Memorandum
City of
Planning & Development
Services
|
TO: |
David L. Corliss,
City Manager |
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FROM: |
Brian Jimenez, Code
Enforcement Manager |
|
CC: |
Scott McCullough,
Director Planning & Development Services Kurt Schroeder,
Assistant Director Development Services |
|
Date: |
February 10, 2014 |
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RE: |
1321 Tennessee
Street |
Background
The structure at 1321 Tennessee Street (two story multi-dwelling house) suffered a significant fire on July 21, 2013. The structure suffered fire damage that rendered the structure as uninhabitable resulting in the displacement of all residents that had occupied the four dwelling units within the structure. On July 22, 2013, staff placarded the building as condemned and the building was secured. Staff contacted Richard Kupper (owner) and asked that he remove the rear stair case to the 2nd floor entrance on the southwest corner of the house to prevent access. He complied with that request. In early September, the city received insurance proceeds in the amount of $28,095 as required per city code.
Staff began monthly contact with the Mr. Kupper during the months of September, October, November, and December of 2013 to remind him that he must make a decision to either sell, rehabilitate, or demolish the structure. During these conversations, Mr. Kupper consistently told staff that his objective was to sell the property “as is” or begin the rehabilitation of the structure. He did not anticipate demolition being an option. Mr. Kupper stated he would continue to work on his plan and would contact staff of any updates. During this time period, staff initiated all phone calls as Mr. Kupper never called staff to provide an update.
On January 17, 2014, staff phoned Mr. Kupper to see if there was anything of significance that he could report to staff regarding the status of the property. Mr. Kupper could not provide any specific information other than to say he was trying to determine whether he would sell or rehabilitate the structure. Staff informed him that the city would have to move forward with a public hearing on the matter as the structure needed to be repaired or demolished. Mr. Kupper acknowledged the city’s position and stated he understood.
On February 10, 2014, staff called Mr. Kupper and left him a message advising him the city would proceed with placing a public hearing resolution on the February 18, 2014 City Commission agenda for adoption. Staff asked that he return the call if he had questions.
Staff did not receive a return phone call; however, staff did reach him on February 12, 2014. Mr. Kupper stated he was working with an architect who was currently preparing blueprints for submittal. He further stated he had decided to save the existing structure in its entirety. Staff directed him to contact the planning office to make sure the proposal he had for the property would be in compliance with applicable Development Code regulations to avoid delays in the review process.
Staff reiterated that the city would continue with the public hearing and that he should plan to attend. Mr. Kupper thanked staff for the information and once more affirmed he understood that the city must move forward with the process.
Action Requested
Due to Mr. Kupper failing to sell the property or initiate rehabilitation within a reasonable time period; staff has prepared Resolution No. 7058 for adoption which will set a public hearing date pursuant to K.S.A. 12-1750 et. seq. to hear from the owner, the owner’s agent, or any lienholder to show cause why such structure should not ordered repaired or demolished.