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 Kurt Schroeder, Assistant Director Development Services
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Date: |
April 2, 2014
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RE: |
1321 Tennessee Street – Unsafe Structure
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Background
On February 18, 2014, Resolution No. 7058 was adopted by the City Commission setting a public hearing date of April 8, 2014 to review staff’s findings concerning the unsafe condition of the fire damaged two-story structure that contains four two-bedroom apartments. Staff has provided the following pictures and a memo dated February 10, 2014 for the City Commission to review.
Since the adoption of the Resolution No. 7058, staff has been contacted by Fred Schneider, a licensed architect. Mr. Schneider has been hired by Richard Kupper (owner) to facilitate discussions with City staff in determining the legal use for the structure taking in to consideration the number of apartments and parking spaces (5) located on the property.
On March 25, 2014, a meeting was held with Mr. Schneider to discuss the history of the property, and to make a determination on whether the four apartments were legal and could be rehabilitated without requiring additional parking spaces as identified in the Land Development Code.
Staff determined the current four-plex use conforms to the density standards set forth in the Land Development Code. Research revealed a building permit was issued in 1977 for a remodel of the existing four two-bedroom apartments and it appears the five parking spaces have been in existence since that time.
In 1977, the zoning regulations required 1.5 spaces per two-bedroom unit, meaning six parking spaces would have been required. However, site plans for four-plex units were not required by code until 1983 and records for Board of Zoning Appeals from 1977 are limited.
Staff also concluded that based upon aerial photos and a visual inspection, the structure appears to encroach into both the north and south five- foot side yards thus rendering the structure as nonconforming.
Mr. Schneider provided staff a rehabilitation/repair estimate from Nick Berger, owner of Berger Construction, Inc. in the amount of $88,811. The estimate is 58% of the County Appraiser’s 2013 valuation of the pre-fire structure of $152,710. Based on this estimate, the damage is less than 60% of the fair market value.
In accordance with Section 20-1503(e)(2) of the Land Development Code, the structure may be repaired in its former location if a building permit is obtained within 12 months of the date of fire.
Therefore, staff determined the five parking spaces are an existing site condition related to the legal nonconforming use and are sufficient to support the repair of the existing four two-bedroom apartments. Staff advised if a new structure is proposed to replace the existing use, current parking requirements will apply unless a variance is obtained from the Board of Zoning Appeals.
On March 27, 2014, a letter identifying the City’s decision was mailed to Mr. Schneider and Mr. Kupper.
On March 31, 2014, Mr. Schneider advised staff that Mr. Kupper asked him to be present at the City Commission meeting to answer questions regarding the plans to rehabilitate the structure. It is anticipated that Mr. Schneider will present to the City Commission a timeline for a building permit application submittal and a projected completion date.
On April 1, 2014, staff spoke to Nick Berger. Mr. Berger advised he has informed Mr. Kupper that he is ready to move forward as the contractor for the project and is waiting for the construction plans to be completed by Mr. Schneider. He stated his employees and subcontractors will be ready to move forward rather quickly once the building permit has been approved.
As a result of the structure remaining in its fire damaged condition, staff has prepared Resolution No. 7065 for the City Commission to review. The resolution declares the structure as unsafe and dangerous and orders the owner to commence the repair or removal of the structure by April 25, 2014.
Action Requested
Adopt Resolution No. 7065 if appropriate.