Memorandum
City of Lawrence
Planning & Development Services
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TO: |
David L. Corliss, City Manager
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FROM: |
Brian Jim Brian Jimenez, Code Enforcement Manager
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CC: |
Scott McCullough, Director Planning and Development Services
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Date: |
August 26, 2009
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RE: |
1232 Louisiana St.
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The status of the structure located at 1232 Louisiana St remains unchanged since this matter was initially brought before the City Commission on June 10, 2008. The following is a summary of staff’s actions to date.
Background History
On June 10, 2008, the City Commission conducted a public hearing on the property to make a determination based on a consideration of all relevant factors that there was or was not a feasible and prudent alternative to the proposed demolition of the structure by the owner.
The Historic Resources Commission had previously determined on April 17, 2008 that the demolition would encroach upon, damage or destroy the listed historic properties and their environs therefore the HRC Board voted unanimously to deny the demolition request. Planning staff presented a staff report to the City Commission outlining the state regulations pertaining to a standard review of such request and a memorandum that identified the HRC findings.
During this meeting Planning staff reiterated the HRC findings and stated the appeal to the Commission was allowed and the Commission must determine if there was a feasible and prudent alternative and if all possible planning had been done to minimize the harm to the listed property.
At the request of the Commission and with the consent of Price Banks, legal representation for owner, it was agreed upon that staff would inspect the property to provide an update of the scope of deterioration for the structure.
On June 27, 2008, the property was inspected and it was determined that the property had become so out of repair as to be dangerous, insanitary or other wise unfit for human habitation or occupancy. Such determination, under the Property Maintenance Code, Section 110, requires that a structure be either demolished or repaired.
On July 15, 2008, staff provided a report review and the Commissioners agreed during a review of the report that the structure met the criteria of an unsafe structure in its current dilapidated condition. That report is attached for review.
Additionally, staff provided the Commission a letter from Price Banks dated July 8th, 2008 which stated the owner was not prepared to provide redevelopment plans for the property. Mr. Banks requested the Commission find there was no reasonable and prudent alternative to demolition of the structure and he asked for the approval of the demolition permit for the structure. In addition, staff provided the Commission a letter that staff sent to Mr. Banks summarizing the Commission’s direction from the June 10th, 2008 meeting.
The Commission deferred the item to the August 12th, 2008 City Commission meeting to allow staff to draft some findings and come back with additional information regarding feasible and prudent alternatives. In addition, the Commission decided to initiate the rezoning of the property from U (University District) to RM-32 (Multi-Dwelling Residential).
At the August 12th City Commission meeting, staff provided a memorandum providing additional information regarding staff providing proposed findings to support a motion and provided additional information regarding the definition of “program includes all possible planning”. The Commission voted 3-2 to adopt Resolution 6791 with the requirement that included all possible planning to minimize the harm to the listed properties would include the following:
1. Complete documentation of the structure to be demolished shall be conducted by a professional that meets the National Park Service Professional Qualification Standards as prescribed in 36 C.F.R. 61 and shall include scaled drawings and photographs. No demolition permit shall be issued for the Project until the documentation is reviewed and approved by the Historic Resources Administrator. If the documentation is not submitted to the Historic Resources Administrator within 30 days from the adoption of this resolution, the City may produce the documentation with any cost associated with the documentation assessed to the property.
2. The property will be rezoned to an appropriate zoning for the neighborhood. Such rezoning shall include conditions to mitigate potential harm to the listed properties and to ensure proper planning for the site.
4. The property cannot be used as a parking lot once the structure on the property
has been demolished.
Plan has been updated and approved by the City Commission.
On August 22nd, 2008, Planning staff emailed Price Banks and identified what would be required of replacement plans for the property before the structure was demolished.
On November 11th, 2008, the Commission approved the request to rezone the property to RM32.
The Legal Department has been in negotiations with Price Banks and subsequently, Todd Thompson, to provide the complete documentation of the structure conducted by a professional that meets the National Park Service Professional Qualification Standards as outlined in item #1 of Resolution 6791 prior to the issuance of a demolition permit for the structure.
On August 26, 2009, Todd Thompson confirmed through written correspondence that the owner of the property has agreed to have City staff proceed with the historical documentation and has given permission to enter such property to compete the documentation. Once the documentation is completed, the owner has agreed to demolish the structure within 30 days.
Action Requested
Staff recommends that the City Commission initiate the steps to set a hearing date pursuant to K.S.A 12-1750 to order the structure to be repaired or removed.