PLANNING	MEMO
OFFICE

TO:              Linda Finger, Planning Director

FROM:          Lynne Braddock Zollner, Historic Resources Administrator

DATE:                    May 20, 2004

SUBJECT:     UPR-5-9-1994: 805 Ohio Street

Introduction

The applicant is requesting to modify UPR-5-9-1994 (805 Ohio Street – Adaptive reuse as a multi-family structure) by extending the established expiration dates of milestones and eliminating the milestone that requires the restoration of the ballroom/attic area.

Case History

The application for UPR-5-9-1994 was received by the Planning Office in April of 1994 and was approved by the City Commission on July 26, 1994.  In December of 1998, the City Commission suspended UPR-5-9-1994 until February 16, 1999 when it was reinstated with additional conditions.  

Discussion

The current request is for the extension of the milestone completion dates to allow for the continued use of the structure as a multi-family unit.  The applicant has provided a document which outlines the milestones, original completion dates and requested extension dates. (Please see attached.)  This request includes a time extension for two apartment units that have been taken out of service as required by achieving milestones of the UPR.  It also requests that the completion date for the remaining two units be extended.  (One unit is scheduled to be phased out in September 2004 and the last apartment unit will be removed in September 2005.)  If granted, the time extension for the apartment units would place two apartments back in service until September, 2009; and extend the service of the existing apartment units until September 2010 and 2011.   This request also includes a time extension of one year (September 2005) for the garage construction.

In addition to the time extensions, the applicant is requesting the elimination of the milestone that requires the restoration of the ballroom/attic area.  The restoration of this area poses significant challenges for fire and safety issues.  Because it is not economically feasible for the applicant to make the necessary adjustments to this area to meet fire and safety codes, the applicant will not use this area except for maintenance purposes and is requesting the elimination of this milestone as part of the UPR.

The applicant wishes to continue the multi-family use of 805 Ohio.  The property is located in a RS-2 Zoning District and is a contributing structure to the Old West Lawrence Historic District.  While planning staff understands the need for additional time for the completion of the rehabilitation of 805 Ohio Street, staff has concerns about the length of the requested extension and the elimination of identified milestones.  Because the overall nature of the project has shifted, a new UPR that identifies the current needs and future uses of the property is appropriate.  A time extension of one year on the milestones that are to be completed in 2004 (the apartment unit that is to be phased out by September 2004 and the garage construction) would allow the applicant to complete those steps and/or submit a request for a new UPR for the use of the structure as an adaptive reuse under the new zoning code.

Staff Recommendation

Planning Staff recommends approval of an amendment to UPR-4-9-1994, 805 Ohio Street, to allow for a time extension of one year for the completion of the garage construction and the phase-out of the third apartment unit with the following conditions

1. Staff inspection of the property as identified in UPR-4-9-1994; and

2. A complete Annual Progress report is submitted to the Planning Department.

Planning Staff does not recommend the elimination of milestones defined in UPR-4-9-1994 or a time extension of an additional seven years for the completion of the project.