Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Scott McCullough, Director
Date:	September 22, 2011
RE:	12^th and Haskell Recycling Center

You have requested an update on the enforcement case noted above. 

On May 4, 2010, the Planning and Development Services Department provided a notice of violation to Bo Killough concerning several violations found to be evident at the property, including existence of an “open use of land”, materials stored in the floodplain, and tracking mud on city streets.

Subsequent to the notice, Mr. Killough removed the majority of the materials from the floodplain, has significantly reduced the materials on the property that are contributing to the open use of land, and has requested permission to install a concrete drive to halt the mud from entering onto city streets.

Mr. Killough operates a nonconforming business at the property and one of the main violation matters includes operating a portion of the business as an open use of land.  The initial investigation yielded evidence of significant portions of the property being used for storage of recycling materials.  Since the initial findings were made, Mr. Killough has reduced the open use of land to levels found to be acceptable by staff in the context of the enforcement action.  Staff is currently working with Mr. Killough to formalize a site plan that clearly delineates the boundary of the open use of land.  With this effort, Mr. Killough will have the ability to use a much smaller outdoor portion of the property for a use accessory to the recycling center operated within the structure.

Accepting Mr. Killough’s proposal to reduce the open use of land to an acceptable level will permit staff to also approve a floodplain development permit to permit the installation of a concrete drive, which will greatly reduce the amount of mud being tracked onto the public streets.

Please let me know of any questions.