ORDINANCE NO. 8998

SPECIAL USE PERMIT NO. SUP-14-00049

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR A BED AND BREAKFAST, AS AN ACCESSORY USE TO THE OWNER-OCCUPIED STRUCTURE, ON THAT REAL PROPERTY, COMMONLY KNOWN AS 603 TENNESSEE 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)  (July 1, 2013), as amended, the Governing Body of the City of Lawrence, Kansas, hereby grants to the owner/applicant Special Use Permit, No. SUP-14-00049, for that real property, commonly known as 603 Tennessee Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

LOTS 2, 4 AND THE EAST ½ OF LOT 6 ON PINCKNEY STREET; ALSO, BEGINNING AT A POINT 4 FEET NORTH OF THE NORTHWEST CORNER OF LOT 31 ON TENNESSEE STREET, THENCE NORTH 12 FEET TO THE SOUTH LINE OF LOT 6 ON 6TH (PINCKNEY) STREET, THENCE EAST 6 FEET ALONG THE SOUTH LINE OF SAID LOT 6, THENCE SOUTHWESTERLY TO THE POINT OF BEGINNING; ALL PROPERTY LYING IN THE ORIGINAL TOWNSITE OF THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS

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-14-00049, to have the following special use: Bed and Breakfast, as an accessory use to the owner-occupied structure.

SECTION 3. The Special Use Permit granted in Section 1, supra, and the permitted special use described in Section 2, supra, in addition to being subject to the general conditions established in Chapter 20 of the Code of the City of Lawrence, Kansas, 2013 Edition, as amended, is also subject to the following special conditions:

a.         The Special Use Permit is granted only for Bed and Breakfast, as an accessory use to the owner-occupied structure. Accordingly, the Bed and Breakfast is prohibited from having a resident manager or employees.

b.         The Special Use Permit is only granted for a Bed and Breakfast, as an accessory use to the owner-occupied structure, and, per Section 20-504 of the City Code, as amended, and the approved Site Plan, shall have no more than three (3) guest rooms. Before the owner may employ more than three (3) guest rooms, the owner shall file a new Site Plan and shall seek and obtain from the City a Special Use Permit to use the subject property as a Bed and Breakfast Inn.

c.         The City shall establish a formal monitoring process to insure that the owner is in compliance with the conditions of the Special Use Permit granted by this Ordinance -- a Bed and Breakfast, as an accessory use to the owner-occupied structure -- which monitoring shall occur no less than once every six (6) months for a period of two (2) years, commencing on the date of this Ordinance. The monitoring process shall include, but not be limited to:

(i)         Staff inspections of the interior and exterior of the premises.

(ii)        Staff review of guest logs of the Bed and Breakfast for the preceding six (6) months.

(iii)       Staff review of booking and related websites.

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(iv)       Staff shall request and the owner shall provide a signed affidavit swearing under penalty of law that the owner is operating the Bed and Breakfast, as an accessory use to the owner-occupied structure, in compliance with the conditions of the Special Use Permit granted by this Ordinance and that 603 Tennessee Street is the owner’s primary residence.

(v)        Staff shall provide to the Planning Commission a written report at least once every six (6) months for a period of two (2) years, commencing on the date of this Ordinance. The report shall set forth in detail Staff's conclusion regarding whether or not the owner is in compliance with the conditions of the Special Use Permit granted by this Ordinance.

d.         This Special Use Permit is granted for a period of five (5) years, commencing on the date of this Ordinance. Before the expiration of that five-year period, the owner shall file an application for and obtain a new Special Use Permit before continuing to use the subject property as a Bed and Breakfast, as an accessory use to the owner-occupied structure.

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, 2013 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-14-00049, in accordance with City of Lawrence, Kan., Code § 20-1605 (July 1, 2013), 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 _________, 2014.

 APPROVED:

___________________________________

Mike Amyx

Mayor

ATTEST:

__________________________________

Diane Trybom

Acting City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.