Memorandum
City of Lawrence
Planning & Development Services
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TO: |
David L. Corliss, City Manager |
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FROM: |
Development Services Staff |
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CC: |
Scott McCullough, Director, Planning and Development Services |
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DATE: |
September 9, 2014 |
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RE: |
608 Kentucky Street |
Background
On February 24, 2014, staff determined the structural stability of the two-story front porch on the west side of the building at 608 Kentucky Street was severely compromised and imminently dangerous due to substantial deterioration of the north support column; staff posted the structure as unsafe and prohibited further occupancy. Staff had been monitoring the conditions of the porch for several weeks prior to the posting, and noted accelerating deterioration during this period.
On February 26, 2014, staff met with the property owner, Bonita Yoder, to review the dangerous porch conditions and discuss her plans for remediation. Ms. Yoder advised she would immediately hire a structural engineer to provide a report detailing the extent of work required to repair the porch to sound condition. She further stated she was the only occupant of the structure and only entered the building from the alley (rear/east entrance) for use of the rear office area. Staff agreed to issue a modified notice to allow limited access and occupancy of the building with access through rear/east entrance only to rear office area. On February 26, 2014, staff also required Ms. Yoder to install temporary fencing around the front yard perimeter to act as a warning/barrier to people walking on the adjacent public sidewalk or alley, and she complied by the following day.
On February 27, 2014, staff received a structural analysis of the porch conditions from Robert E. Quick. Mr. Quick concluded the north column had suffered significant damage and did not provide adequate support. He noted that the damaged column only affected the porch areas; therefore, the structural concern was limited to the porch, with the interior of the building safe for occupancy during repairs. He further noted there were two options for Ms. Yoder to consider: (1) replace the north column; or (2) remove the roof and install three new columns to ensure the other two columns were not deteriorated or did not further deteriorate in the same manner.
On March 5, 2014, staff issued Ms. Yoder a Notice of Emergency Measures (Imminent Danger) that declared the porch to be in imminent danger of failure or collapse. Staff ordered Ms. Yoder to: (1) hire a licensed contractor to repair the porch; (2) submit a building permit application for review and approval prior to the commencement of work; and (3) provide staff a timeline for the completion of the repair work. The deadline for completion of these items was March 21, 2014.
On March 14, 2014, Ms. Yoder advised staff that Nick Berger (Berger Construction) would complete work to temporarily shore and brace the north porch column, the second story porch floor and the porch roof by March 17, 2014. On March 17, 2014, staff observed the work being completed and verified that shoring and bracing was constructed to temporarily prevent increased movement and/or instability of the porch columns, second story porch floor and porch roof. During the process of shoring and bracing, it was determined that the north column had completely deteriorated from the bottom of the column at the pier foundation to the top of the column (about 20’). It was also noted that portions of the roof framing had extensive wood rot and structural failure. Staff informed Ms. Yoder that although the shoring and bracing eliminated the imminent danger, it was viewed as a temporary solution, and she would need to decide soon whether to repair or demolish the porch.
On March 31, 2014, staff met with Ms. Yoder at the site to determine if she had established a plan to either repair or demolish the porch. She advised she was having a difficult time finding a contractor, but that she was continuing in that endeavor.
On April 3, 2014, due to Ms. Yoder’s failure to hire a contractor and initiate work, staff mailed Ms. Yoder a follow-up letter advising that she that must hire a contractor to commence necessary repair work by May 2, 2014.
From late May through the summer months, Ms. Yoder did not complete any repairs or further shoring/demolition of the porch, nor did she keep staff informed of why the porch remained in its deteriorated condition.
On August 6, 2014, staff mailed a Notice and Order to Ms. Yoder citing all relevant Property Maintenance Code section violations. The notice gave Ms. Yoder until September 3, 2014 to correct noted violations, and notified her she had 20 days from August 6, 2014 to request an appeal before the Building Code Board of Appeals.
On September 3, 2014, Ms. Yoder visited staff and provided a letter stating she wished to appeal the August 6, 2014 notice. Staff informed her she had missed the deadline to file an appeal. On September 8, 2014, staff verbally informed Ms. Yoder the City would pursue demolition of the remainder of the dangerous and deteriorating front porch.
On September 10, 2014, Ms. Yoder provided staff a copy of a September 8, 2014 Agreement between her and Free State Framing, LLC, a licensed class B general contractor, to have Free State Framing conduct investigative and exploratory work on the front porch by September 17, 2014 (in order to assess structural damage and provide Ms. Yoder and estimate of repair costs).
Due to Ms. Yoder’s failure to complete repairs or to demolish the dangerous and deteriorating front porch, staff has prepared Resolution No. 7093 for adoption, which sets a City Commission public hearing date of October 28, 2014, pursuant to K.S.A 12-1750 et. seq., to hear from the owner, owner’s agent, or any lienholder to show why such structure should not be ordered repaired or demolished.
Action Requested
Adopt Resolution No. 7093 to set a City Commission public hearing date on October 28, 2014 to consider ordering the front porch of the building at 608 Kentucky Street to be repaired or demolished.