Memorandum
City of
Planning & Development
Services
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TO: |
David L. Corliss,
City Manager |
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FROM: |
Brian Jimenez, Code
Enforcement Manager |
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CC: |
Scott McCullough,
Director Planning and Development Services |
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Date: |
July 6, 2009 |
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RE: |
1207 E. 13th;
Resolution 6834 |
On April 28, 2009, the City Commission determined that the remains of a partially demolished foundation at 1207 E. 13th St. was an unsafe condition resulting in the adoption of Resolution 6834, which ordered the remaining structural elements of the foundation to be removed by May 29, 2009. Staff verified the remaining unsafe conditions had been appropriately removed on June 8th.
In addition, staff informed the City Commission that Mr. Miller’s failure to provide a plan to rebuild the principal building (house) had created a non-conforming use regarding the previously attached garage along with the detached garage located at the rear of the property. By allowing the accessory buildings (garages) to remain without a principal building, Mr. Miller created a violation of section 20-533(2) of the Development Code which states the following:
(i) accessory uses shall be a subordinate part of a principal use and be clearly incidental to a principal use
(ii) accessory structures shall be secondary importance and subordinate in size and scaled to the principal building on a site
Mr. Miller, in previous conversations with staff, had indicated he wished to use the accessory buildings for storage as he was unsure if the house would be rebuilt. The City Commission directed that Mr. Miller should inform staff of his plans regarding the rebuilding of the house along with his intended use for the two accessory garages and provide a report of the structural integrity of the recently detached garage by June 29, 2009 in order for the City to determine how to proceed with the accessory garage structures.
As of this date, staff has not received a plan from Mr. Miller regarding his intentions to rebuild a house on the property nor has he provided a structural analysis report for the garage. Staff initiated two phone conversations along with an on site visit of the referenced property in an attempt to schedule a meeting time to discuss his intentions. Mr. Miller advised staff he would be in contact soon to discuss; however, a subsequent contact was never made by Mr. Miller therefore staff cannot provide any additional information.
Action Requested
Direct staff as appropriate. Staff is seeking remedies to resolve this development code matter. It is staff’s recommendation that the City pursues legal relief pursuant to K.S.A. 12-761(b) to commence a civil action or proceeding in District Court or seeks criminal penalties pursuant to K.S.A 12-761(a) to resolve this development code matter.