Memorandum

City of Lawrence

Planning and Development Services Department

 

TO:

Diane Stoddard, Interim City Manager   

FROM:

Development Services Staff

CC:

Scott McCullough, Director Planning & Development Services

Date:

October 30, 2015

RE:

912 Chalk Hill Ct.

 

Background

On September 22, 2015, the City Commission conducted a public hearing regarding the deteriorated condition of the single family house located at 912 Chalk Hill Ct., which is owned by Karen Braley.  After receiving a staff presentation and public comment, the Commission closed the hearing and unanimously adopted (4-0)  Resolution No. 7139, which declared the house to be unsafe and dangerous, and ordered the owner to complete substantial repairs or to raze and remove the house by no later than October 23, 2015.   Resolution No. 7139 further stated that if substantial repairs were not commenced or the structure was not razed and removed by October 23, 2015, the City Commission could, at its November 10, 2015 regular meeting, direct the Enforcing Officer to raze and remove the structure, with all incurred costs and expenses to be assessed against the property.

 

Recent Developments

On October 14, 2015, staff received a phone call from Aaron Janis, a resident of 931 Chalk Hill Ct.  Mr. Janis advised staff he had begun negotiations with Ms. Braley to purchase the property at 912 Chalk Hill Ct., though they had yet to agree on a purchase price.  Mr. Janis further stated he had been interested in purchasing the property for several years in order to rehabilitate the house and resell the property to an owner-occupant.  Mr. Janis attended the September 22, 2015 City Commission meeting to better understand the City’s process in declaring the house unsafe and dangerous.  Staff advised Mr. Janis to provide further updates when appropriate.

 

On October 19, 2015, staff contacted Ms. Braley by phone to discuss her intentions.  Ms. Braley stated she had been removing her personal items from the house and anticipated the house being completely empty within a week.  Ms. Braley further advised she does not have the financial resources to complete the necessary repairs, and also confirmed she is finalizing a purchase price for the property with Mr. Janis.  Ms. Braley acknowledged she understood the City Commission could at its November 10, 2015 meeting direct staff to raze and remove the house if action to repair, demolish or sell the property was not substantially completed or in process.     

 

On October 20, 2015, Mr. Janis re-contacted staff to advise that he and Ms. Braley had come to an agreement on the purchase price, and that he was in the process of completing the title search to verify it was clear and free of any liens.   Mr. Janis confirmed he understood that the City Commission will direct staff on how to proceed.   Mr. Janis advised he will not purchase the property if the City Commission directs staff to raze and remove the house instead of allowing him to rehabilitate the house.  Mr. Janis stated he will attend the November 10, 2015 City Commission meeting to provide a timeline for purchase and transfer of the property, an outline of the repairs that will be completed and an estimated repair completion date.  

 

On October 22, 2015, Ms. Braley re-contacted staff to advise that she and Mr. Janis had agreed on a purchase price and that the sale would occur immediately after the November 10, 2015 City Commission meeting.  Ms. Braley advised she would not be attending the meeting.

 

Staff Recommendation

Defer action on Resolution No. 7139 for 90 days to allow Mr. Janis time to complete the purchase of the property at 912 Chalk Hill Ct. and initiate rehabilitation of the house.

 

Action Requested 

Based on testimony received during the public hearing, defer action on Resolution No. 7139 to provide additional time for sale and transfer of the property, and to allow the new owner to initiate rehabilitation of the house, if appropriate.