^th, Mr. Downs submitted a building permit application.  Mr. Downs confirmed his commitment to the project and stated he was ready to begin work. Staff reviewed the documents and determined that the submittal was sufficient to perform a complete review and issue a building permit to rehabilitate the structure.  Staff clearly articulated to Ms. Denton and Mr. Downs that the submittal did not lift the order to demolish the structure and that a decision to lift or delay the order and issue a building permit would be the decision of the City Commission given the project’s history. 

Staff is cautiously optimistic that Ms. Denton can successfully rehab the structure; however, there are no guarantees the rehabilitation will be completed once a permit is released.  Staff has used extraordinary resources to date to persuade Ms. Denton to submit a permit application to rehabilitate the structure.  The rehabilitation project could begin with positive results only to succumb to financial difficulties or other unknown problems that can not be forecast.  It is also important to note that a second property in Ms. Denton’s care at 426 Perry Street is actively being pursued as another structure that is a candidate for demolition.   

It is staff’s opinion that the most recent development regarding a building permit submittal should be shared with the Commission at the February 10^th City Commission meeting to confirm the Commission’s previous decision to demolish the structure or to delay implementation of the order and allow the building permit to be released for the rehabilitation of the structure.  If a permit is allowed to be granted, staff would recommend that the order remain standing to insure that progress is being made.  The project would receive regular inspections from Code Enforcement staff and staff would bring the issue back to the Commission if staff believes the order needs to be acted upon.

ACTION REQUESTED:  Review attached memorandum and direct staff as to the appropriateness of delaying the demolition order and granting a permit to rehabilitate the structure located at 617 W. 4^th St.