Memorandum
City of Lawrence
Planning & Development Services
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TO: |
David L. Corliss, City Manager
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FROM: |
Brian Jimenez, Code Enforcement Manager
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CC: |
Scott McCullough, Director Planning & Development Services
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Date: |
July 17, 2012
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RE: |
1106 Rhode Island
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Background
On May 15, 2012, the City Commission conducted the public hearings for Resolutions No. 6972 (unsafe structures) and No. 6973 (exterior yard conditions). Staff presented a memo dated May 10, 2012, which provided a summary of staff’s enforcement actions regarding the structure violations and a memo dated May 3, 2012 that addressed the exterior yard violations.
After staff’s presentation and comments from the owner and the public, the City Commission directed staff to amend Resolution No. 6972, declaring the structures as unsafe and dangerous and ordering the property owner to repair the structures by July 17, or present a plan to sell or renovate. Likewise, Resolution No. 6973 was amended to reflect the July 17 compliance date as staff confirmed two auctions were scheduled to be completed on May 26 and June 24 that would hopefully eliminate the exterior yard code violations.
On May 16, staff met with Brian Barland to discuss the relevant property maintenance code sections that the structures were in violation of and to discuss what would be required in bringing the structures into compliance. On May 18, staff emailed him copies of those code sections to help the Barland family decide on how they wished to proceed.
On May 29, Brian Barland met with Lynne Zollner, Historic Resources Administrator, to discuss the historic review process. There has been no additional correspondence with Lynne Zollner since that meeting.
Due to the July 17 city commission meeting start time of 3:00pm, the update was moved to the July 24 agenda.
On June 26, staff informed Brian and Robert Barland through email that the update had been moved to the July 24 meeting. On June 30, staff received confirmation from Brian Barland that he had received the notification. In addition, staff offered to meet with the brothers at the property to further facilitate the cleanup/repair of the structures and to answer any questions they might have. Brian Barland told staff through email that he would “try to get a time for this.” Staff has not received additional correspondence since that date.
On July 17, staff inspected the property and took pictures of the exterior yard conditions. Staff observed significant improvements and finds the exterior yard conditions to be in compliance with city code at this time.
The structures remain in the same deteriorated condition as previously discussed at the May 15, 2012 city commission meeting.
As mentioned above, by adopting Resolution No. 6972, the City Commission declared the structures as unsafe and dangerous. As a result of the adoption of the resolution, the owner of the property was ordered to repair the structures or to commence proceedings before the City of Lawrence, Kansas, Historic Resources Commission (“HRC”) to obtain approval of the demolition of said structures by July 17, 2012. In addition, the city commission clearly articulated that if repair or demolition was not pursued then a plan to sell the property should be expected to be presented at the follow up meeting.
Action Requested
None of these options have been pursued by the Barland Family to staff’s knowledge. Therefore, it is staff’s recommendation that the City Commission should initiate the demolition of the structures by submitting the required documents to the HRC for their review.
If HRC approves the demolition of the structures, staff will proceed with the demolition and all costs incurred by the City, less any receipts for the sale of salvage will be collected in the manner provided by K.S.A. 12-1, 115 or such costs will be assessed as a special assessment against the real property in accordance with the act.
If HRC denies the demolition permits for the structures; staff would then appeal that decision to the City Commission to make a determination that there is no feasible and prudent alternative and all possible planning has been done to minimize harm to the listed properties.
In this scenario, denial of the demolition permits is presumed by the HRC given findings made by the HRC on April 19, 2012.