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Lawrence historic resources Commission
Agenda Meeting march 16, 2017 6:30 pM
Action summary
Commissioners present: Bailey, Buchanan, Evans, Fry, Hernly
Staff present: Cargill, Pepper, Simmons, Zollner
ITEM NO. 1: CoMMUNICATIONS
A. No communications that were not provided prior to the meeting.
B. No ex-parte communications.
C. Declaration of abstentions for specific agenda items by commissioners. Commissioner Hernly abstained from Administrative Approvals DR-17-00024 & DR-17-00034.
D. No Committee Reports
ITEM NO. 2: Consent agenda
A. December 15, 2016, January 19, 2017, & February 16, 2017 Action Summaries
B. Administrative Approvals
1. DR-17-00014 1000 Massachusetts Street; Facade Rehabilitation; Downtown Design Guidelines Review.
2. DR-17-00016 707-709 W. 12th Street; Site Plan; State Law Review
3. DR-17-00024 717 Massachusetts Street; Interior Remodel; State Law Review
4. DR-17-00026 816 Massachusetts Street; Rental License; State Law Review
5. DR-17-00030 746 Massachusetts Street; Mechanical Permit; State Law Review
6. DR-17-00031 120 E. 9th Street; Sign Permit; Certificate of Appropriateness and Downtown Design Guidelines Review
7. DR-17-00034 717 Massachusetts Street; Sign Permit; Downtown Design Guidelines Review, State Law Review and Certificate of Appropriateness
8. DR-17-00037 1320 New Hampshire Street; Residential Remodel; State Law Review
9. DR-17-00042 815 Massachusetts Street; Rental License; State Law Review
10. DR-17-00047 933 Massachusetts Street; Sign Permit; Downtown Design Guidelines Review and Certificate of Appropriateness
ACTION TAKEN
Motioned by Commissioner Fry, seconded by Commissioner Evans, to approve the December 15, 2016 Action Summary with one revision (Buchanan), and defer the January 19, 2017 and February 16, 2017 Action Summaries.
Unanimously approved 5-0.
Motioned by Commissioner Bailey, seconded by Commissioner Fry, to approve Administrative Approvals 1, 2, 4, 5, 6, 8, 9, & 10.
Unanimously approved 5-0.
Motioned by Commissioner Bailey, seconded by Commissioner Fry, to confirm Administrative Approvals 3 & 7.
Motion carried 4-0-1 with Commissioner Hernly abstaining.
ITEM NO. 3: PUBLIC COMMENT
Mr. Dennis Brown, Lawrence Preservation Alliance (LPA), said he was humbled to be a part of the LPA while reading staff reports for the landmarks on the agenda. He said they made a decision to defer one landmark due to an initial reaction from the neighborhood association, but will bring it back as long as they have owner authorization.
Commissioner Hernly asked if they would talk to the neighborhood about possible district nomination.
Mr. Brown said yes.
Commissioner Hernly said it would be worthwhile to talk with them about the state tax credits available.
Mr. Brown said he hopes the neighborhood will also reach out to the HRC and feels they are primed for a great historic district.
Ms. KT Walsh said there’s a new simplified plan for E 9th Street and she is very pleased and feels it is much more appropriate. In support of brick sidewalks, they do plan to restore those on the new plan. She said Phil Collision talked with the vo-tech school about partnering with a masonry program.
ITEM NO. 4: L-17-00035 Public hearing
for consideration of placing the property located at 1510 Stratford Road, the Chewning
House, on the Lawrence Register of Historic Places. Submitted by Lawrence
Preservation Alliance on behalf of David Benson and Nadezhda Galeva, the
property owners of record. Adopt Resolution 2017-04, if appropriate.
ITEM NO. 5: L-17-00036 Public hearing for consideration of placing the property located at 200 Nebraska Street, the Lee Zimmerman House, on the Lawrence Register of Historic Places. Submitted by Lawrence Preservation Alliance on behalf of Heidi Lynn Gluck and Robert Raymond Hurst, the property owners of record. Adopt Resolution 2017-05, if appropriate.
STAFF PRESENTATION
Ms. Zollner presented the item.
Commissioner Buchanan asked why Criteria 4 is not being applied
Ms. Zollner said in the past, that criterion has never been used for architecture, only for a technique to study.
Commissioner Buchanan feels like this is a great example for education purposes.
Ms. Zollner said that is up to the Commission, but typically that particular criterion is used for things such as construction of stone fences.
Commissioner Bailey asked if that would affect the report to the City Commission.
Ms. Zollner said yes. She explained how to change the language to include that revision.
Commissioner Evans asked how staff factors in the quality of the example.
Ms. Zollner said staff uses the multiple property documentation form and similar properties within the city are surveyed.
Commissioner Evans asked about the architectural integrity.
Ms. Zollner said integrity speaks to sense of place and time, location, and materials. The Commission can discuss whether it is architecturally significant.
Commissioner Hernly asked who the architect was for this home.
Ms. Zollner said Warren C. Heylman, the brother-in-law of Lee Zimmerman.
APPLICATION PRESENTATION
Ms. Katy Clagett, LPA, spoke about the architect for the property. She said LPA feels the property is super unique and it will be a compelling addition to the Lawrence Register.
NO PUBLIC COMMENT
BOARD DISCUSSION
Ms. Zollner mentioned that Archie Jameson, 225 Dakota Street, made a phone call to staff and is not supportive of the nomination.
Commissioner Hernly said there are many residential buildings of this time period in Lawrence that are attributed to high style prominent architects around the country- this particular example stands out in its adherence to mid-century modern design, and also feels the relationship to the Zimmerman family is important. He supports the nomination.
Commissioner Bailey asked if anyone else wanted to propose other criteria for nomination.
Commissioner Buchanan spoke about the architect and his uniqueness.
Commissioner Bailey feels the structure is unique.
Ms. Zollner explained the appropriate way to include additional criteria would be to defer the item to allow staff time to compile documentation to support those criteria. She also explained why the Zimmerman association wasn’t mentioned in criteria for the staff report.
Commissioner Buchanan said that name comes up frequently when researching Lawrence history.
Commissioner Bailey said the connection may be too remote for this property.
Ms. Zollner said it would just require further study to be included as criterion for nomination.
Commissioner Buchanan asked if the applicant can help with research.
Ms. Zollner said that would be up to the applicant.
Commissioner Buchanan directed the question to the applicant.
Ms. Clagett said yes, they would be willing to help with research.
Commissioner Hernly asked if that additional criterion would impact other properties.
Ms. Zollner explained the hierarchy when attempting to associate multiple properties with a person.
Commissioner Evans said he struggles with this nomination due to the property’s architectural quality and style.
Commissioner Buchanan asked what benefit the additional criteria will provide.
Ms. Zollner said there’s no difference for the number of criteria listed, the documentation just needs to be provided for each.
Commissioner Hernly agreed; however, he feels an association with a person in Lawrence makes it less dependent on architectural significance and adds to the significance of the nomination. He agreed it is not an architectural gem or a high style example of mid-century modern architecture, but its significance is with people in Lawrence who were doing significant things in Lawrence. He would prefer the property be listed based on Criteria 3 & Criteria 4.
Commissioner Buchanan said she thinks it’s important for the Lawrence Register to have a variety of properties, which this property will provide.
ACTION TAKEN
Motioned by Commissioner Buchanan, seconded by Commissioner Hernly, to direct staff to compile documentation supporting Criteria 3 and 4 and to include more information on the architect and his significance in the modernist movement, how it meets a niche of architecture, the property’s association with Lee Zimmerman and Zimmerman Steel, and Zimmerman’s impact on the building of Lawrence and his philanthropy. In addition, staff will draft a resolution to support the nomination.
Unanimously approved 5-0.
ITEM NO. 6: Consider Requests for Rezoning Multiple Properties in East Lawrence. State Law Review and Recommendation to the City Commission.
STAFF PRESENTATION
Ms. Becky Pepper presented the zoning component of the items.
A. DR-17-00113 Zoning Case Z-17-00098 RM24 to RS5
STAFF PRESENTATION
Ms. Zollner presented the item.
NO PUBLIC COMMENT
BOARD DISCUSSION
Commissioner Hernly said having properties zoned in a category that matches their use is a good thing and he supports
Commissioners Bailey & Fry agreed.
Commissioner Buchanan asked about the three exempt properties.
Ms. Pepper said those particular properties- 800 block of New York Street, 826 Rhode Island Street, 801 New Jersey Street - have already begun their development process.
Commissioner Buchanan asked what zoning would be in place if they are destroyed.
Ms. Pepper said they will maintain their RM24 zoning district so they would be permitted to rebuild those structures.
Commissioner Buchanan asked if they can add a condition that changes the zoning in the event those structures must be replaced.
Ms. Pepper said no.
Commissioner Hernly asked if a property must change its use if the zoning changes and is nonconforming, such as a duplex being rezoned to RS5.
Ms. Pepper said there are no duplexes being rezoned to RS5- she confirmed that there are no uses in place that would become nonconforming if rezoned to RS5.
Commissioner Fry asked about single family homes subdivided into several rental units.
Ms. Pepper those are zoned multi-family and are not being changed.
Ms. Zollner said the HRC has already approved a duplex for two of the exempt properties.
ACTION TAKEN
Motioned by Commissioner Buchanan, seconded by Commissioner Fry, to approve the State Law Review for DR-17-00113, including the exemption of properties in the 800 block of New York Street, at 826 Rhode Island Street, and 801 New Jersey Street.
Unanimously approved 5-0.
Motioned by Commissioner Bailey, seconded by Commissioner Hernly, to forward comment to the Planning Commission and City Commission that the proposed zoning amendment does not encroach upon, damage, or destroy any identified historic properties.
Unanimously approved 5-0.
B. DR-17-00114 Zoning Case Z-17-00099 RM24 to RM12D
STAFF PRESENTATION
Ms. Zollner presented the item.
PUBLIC COMMENT
Mr. Brent Morrison, 1022 Avalon Road, said he’s an owner of 812 Rhode Island Street. He explained the history of the property and why he does not support the rezoning, particularly for his own property, because he could not rebuild as is. He noted that his property is in a historic district.
Mr. Morrison’s property falls under the previous agenda item, DR-17-00113.
Commissioner Hernly asked if his property is a 50 ft wide lot.
Mr. Morrison said yes.
Commissioner Hernly clarified the building requirements for each zoning designation.
Commissioner Bailey reminded them that they are determining the historic impact of the zoning on these properties. He asked Mr. Morrison if his primary concern is his ability to rebuild.
Mr. Morrison explained that he’s concerned he won’t be able to rebuild but is also worried about other properties that would not be able to rebuild as they are now.
Commissioner Hernly suggested he speak at Planning Commission.
Ms. Pam Blackburn, 830 Connecticut Street, said things that are rezoned to RM12D can rebuild as a duplex, but accessory dwelling units cannot rebuild as accessory dwelling units. She said they worked very hard to identify the areas. She hopes they will recommend the rezonings going forward to preserve the neighborhood, primarily because RM24 allows density and taller structures that are not appropriate.
Mr. Jim Slough, owner of 812 Rhode Island Street, said he currently has a building permit and asked if he can rebuild with two units under RM12D zoning.
Ms. Pepper said that’s correct, staff will take those properties to the Board of Zoning Appeals (BZA) for a variance on lot area.
Mr. Slough feels the zoning changes will only speed gentrification.
Mr. Peter Shenouda, owner of 804-806 New Jersey Street and 825 Connecticut Street, said parking is a limitation when zoning to RM12D. He feels the neighborhood has improved and is not in jeopardy as is. He feels the neighborhood should only be worried about Pennsylvania Street.
Ms. KT Walsh talked about the North and South Rhode Island Street Historic Districts that saved many homes years ago. She appreciates Mr. Morrison’s comments and his preservation efforts, but feels his block has already lost so much and the home next door is culturally significant so she would hate to see it torn down for a duplex. She supports the zoning changes. She asked Ms. Pepper about a property they spoke previously about at 633 Connecticut Street.
Ms. Pepper said she would be sure to get Ms. Walsh the requested information.
Mr. Mike Goins, LPA, said they feel appropriate zoning, for any neighborhood, is the strongest thing they can do to get it on par for its actual use. Since Old West Lawrence was rezoned, there has not been a structure torn down or rebuilt except those damaged by fire. He said the neighborhood is allowed to remain what it was, a single family neighborhood. He explained that the area south of 9th Street between Arkansas Street & Mississippi Street currently has three demolition permits and is no longer a single family area. He feels zoning works, and the effort of the City and the East Lawrence Neighborhood Association is commendable and historically significant.
Mr. Morrison asked for clarification about the variance component.
Ms. Pepper said staff will take the variances to the BZA for a variance on lot area to bring those nonconforming properties into compliance.
ACTION TAKEN
Motioned by Commissioner Buchanan, seconded by Commissioner Hernly, to approve the State Law Review for DR-17-00114.
Unanimously approved 5-0.
Motioned by Commissioner Bailey, seconded by Hernly to forward comment to the Planning Commission and City Commission that the proposed zoning amendment does not encroach upon, damage, or destroy any identified historic properties.
Unanimously approved 5-0.
C. DR-17-00115 Zoning Case Z-17-00100 RSO to RS5
STAFF PRESENTATION
Ms. Zollner presented the item.
They discussed which properties included in the rezoning are listed.
PUBLIC COMMENT
Mr. Barry Shalinski, 1001 West Coral Street, Tampa FL, is the owner of 633 Connecticut Street and 645 Connecticut Street. He supports the item and felt it would be useful to explain the history of the current RSO zoning.
ACTION TAKEN
Motioned by Commissioner Bailey, seconded by Commissioner Hernly, to forward comment to the Planning Commission and City Commission that the proposed zoning amendment does not encroach upon, damage, or destroy any identified historic properties.
Unanimously approved 5-0.
D. DR-17-00116 Zoning Case Z-17-00101 RSO to RM12D
STAFF PRESENTATION
Ms. Zollner presented the item.
PUBLIC COMMENT
Mr. Barry Shalinski, 1001 West Coral Street, Tampa FL, owner of 645 Connecticut Street, feels this is an upzoning. He would like to maintain the option to have offices there and is not in favor of the zoning change.
BOARD DISCUSSION
Commissioner Hernly asked if 645 Connecticut Street is a double lot.
Ms. Zollner said yes.
Commissioner Hernly asked if under RSO (current zoning) it could have a duplex plus an office.
Ms. Pepper said that might depend on parking but she would need to look into it.
Commissioner Hernly asked if RM12D does not support office units.
Ms. Zollner said that is correct.
Commissioner Bailey feels concerns over future use are outside of the Commission’s prevue.
Commissioner Hernly said the current use has, at some point, included an office use which would not be supported by the change in zoning.
Ms. Zollner said an professional office in a residence is considered a Home Occupation.
Commissioner Hernly asked if a home office component could be possible in the RM12D zoning.
Ms. Zollner said yes. She suggested they could make an additional comment regarding the office component of the property.
They discussed possibilities for that lot based on the proposed zoning.
Commissioner Bailey said he’s not comfortable discussing possibilities given the scope of their possible actions on the item.
Ms. Zollner suggested their comment could include concerns for the existing and proposed zoning.
Commissioner Evans asked what staff’s rationale was behind the rezoning initiation.
Ms. Pepper said it is intended to align the existing use with an appropriate zoning district.
Commissioner Bailey asked if the proposed zoning will preclude someone from including an office component later down the road.
Ms. Pepper said their avenue would be a Home Occupation, a Special Use Permit for office use in that zoning would not be permitted.
Ms. Zollner said they could have used the adaptive reuse section of the code but it was changed a couple years ago to disallow detached single dwellings from using a Special Use Permit to convert to an office use.
Ms. Katherine Simmons said there are two types of Home Occupations- the type with clients traveling to your home office is a Type B which requires registration through the Planning office.
Commissioner Hernly asked if that would be allowed in RM12D.
Ms. Simmons said yes.
ACTION TAKEN
Motioned by Commissioner Hernly, seconded by Commissioner Bailey, to forward comment to Planning Commission and City Commission that the proposed zoning amendment does not encroach upon, damage, or destroy any identified historic properties.
Unanimously approved 5-0.
E. DR-17-00117 Zoning Case Z-17-00102 RSO to RM24
STAFF PRESENTATION
Ms. Zollner presented the item.
Ms. Pepper said they discovered the property was once multi-family but is being converted to single family so staff will be contacting the property owner to determine their preference in zoning.
Ms. Zollner said this property had an addition and new detached garage.
PUBLIC COMMENT
Mr. Barry Shalinski, 1001 West Coral Street, Tampa FL, said his only objection was rezoning this from a single family to a more dense use would be inappropriate. He hopes this item will be withdrawn.
Ms. KT Walsh said this property formerly had eight apartments that created a lot of problems. She said it was then sold to a family and should be zoned accordingly to single family.
ACTION TAKEN
Motioned by Commissioner Bailey, seconded by Commissioner Fry, to forward comment to the Planning Commission and City Commission that the current zoning district does not encroach upon, damage, or destroy any identified historic properties.
Unanimously approved 5-0.
F. DR-17-00118 Zoning Case Z-17-00103 CS to RS5
STAFF PRESENTATION
Ms. Zollner presented the item
Ms. Pepper explained staff’s recommendation.
Commissioner Hernly asked if the building on 305 E 7th Street is a house.
Ms. Zollner said it is a house and tax office.
Commissioner Bailey asked if the State Law Review relates to 305 E 7th St.
Ms. Zollner said yes. She continued explaining details of the case.
Ms. Pepper clarified that 747 New Jersey Street is a residential structure that’s zoned for commercial.
PUBLIC COMMENT
Ms. Phyllis Payne said she recently inherited the property at 305 E 7th Street. She explained the history of the property.
Mr. James Dunn, 936 Kentucky Street and owner of 705 & 711 Connecticut Street, said he’s interested in keeping the CS zoning for both properties.
Ms. KT Walsh supports the office remaining a commercial zoning due to its history and because it shares the lot. She does not support 705 Connecticut Street going to CS zoning.
COMMISSION DISCUSSION
They discussed deferring the State Law Review to April for a revised staff recommendation.
ACTION TAKEN
The State Law Review for 305 E 7th Street is deferred until the April meeting.
Motioned by Commissioner Bailey, seconded by Commissioner Fry, to forward comment to the Planning Commission and City Commission that the proposed zoning amendment for 705 Connecticut Street, 837 Connecticut Street, 839 Connecticut Street, and 845 New York Street, and maintaining the current CS zoning for 305 E 7th Street, does not encroach upon, damage, or destroy any identified historic properties.
Unanimously approved 5-0.
G. DR-17-00119 Zoning Case Z-17-00104 CS to RM12D
STAFF PRESENTATION
Ms. Zollner presented the item.
NO PUBLIC COMMENT
ACTION TAKEN
Motioned by Commissioner Buchanan, seconded by Commissioner Evans, to approve the State Law Review for DR-17-00119.
Unanimously approved 5-0.
Motioned by Commissioner Buchanan, seconded by Commissioner Evans, to forward comment to the Planning Commission and City Commission that the proposed zoning amendment does not encroach upon, damage, or destroy any identified historic properties.
Unanimously approved 5-0.
ITEM NO. 7: MISCELLANEOUS MATTERS
A. No comment on Zoning Amendments, Special Use Permits, and Zoning Variances received since February 16, 2017.
B. No demolition permits received since February 16, 2017.
C. Miscellaneous matters from City staff and Commission members.
Commissioner Hernly asked about the deferral of the West Hills listing and if the neighborhood meeting will be regarding that property only. He feels the meeting is an opportunity to inform the neighborhood of the potential advantages of listing properties.
Ms. Zollner said she would be attending and can explain those benefits.
ADJOURN 9:41 PM