ACTION SUMMARY DECEMBER 18, 2003
CITY COMMISSION ROOM, CITY HALL, 6 E. 6TH STREET
7:00 P.M.
PRESENT: Commissioners McKenzie, Marvin, Messick, Dean, Stuewe and Hickam.
Staff members Lynne Zollner and Amy Saker
No changes were requested to the November 2003 minutes.
Motioned by Comm. Dean, seconded by Comm. Hickam to approve the minutes of the November 20, 2003 meeting as presented.
Motion carried unanimously, 6-0.
Ms. Zollner listed the following communications:
· Information on Heritage Conservation Network from the State Historic Preservation Office
· New information regarding the boarding house project at 1334 Ohio
· Copy of letter from the Oread Neighborhood Association sent to Staff about issue not on the agenda
· Copy of the letter sent by the property owner to the neighborhood residents near the project at 933 Rhode Island
ITEM NO. 3: DR-11-84-03: 1334 Ohio; Boarding House Renovation; Certified Local Government Review. Submitted by Paul Werner Architects for the property owner of record. The property is located within the environs of the John Palmer and Margaret Usher House (1425 Tennessee) National Register of Historic Places.
APPLICANT PRESENTATION
Lance Adams, Paul Werner Architects, spoke on behalf of the applicant. Mr. Adams explained the property had been remodeled over previous years into a 7-bedroom apartment building. The structure had since fallen into a state of disrepair. The applicant’s intention was to renovate the building into a 12-bedroom boarding house with a single kitchen, bringing the property closer to its original use.
The applicant proposed to remove a rear addition that had been constructed in the 1950’s and which encroached into the adjacent property. A replacement addition was proposed that would provide space for the single kitchen but would conform to the required setbacks.
The new plans provided this evening showed the applicant’s revisions to make the structure ADA compliant/adaptable. These changes included providing an ADA parking space on the street, after review by the Traffic Safety Commission, City Commission, etc., to allow easier accessibility to the structure. Mr. Werner explained where ramps would be constructed to allow ADA access to the building.
The applicant proposed replacing all of the existing windows with ones of similar design that would require less maintenance. The replacement windows would fit the existing window openings if possible while complying with current building code egress requirements for the bedrooms. Staff would be provided with the final window specifications.
PUBLIC COMMENT
No member of the public spoke on this Item.
COMMISSION DISCUSSION
It was noted that the Staff Report and original agenda incorrectly listed the subject property in the environs of the Ludington-Thacher House. This property was actually within the environs of the Usher House.
ACTION TAKEN
Motioned by Comm. Stuewe, seconded by Comm. Dean to approve the Certified Local Government Review for the project at 1334 Ohio, based upon the determination that the project will not encroach upon, damage or destroy any listed property or its environs and subject to the following conditions:
1.
Complete construction documents with window
specifications and material notations. If egress requirements necessitate
changes in the window specifications, staff will review and approve
modifications.
2. Appropriate landscaping will be installed to minimize the visual impact of the ramp and deck on the South and SE corner of the structure.
3. The front porch will be repaired where possible and replaced, if necessary, using in-kind materials.
Motion carried unanimously, 6-0.
ITEM NO. 4: DR-11-85-03: 910 New Jersey; Demolition and New Construction; Certified Local Government Review. Submitted by JLT Construction for the property owner of record. The property is located within the environs of St. Luke African Methodist Episcopal Church (900 New York), State Register of Historic Places.
APPLICANT PRESENTATION
Jeff Torneden, JLT Construction, spoke on behalf of the property owners. He explained the applicants had originally intended to build a garage on the subject property, but had decided demolition of the existing structure and construction of a new structure would be appropriate.
The initial garage plans had been reviewed by Staff, resulting in a recommendation that the accessory structure be relocated to the rear of the property. Mr. Torneden explained the garage had initially been designed in front of the house to allow for an attached design while fulfilling the Code requirement for the garage door to orient perpendicularly to the alley. This orientation would result in an impossible turning radius if the garage were attached in the rear.
It was established that, if attached, the garage door would not have to be perpendicular to the alley. The applicant had no objection to locating the garage in the rear of the property, but maintained a primary objective of attaching the garage for interior access reasons. It was noted that there were few, if any, attached garages in the area.
Mr. Torneden distributed copies of a plan showing an attached garage located in the rear of the property, measuring approximately 17’ X 20’.
PUBLIC COMMENT
Mike Goans, 746 Maine, pointed out the subject property was one of the smaller (50’) lots in Old West Lawrence. He said he would prefer the garage be located behind the house to retain the streetscape.
COMMISSION DISCUSSION
Ms. Zollner explained the rear design addressed Staff’s main concerns:
ACTION TAKEN
Motioned by Comm. Dean, seconded by Comm. Marvin to approve the Certified Local Government Review for demolition and new construction on the property located at 910 New Jersey, based on a determination that the project will not encroach upon, damage or destroy any listed property or its environs and subject to the following conditions:
1. Complete construction documents that reflect the new proposal (as submitted to the HRC at their meeting on December 18, 2003) with material notations Staff will review and approve; and
Motion carried unanimously, 6-0.
ITEM NO. 5: DR-11-86-03: 728
Indiana; Dormer Addition; Certified Local
Government Review. Submitted by Mark Van Vliet for the property owner of record. The property is in the Old West Lawrence Historic District listed on the National Register of Historic Places.
APPLICANT PRESENTATION
Mark Van Vliet, project contractor, spoke on behalf of the applicant, explaining the request to construct a second dormer on the roof of the existing structure at 728 Indiana, similar to the dormer approved by the Commission earlier in July 2003. This addition was proposed to allow more space and light into the upstairs room and also to provide more symmetry between the two sides of the house.
It was noted that the second dormer would not exactly match the first due to interior structural considerations. The kneewalls were different heights and would therefore accommodate a larger window with different division placement. Mr. Van Vliet said the second dormer could be designed to match the first if the Commission determined that was necessary.
PUBLIC COMMENT
No member of the public spoke on this Item.
COMMISSION DISCUSSION
The Commission expressed frustration at being asked to
reconsider an issue they had been tentative about when originally discussed.
It had taken extensive discussion to come to a decision in July and had
included review by the Architectural Review Committee.
While some Commissioners sympathized with the applicant’s desire to modify the structure for more space and light, none of the members felt it was appropriate to allow further changes to this unique structure.
ACTION TAKEN
Motioned by Comm. Stuewe, seconded to Comm. Marvin to deny the Certified Local Government Review for the project at 728 Indiana, based on the determination that the project would encroach upon, damage or destroy a historic property or its environs.
Motion carried unanimously, 6-0.
ITEM NO. 6: DR-11-87-03: 3rd & Maple; Construction of New Warehouse; Certified Local Government Review. Submitted by Mike Nieder, property owner of record. The property is located within the environs of the Union Pacific Depot (402 Locust), State Register of Historic Places.
APPLICANT PRESENTATION
Mike Nieder, property owner, explained this project had appeared before the Commission in March 2003. The current proposal reflected an attempt to incorporate the recommendations made at that time into a new design.
The most obvious change from the original design had been the relocation of the office to the northern end of the structure, to take the best advantage of the windows the Commission had recommended for that end of the building.
The roof pitch had been changed, and Staff recommended it be returned to a 4:12 pitch to reduce its overall size and visibility from the Union Pacific Depot.
The ARC had reviewed the new design per the Commission’s original direction, but had returned the project to the full Commission because of the significant difference between the original and new designs.
PUBLIC COMMENT
No member of the public spoke on this Item.
COMMISSION DISCUSSION
It was noted that the new design better reflected the building’s use as a warehouse.
ACTION TAKEN
Motioned by Comm. Hickam, seconded by Comm. Stuewe to approve the Certified Local Government Review for the construction of a new warehouse at 3rd & Maple, based on the determination that the project would not encroach upon, damage or destroy any listed property or its environs and subject to the following conditions:
1. Applicant screen the parking area with appropriate landscaping;
2. Adjust the roof pitch on the east and west elevations to 4:12 to lessen the impact and overall mass of the roof; and
3. Any changes to the approved plans are approved by the HRC.
Motion carried unanimously, 6-0.
ITEM NO. 7: MISCELLANEOUS MATTERS
A. Review of any demolition permit applications received since the November 20, 2003 regular meeting.
There were no demolition permits for the Commission’s review.
B. Architectural Review Committee and Administrative Reviews since the November 20, 2003 regular meeting.
1. 3rd & Maple
This project was discussed as Item 6 on the regular agenda.
2. Ecke Building
The ARC had done a walk-through of the site with Staff following removal of the tile storefront from the outer walls of the building, as directed by the Commission. The ARC determined there was nothing of historical significance within the building, but would look at the property again when a concept plan for reconstruction was available.
DR-09-70-03: 933
Rhode Island; Demolition of Barn; Certificate of Appropriateness
Review. Submitted by the City of Lawrence. The property is in the environs of the Shalor
Eldridge Residence (945 Rhode Island), Kansas and Lawrence Registers of Historic Places, the
McFarland House (940 Rhode Island), and the Hendry House (941 Rhode Island),
Lawrence Register of Historic Places.
Ms. Zollner explained that Staff had asked the property owner to contact the City with information on previous attempts to preserve the subject property. Staff had been given a copy of the letter - passed on to the Commission - that was sent by the property owner to the area residents.
The property owner claimed in his letter he had appeared before the HRC in Fall 2002, but Staff had been unable to verify this. It was suggested the project had appeared before a different body, perhaps the City Commission (as a site plan). Staff agreed to look further into this issue.
It was also noted that the HRC, when considering this project in November 2003, had taken action only on the CLG portion of the request. A separate action related to the COA was also needed, but could be approved administratively.
It was discussed that the HRC denied the demolition request based on the CLG guidelines. However, COA standards were different and Staff could recommend approval of the demolition request for this separate action. This would have no impact on the Commission’s previous action to deny the CLG.
The City Commission would hear the demolition request on their January 6, 2004 agenda.
DR-10-75-03: 1100 Massachusetts; Signs; Certificate of Appropriateness and Certified Local Government Review. Submitted by Jackie Waggoner for the property owner of record. The property is listed on the National Register of Historic Places. The property is also in the environs of the Watkins National Bank Building (1047 Massachusetts), the English Lutheran Church (1040 New Hampshire), National Register of Historic Places, and South Park, Lawrence Register of Historic Places. The property is also located in the Downtown Urban Conservation Overlay District.
Ms. Zollner explained this Item should have appeared on the November agenda, but negotiations were not complete at that time. Further discussion with the applicant had resulted in a reduction in the size and number of signs.
Mike Goans was allowed to make a public comment and stated the two signs, if allowed as proposed, would be “the largest pieces of sculpture at the courthouse”.
It was established that the two signs would have information on both sides and were located primarily for the benefit of pedestrian traffic.
It was clarified that the pictures being considered – digitally altered to show proposed placement – were of the signs at their original 11’ height. The new proposal was for signs 6’ high.
It was note that information on the signs could be revised as needed and the signs could be removed entirely at a later date with no impact to the historical structure.
DR-10-77-03: 947 New Hampshire; Sign; Certificate of Appropriateness and Certified Local Government Review. Submitted by Luminous Neon for the property owner of record. The property is in the environs of the Hanna Building (933 Massachusetts), the Hendry House (941 Rhode Island), Lawrence Register of Historic Places and the Shalor Eldridge Residence (945 Rhode Island), Lawrence and State Registers of Historic Places. The property is also located in the Downtown Urban Conservation Overlay District.
DR-11-82-03: Riverfront Plaza; Railing; Certified Local Government Review. Submitted by J. Steven Lane for the property owner of record. The property is in the environs of the Consolidated Barb Wire Building (546 New Hampshire), Kansas Register of Historic Places.
DR-11-83-03: 300 W. 9th Street; Sign; Certified Local Government Review. Submitted by Luminous Neon for the property owner of record. The property is within the environs of the Lucy Hobbs Taylor Building (809 Vermont), the Carnegie Library (200 W. 9th Street), the Benedict House (923 Tennessee), and the Old West Lawrence Historic District, National Register of Historic Places.
It was clarified that the existing sign would be replaced with one that showed the temperature as well as the time.
ACTION TAKEN
Motioned by Comm. Dean, seconded by Comm. Messick to approve the Administrative Reviews as presented by Staff.
Motion carried unanimously, 6-0.
C. Provide comment on variance (BZA) requests received since November 20, 2003.
It was noted that the BZA (acting as the Sign Code Board of Appeals) had also approved the courthouse signs with a 4-2 vote.
D. Miscellaneous matters from City staff and Commission members.
· Ms. Zollner asked the Commission to forward to Staff any proposed changes to the Historic Preservation Element of Horizon 2020 so they may be incorporated into the full document. A public hearing on the HP Element would be scheduled for February 2004.
· It was noted that Comm.’s Messick and Stuewe were nearing the end of their second terms and would be leaving the Commission.
· Motioned by Comm. Dean, seconded by Comm. Marvin to approve the 2004 Meeting Schedule as presented.
Motion carried unanimously, 6-0.
· Staff was directed to draft a letter to the State Historic Preservation Office stating the Commission’s support for retention of the environs review process.
· Ms. Zollner explained the letter received from the Oread Neighborhood Association was provided only to inform the Commission how the Association felt about the proposed relocation of Rick’s Bar & Grill into their neighborhood.
PUBLIC COMMENT
Janet Gerstner, who had been a resident of the Oread Neighborhood until recently, spoke about the potential problems with the relocation of Rick’s Bar & Grill into an area that already had issues with four existing neighborhood bars.
Ms. Gerstner explained the neighborhood had objected to the location of the first bar, but this project had “snuck in” while many of the area residents (college professors, etc.) were out of town during the University’s summer break. Other bars had followed, and this intrusion had led to a turnover into rental occupation instead of owner occupation and eventual degradation of the area.
Ms. Gerstner said bars and their associated blight were significant issues related to Historic Preservation and that these uses were not appropriately placed in single-family areas. She said she was not opposed the bar or the owner, but questioned the advisability of this use in its proposed new location. She asked the Commission to carefully review the proposal, asking if the existing zoning would allow such a use.
It was discussed that the project would go before the City Commission as a site plan, and possibly the Planning Commission if platting was needed. There was also the potential for a BZA review related to parking concerns. The HRC would review the project based on the increased intensity of use, even though no exterior modifications were proposed.
If the HRC was not directly involved in the review process, she suggested the Commission forward comment to the bodies that would be considering the proposal.
ADJOURN – 8:20 p.m.
Official minutes are on file in the Planning Department.