Memorandum

City of Lawrence

Planning Department

 

TO:

David L. Corliss, City Manager

FROM:

Scott McCullough, Director

DATE:

November 25, 2014

RE:

920 Missouri St. Project Update

 

Background

On October 28, 2014 the City Commission received information related to a development project located at 920 Missouri Street.  The property contains a 3-story Detached Dwelling and an accessory garage on a 9,900 sq. ft. parcel (75’ x 132’).  The property is zoned RM12D and is located within the boundaries of the Oread Neighborhood Plan.  It is not included in a historic district.  The RM12D district permits several types of housing, including duplex (permitted) and Detached Dwelling (with a special use permit).  The maximum dwelling units per acre is 12, which yields two units permitted on the subject property.

 

 

A demolition permit was submitted by Joe Keating on September 23, 2014 to demolish the house and garage.  Issuance of a demolition permit is ministerial in nature, requiring notice of the application to be published in the newspaper and a thirty day waiting period from the date of submittal by which to disconnect utilities and ensure that staff reviews any issues associated with the request in an accurate manner.

 

Subsequent to notice of the demolition request, the neighborhood became active in opposing the demolition and construction of a duplex.  A petition opposing the demolition of the structure was presented to the City Commission on October 14, 2014.

 

Staff has discussed a number of options for the property with the owners, Joe and Gina Keating.  The owners intend for this property to be a rental property and have reported that the existing house is in need of repair and remodeling.  The options discussed included:

 

  1. Maintain and remodel the structure for use as a rental property.
  2. Maintain the structure and add an addition to it, thereby converting it to a duplex.
  3. Maintain the structure and request a special use permit (SUP) to construct a second Detached Dwelling to be constructed.
  4. Demolish the structure and construct a duplex.
  5. Demolish the structure and request a special use permit to construct two new Detached Dwellings on the property.

 

In a meeting with the City Manager, Planning Director, and Historic Resources Administrator on October 20, 2014, pros and cons of all of the options were discussed and the Keatings advised that they desired to accommodate the neighbors’ concerns related to demolishing the existing residence.  They stated they would apply for a special use permit to allow them to demolish the existing accessory garage and replace it with a Detached Dwelling/garage structure.  The existing house would remain and would be repaired if the SUP was approved.  On October 21, 2104 a special use permit application was submitted requesting that a second Detached Dwelling unit be permitted on the property.

 

Subsequent to the submittal of the SUP, Mr. Keating advised staff that he instead desires to construct the second unit as an addition to the existing house, thereby converting it to a code-complaint duplex structure.  A building permit was submitted on November 21, 2014 (see attached plans) and the SUP application was withdrawn on November 4, 2014.  Mr. Keating has requested issuance of the permit to demolish the accessory garage to begin the project while the building addition plans are processed.

 

The owners have cited in their letter dated October 21, 2014 time delays and additional costs to accommodate the desires of the neighborhood.  Because of this, they have requested a waiver of all city fees associated with the new construction and remodel work – permit fees, utility connection fees, etc.

 

Discussion

The owners are attempting to accommodate the request of the neighborhood by foregoing the demolition of the house.  However, they have stated that they purchased the property with the knowledge that the code afforded them the ability to add a dwelling unit.  The latest plan to add an addition to the existing structure is code compliant and, in staff’s opinion, addresses the neighborhood’s desire to keep the existing house. 

 

In meeting with the owners to seek solutions to the neighborhood opposition, city staff and the owners discussed waiving development fees, (which are estimated to total $5,010.00) as a way to incentivize the owners to take a different course of action than originally planned.  They have done so and so staff encourages the City Commission to waive the building permit and utility connection fees in this unique instance where the owner has foregone their code-compliant development to accommodate the request of the neighborhood.

 

Action Requested

Affirm staff’s administrative issuance of the demolition permit for only the accessory garage (not the house) and waive building permit and utility connection fees as appropriate for the proposed building addition to add a second unit on the property.