City of Lawrence

Planning & Development Services

 

TO:

Diane Stoddard, Interim City Manager

 

FROM:

Planning & Development Services Staff

 

CC:

Scott McCullough, Director Planning & Development Services

 

Date:

June 10, 2015

 

RE:

1145 Pennsylvania St. – Summary of Violations and Staff Actions

 

 

This memo advises the City Commission on the status of violations, some on private property and some within the right-of-way, at 1145 Pennsylvania Street and the actions that Staff will pursue to remedy the violations.

 

Background – Land Use and Zoning

 

The property is located at the northwest corner of E. 12th Street and Pennsylvania Street. The structure consists of both commercial and residential space.  The covered dock which fronts Pennsylvania Street is located within the city right-of-way as is the south wall of the structure.

 

Research by staff has confirmed the property has been used in a commercial capacity since at least 1902. Previous commercial uses consisted of a coffee and tea company, grocery stores, a plumbing and wiring company and auction services. In 1970, Freeman Used Furniture began occupancy and remained at the location until 2008.

 

The city’s first zoning ordinance was adopted in 1927 and the property was zoned U-3 (Business District).  A new zoning ordinance was adopted in 1966 which rezoned the property to RM-1 (Multi-Dwelling Residential). In 1983, the property was rezoned to RS-2 (Single-Dwelling Residential).  In 2006, the adoption of the Development Code rezoned the property to its current zoning district of Residential-Single Dwelling (RS5).

 

As a result of the documented commercial use of the property dating back to 1902, which predated the city’s first zoning ordinance in 1927, the property was determined to be conforming at the time of the adoption of that ordinance.   Hence, the property has continued to maintain the nonconforming use status throughout the three zoning re-classifications of the property.

 

 

 

Registration on Nonconforming Use

 

On January 2, 2009, property owners, Douglas and Sheree Nairn submitted an application to the Planning Office for the registration of a nonconforming use for the property. The Nairn’s were the previous owners of Freeman Used Furniture.

 

On January 12, 2009, staff approved their request for the property to be registered as a nonconforming use due to the above-mentioned research indicating the property had been used regularly as a commercial use since 1902. 

 

On May 26, 2009, the Nairn family sold the property to Nick Brown and Shannon Gorres. 

 

In a November 30, 2009 letter, submitted by Mr. Brown and Ms. Gorres to Planning staff, they asked to continue the nonconforming use.  They identified their proposed use in the year 2010 as the following:

 

Our Holistic Health Management Service will rent space in the building for services. Such services will include a Massage Therapy business (seeing approximately 15 people a week), a Yoga Course (2-4 classes a week with 5-10 people in each), and Community Support Agriculture (fresh food distribution once a week for 35 people). Possible future services include nutrition counseling, support groups, and educational workshops, not to exceed 200-300 people a week. Services will vary in time so that parking and outside visits to the neighborhood are not disruptive. Also, we expect that many clients will be from East Lawrence, within walking distance. Noise or external visual disturbances should be minimal. Benefit to the local community will be great.   

 

On December 22, 2009, staff mailed Mr. Brown and Ms. Gorres a letter informing them that their described changes in operation met the provisions of Section 20-1502(b)(3)(ii) of the Development Code as the use would be similar or less intensive than the previous commercial operations located at the property. 

 

Staff further advised that if exterior modifications, building expansions or significant changes in operational characteristics are contemplated at some point in the future, the proposed changes would need to be submitted and reviewed prior to construction or commencement of activities and such changes shall be in accordance to the provisions of Section 20-1502.

 

Site Plan, Property Maintenance and Right-of-Way Violations

 

In the spring of 2014, staff received a complaint regarding the extensive use of the rights-of-way located on Pennsylvania St. and 12th St. and the excessive storage located within the rear yard of the property.  Upon inspection, staff took photos of the conditions.

 

On July 29, 2014, staff mailed a Notice and Order to Mr. Brown and Ms. Gorres identifying code violations of the City’s Property Maintenance Code, Section 302.10 (Exterior Yard Conditions), Section 16-1803, Prohibited Use of the Right-of-Way and Section 18-109 (Trimming and Corner Clearance).  A deadline of August 13, 2014 was identified for compliance to be obtained.

 

The notice initiated correspondence which resulted in staff attempting to work with the owners in bringing the property into compliance.  Unfortunately, improvements to the property were minor and staff continued to receive complaints.   Staff took additional photos on December 3, 2014 that demonstrated the property conditions remained relatively unchanged. 

 

On December 9, 2014, staff mailed Mr. Brown and Ms. Gorres a follow up letter advising them that the previously cited violations remained and that the use as described in their letter to the City dated November 30, 2009 had intensified due to the exterior uses that have developed on the property.  Staff reminded them that their proposed use in 2009 was approved because the described changes in operation were similar or less intensive that the previous commercial operations (Freeman’s Used Furniture). 

 

Staff further informed them that the intensity of the exterior use of the property must be reduced and that if they desired to maintain the current level of activity/use of the exterior, they would have the option to either:

 

1)    Request to the City Commission to expand the nonconforming use through a site plan application with the proper public hearing notice requirements; or

2)    Apply to rezone the property to a commercial zoning district thaw would allow the intended uses. If the rezoning was approved, a site plan to document the proposed/existing uses would be required for administrative review and approval.

 

On January 12, 2015, staff met with Mr. Brown and Loring Henderson briefly to discuss what would be required to bring the property into compliance with all applicable city codes.

 

On January 15, 2015, staff emailed Mr. Brown as a follow up to the meeting and provided him additional information on the process to site plan the property and advised him that a few examples of site plan submittals had been mailed for him to use as a reference in preparing his site plan submittal.  He was also advised that he should identify how he wished to use the public right-of-way and that he could request the City to vacate a portion of the right-of-way to correct the existing building encroachment or pursue a right-of-way agreement to continue using the right-of-way.

 

Since that email, staff has had limited contact with Mr. Brown and has not received a site plan submittal for the expanded use of the approved nonconforming use or a request for the city to vacate a portion of the right-of-way along Pennsylvania St and 12th St. 

 

On May 4, 2015, staff re-inspected the property, took photos and verified the property remains in violation of the following city codes:

 

1)    Property Maintenance Code, Section 302.10 (Exterior Yard Conditions)

a.    The side yard has miscellaneous broken concrete/stones, wood pallets, tomato cages and other debris stored along the south side of the structure. 

b.    Within the rear yard is a large pile of wood that has not been stacked and a pile of broken concrete. 

c.    There is miscellaneous storage of wiring, plastic tubing, boards and various sizes of plastic, buckets/containers lying on the ground. 

d.    There are very large white plastic containers stored against the west wall of the structure. 

e.    Located on the south side of the detached garage are bricks, wood, mounds of debris, two large hay bales and a compost mound. 

f.     Located on the alley against the west wall of the detached garage and stored on the ground are miscellaneous wood and fencing materials.

 

2)    Prohibited Use of Right-of Way, Section 16-1803

a.    There are two white plastic storage containers being utilized as rain basins within the right-of-way.

b.    There are wood pallets and miscellaneous boards stored within right-of-way.

c.    A pile of bricks remains stored within right-of-way.

 

3)    Change of Use, Section 20-1502(b)(3)(ii)

a.    The current use of the property has intensified from the approved use as identified in the approval letter dated December 22, 2009.

 

On June 10, 2015, staff confirmed the property remains in the same condition as observed during the May 4, 2015 inspection.

 

Staff Action

 

Staff advises the City Commission that the following actions will be pursued for the violations on this property:

 

1)    Private property violations - Staff will submit a complaint to Municipal Court to file charges for the above-identified violations on the private property.  As an alternative, the City Commission may want to direct staff to initiate the abatement process whereby staff would clean up the property by removing the items in violation.   All costs incurred would then be assessed to the property owners.

2)    Right-of-way violations - Staff will remove all items stored within the right-of-way located on Pennsylvania Street in the next several weeks with ten (10) days’ notice to the owner that the items will be removed and disposed of at the landfill.  If items get placed in the right-of-way upon the initial clean up, staff will remove the items without notice to the owner.