ORDINANCE NO. 9669

SPECIAL USE PERMIT NO. SUP-18-00502

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR GROUND FLOOR DWELLING UNITS ON THAT REAL PROPERTY, COMMONLY KNOWN AS 1040 MASSACHUSETTS STREET AND 1041 NEW HAMPSHIRE STREET, LAWRENCE, DOUGLAS COUNTY, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. In accordance with City of Lawrence, Kan., Code §§ 20-1306 and 20-1307(c)(2)  (Jan. 1, 2018), as amended, the Governing Body of the City of Lawrence, Kansas, hereby grants to the owner/applicant Special Use Permit, No. SUP-18-00502, for that real property, commonly known as 1040 Massachusetts Street and 1041 New Hampshire Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

Lots 108, 110, 112, 114, and 116 on Massachusetts Street in the Original Townsite of the City of Lawrence, Douglas County, Kansas (1040 Massachusetts Street);

and

Lots 109, 111, and 113 on New Hampshire Street in the Original Townsite of the City of Lawrence, Douglas County, Kansas (1041 New Hampshire Street (south parcel));

Lot 115 on New Hampshire Street in the Original Townsite of the City of Lawrence, Douglas County, Kansas (1041 New Hampshire Street (north parcel)),

permitting that real property to have that special use set forth in Section 2, infra, subject to the conditions established in Section 3, infra.

SECTION 2. The City hereafter permits the subject real property, as granted in Section 1, supra, in accordance with Special Use Permit, No. SUP-18-00502, to have the following special use: Ground Floor Dwelling Units.

SECTION 3. The Special Use Permit granted in Section 1, supra, and the permitted special use described in Section 2, supra, are subject to the general conditions established in Chapter 20 of the Code of the City of Lawrence, Kansas, 2018 Edition, as amended, and is also subject to the following conditions:

(a) There shall be no ground floor dwelling units with exterior frontage on New Hampshire Street or East 11th Street.

(b) The total square footage of first-floor residential use shall not exceed 50% of the interior square footage of the first floor of the structure on New Hampshire Street.

SECTION 4. Failure of the applicant, owner, or any successor or assign to abide by the requirements of Chapter 20 of the Code of the City of Lawrence, Kansas, 2018 Edition, as amended, or the special conditions established in Section 3, supra, shall be cause for the City to revoke Special Use Permit, No. SUP-18-00502, in accordance with City of Lawrence, Kan., Code § 20-1605 (Jan. 1, 2018), as amended.

SECTION 5. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

SECTION 6.  This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _______ day of May, 2019.

 APPROVED:

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Lisa Larsen

Mayor

ATTEST:

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Sherri Riedemann

City Clerk

APPROVED AS TO FORM:                   

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Toni R. Wheeler

City Attorney