Memorandum

City of Lawrence

Planning & Development Services

 

TO:

Scott McCullough, Director Planning & Development Services

 

FROM:

Brian Jimenez, Code Enforcement Manager

 

CC:

Margene Swarts, Assistant Director Development Services

 

Date:

February 3, 2009

 

RE:

617 W 4th St

 

 

Background

The Commission determined on November 11, 2008, that the structure was in such disrepair that it should be demolished unless significant repairs were made to bring the structure into compliance with all applicable City Codes.  The Commission asked for a timeline for the repairs to be made along with the submittal of a building permit application and the required licensed contractor information.  The Commission voted unanimously to allow for 30 days for this information to be provided for their review.

 

On December 16, 2008, the City Commission received an update regarding the progress which consisted of staff receiving 3 repair bids for the foundation, roof/porch and the removal of all trees that were growing next to the foundation.  The Commission determined this information was an inadequate submittal however they voted unanimously to allow an additional 30 days for Ms. Denton, (Co-Executor of the Estate) to provide the information that was requested.

 

On January 20, 2009, staff informed the City Commission that the only progress made by Ms. Denton was the submittal of one additional estimate for the painting of the structure’s exterior.  Staff advised the Commission that documents pertaining to a timeline for repairs, building permit application, and the required licensed contractor(s) information had not been received. As a result of this information, the City Commission voted unanimously to have the structure demolished as Ms. Denton failed to provide the information the Commission had requested that would have demonstrated Ms. Denton had the financial resources and fortitude to have the structure repaired.

 

On January 26, 2009, staff mailed, emailed and faxed bid requests to 5 contractors: LRM, RD Johnson, Jayhawk Excavating, Lakeview Excavating and Bahm Construction.  The bid deadline was established as 5:00pm, Wednesday, February 4th. Additionally, on this date staff submitted the required demolition permit for the structure.  As of today, our office has not received any bid documents; however two contractors have called to ask questions regarding the bid process.  It is anticipated that staff will receive 2 to 3 bids by the deadline. 

 

On January 29, 2009, Jeanette Denton and Michael Downs, the owner A Total Improvement, Co. LLC. met with staff to submit a building permit application.  Mr. Downs is a City of Lawrence licensed class C contractor which permits him to perform residential construction.  His affidavit of work history indicates he has over 23 years of experience in the construction industry. 

 

During the meeting, staff informed Mr. Downs that the building permit application was lacking in detail and did not meet the requirements of a complete submittal due to the absence of a detailed report of items to be replaced, photos/drawings of the repairs and the absence of a detailed estimate of repairs.  Mr. Downs stated he would work on providing that information and would be in contact either later in the day or on Friday.

 

On January 30, 2009, Ms. Denton and Mr. Downs re-contacted staff and submitted a revised building permit application and all other documents that staff had asked for.  Mr. Downs acknowledged that the estimate of $51,154.23 may be on the low end as he identified in his bid that costs for any floor material, floor joists, rim joist or any walls/bottom plate that would need to be replaced were not included in the estimate as he was unable to fully inspect certain areas of the structure due to trash, wood products and other items that prevented easy access. Mr. Downs stated his first goal was to remove all items within the structure prior to beginning any work.

 

Plan review staff reviewed all documents and determined the information submitted met the requirements for a complete submittal.  Staff informed Ms. Denton and Mr. Downs that the submittal did not negate the order of the demolition by the Commission.  They were told that additional discussion would be required and they would be informed of the decision made.  Mr. Downs did state that he was ready to begin work if the permit was released and he anticipated beginning the job the day of the release. 

 

Mr. Downs stated he was confident that Ms. Denton would be able to fully fund the project as he had already received some financial resources to begin the work and she was working with her attorney, Daryl Graves, to work out the rest of the details.  Ms. Denton stated obtaining additional financing would not be a problem and she understood the repairs of the structure could easily be more than the estimate that Mr. Downs had provided her and the City to review. 

 

Staff provided Lynne Zollner, Historic Resources Administrator, copies of the all building permit documents. Lynne believed that she could approve the permit administratively and would contact staff if she had any questions or concerns.

 

Action Requested

Staff believes this information should be shared with the Commission as a regular agenda item at the February 10th City Commission meeting to confirm the Commission’s position to continue with the procedures for demolition of the structure or to allow the building permit to be released for the rehabilitation of the structure.