Memorandum
City of Lawrence
Planning & Development Services
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TO: |
Thomas M. Markus, City Manager |
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FROM: |
Kurt Schroeder, Assistant Director, Planning & Development Services |
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CC: |
Diane Stoddard, Assistant City Manager Scott McCullough, Director Planning & Development Services Brian Jimenez, Code Enforcement Manager |
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DATE: |
April 20, 2016 |
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RE: |
1231 Pennsylvania Street – Repair or removal of unsafe structures and abatement of exterior premise conditions |
Background
On April 21, 2015, the City Commission conducted an initial public hearing regarding the conditions of the structures and exterior premise at 1231 Pennsylvania Street. After closing the hearing, the Commission adopted Resolution No. 7113 declaring the long-vacant house and accessory structures to be unsafe or dangerous, and ordering the owner (Leon Kimball) to complete substantial structural repairs or to raze and remove the structures by July 22, 2015; the Commission also adopted Resolution No. 7114 ordering the owner to remove accumulated debris, scrap, salvage materials and other scattered items from the exterior premise by June 22, 2015. Both resolutions directed the owner and/or his agent to reappear before the Commission if conditions were not abated.
On August 4, 2015, the Commission received an update on property conditions. City Staff noted the owner’s steady, significant progress toward removal of accumulated debris, scrap, salvage materials, dead/damaged trees and several small, severely deteriorated sheds. After reopening the public hearing and receiving testimony from the owner’s agent, attorney Shelly Wakeman, the Commission granted the owner additional time to complete exterior premise cleanup and to initiate repair or demolition of the remaining structures (the house and large accessory storage structure). Although the Commission did not set a specific deadline, Staff had recommended a 90-day extension.
On December 15, 2015, the Commission was updated on the owner’s progress toward remediation. Staff informed the Commission of the owner’s continued progress during August and early September to remove exterior premise debris, scrap and salvage materials. However, staff noted that no repair or demolition had been initiated on the two (2) remaining dangerous structures, and that no further cleanup of the exterior premise had occurred since mid-September 2015. After re-opening the public hearing, the Commission heard testimony from the owner’s agent, Shelly Wakeman. Ms. Wakeman presented the owner’s plan to substantially complete demolition of the main house structure and to initiate repairs to the large storage shed within 60 to 90 days. Ms. Wakeman advised the Commission of the owner’s intention to eventually re-build a new home on the site or to sell the property if new home construction was not financially feasible. Ms. Wakeman stated the property would remain completely fenced, with the gates wired shut or locked to help prevent unauthorized access. K.T. Walsh, representing the East Lawrence Neighborhood Association, spoke in favor of allowing the owner additional time to remediate property conditions, and offered volunteer assistance to the owner, if the owner agreed.
After closing the December 15, 2015 hearing, the City Commission granted the owner an additional 90 days to: (1) remove remaining accumulated debris, scrap, salvage materials and other scattered items from the exterior premise; (2) demolish the main house structure; and (3) initiate repairs to the large accessory structure (all per the plan presented by Ms. Wakeman). However, the Commission did not direct the Enforcing Officer to demolish and remove the unsafe or dangerous structures and/or to remove the remaining debris, scrap and salvage materials from the premise if the owner failed to comply. A December 16, 2016 letter regarding the Commission’s action was sent to Mr. Kimball and Ms. Wakeman on December 16, 2015.
Status of Remediation by Property Owner
Since December 15, 2015, City Staff has communicated with Ms. Wakeman several times, and has routinely visited the property to observe progress. As of April 20, 2016, there had been no apparent repairs or changes to building and exterior premise conditions, and no permit applications had been filed with Development Services for repair or demolition of the structures. However, security fencing and gates had been maintained and kept secured. Attached are pictures of the exterior premises showing conditions as of April 19, 2016 and as they were on January 30, 2015.
In recent phone conversations, Ms. Wakeman informed staff that several people have expressed interest in buying the property, although no written purchase offers have been received. Ms. Wakeman also stated that the owner and she have contacted two (2) local real estate agents to obtain input on how to best market the property; however, no listing agreement had been executed as of April 19, 2016. Ms. Wakeman indicates the owner has had some health issues over the past several months, which have contributed to delays in plan implementation.
Review Hearing Notice to Owner
An April 1, 2016 letter from staff to both the property owner and Ms. Wakeman informing them of the City Commission review hearing scheduled for the May 3, 2016 Commission meeting. Ms. Wakeman has also been notified of the May 3, 2016 review hearing by telephone and email.
Staff Recommendation
As mentioned above, the Commission has not yet directed the Enforcing Officer to demolish and remove the unsafe or dangerous structures and/or to remove remaining debris, scrap and salvage materials from the property at 1231 Pennsylvania Street if the owner fails to comply with Commission deadlines. Therefore, based on advice of the City Attorney, staff recommends that the City Commission adopt Resolution No. 7160 to set a new public hearing date of June 21, 2016, pursuant to K.S.A. 12-1750 et. seq., to consider ordering the long-vacant single family dwelling and accessory structure at 1231 Pennsylvania Street to be repaired or demolished, and to consider directing the Enforcing Officer to demolish and remove the structures if the owner fails to comply with the Commission order. Staff also recommends, per advice from the City Attorney, that the Commission adopt Resolution No. 7161 (replacing prior Resolution No. 7114) directing the Enforcing Officer to remove remaining debris, scrap, salvage materials and other scattered items from the exterior premise if the owner fails to remove by July 22, 2016, with incurred costs and expenses assessed against the property.
After closing the June 21, 2016 public hearing regarding the unsafe or dangerous structures on the property (scheduled by Resolution No. 7160, if adopted), the Commission would be asked to consider adoption of a new resolution to replace Resolution No. 7113 (unsafe or dangerous structures), originally adopted on April 21, 2015. The new resolution would order the owner to demolish or repair the unsafe or dangerous structures by a specified date, as appropriate, and would direct the Enforcing Officer to demolish and remove the structures if the owner fails to comply, with incurred costs and expenses assessed against the property.
Action Requested
Reopen a public hearing to review the property owner’s progress toward remediation of the unsafe or dangerous building conditions and removal of accumulated exterior debris, scrap, salvage materials and other scattered items from the property at 1231 Pennsylvania Street. After closing the hearing, take the following actions, if appropriate.