MINUTES
JUNE 3, 2004 – 6:40 P.M., CITY COMMISSION MEETING ROOM, FIRST FLOOR OF CITY HALL AT SIXTH AND MASSACHUSETTS STREET, LAWRENCE, KANSAS
MEMBERS PRESENT: Mr. Hannon, Mr. Santee, Mr. Fizell, Mr. Herndon and Mr. Lane
STAFF PRESENT: Mr. Patterson and Ms. Saker
ITEM NO. 1: COMMUNICATIONS
• CD copy of the most recently adopted version of HORIZON 2020.
• Some members had gotten a letter from the adjacent property owner in a previous Board agenda item. It was determined that, unless the issue came before them as another agenda item, the Board was not equipped to respond to comments from the public.
• No ex parte communications were disclosed.
Motioned by Mr. Hannon, seconded by Mr. Herndon to defer Item 3 for one month to the July 2004 meeting as requested by Staff.
Motion carried unanimously, 5-0.
ITEM NO. 2: MINUTES
One change was requested to the minutes of the April meeting, adding the word “approved” where it had been omitted in the action section of an agenda item.
Motioned by Mr. Lane, seconded by Mr. Fizell to approve the minutes of the April 2004 meeting as revised.
Motion carried 4-0-1, with Mr. Hannon abstaining due to his absence from the meeting.
Swearing in of witnesses
ITEM NO. 3: 4137 WIMBLEDON DRIVE
B-05-10-04: A request for a variance as provided in Section 20-1709.1 of the Zoning Ordinance of the Code of the City of Lawrence, Kansas, 2003. Said request is specifically to vary from the provisions of Section 20-608 of said City Code, which requires a 25’ front building setback for structures from the front property line. The applicant is requesting a variance to reduce the setback to 22’ to allow for the construction of a garage addition along the south side of the existing residence. The request is submitted for the following legally described property: Lot 19, Racquet Club No. 2 Subdivision in the City of Lawrence, Douglas County, Kansas. Said described property is generally known as 4137 Wimbledon Drive. Submitted by Gene and Jalon Abernathy, property owners of record.
The Board voted unanimously at the beginning of the meting to grant Staff’s request for deferral of this Item for one month to the July 2004 meeting.
ITEM NO. 4: 707 TENNESSEE STREET
B-05-11-04: A request for a variance as provided in Section 20-1709.1 of the Zoning Ordinance of the Code of the City of Lawrence, Kansas, 2003. The variance is from the provisions in Section 20-1312 of said City Code, which limits the size for an accessory structure to no greater than 30 percent of the required rear yard area. The applicant is asking for variance approval to construct an accessory building size of 528 s.f., which is 78 s.f. larger than permitted by Code (450 s.f. allowed). The variance would allow the applicant to construct a new two-car garage. The property is located at 707 Tennessee Street and is legally described as: Lot 53 on Tennessee Street in the Original Townsite of the City of Lawrence, Douglas County, Kansas. Submitted by Jack Hope with Jack Hope Design/Build, Inc., for Kirk and Jeannie McClure, property owners of record.
STAFF PRESENTATION
Mr. Patterson introduced the Item, a request to allow replacement of the existing garage with a two-car garage measuring 528 square feet, which was larger than the 450 square feet allowed by Code according to the restriction on maximum rear yard coverage.
Staff explained the subject property was listed as a contributing structure in the historic Old West Lawrence neighborhood. The Historic Resources Administrator had significant concerns about the size of the proposed garage and the fact that it would be visible form the front yard and street.
Staff recommended denial of the proposal in conformance with the recommendation given to the Historic Resources Commission (HRC) by the Historic Resources Administrator.
It was suggested that Staff would not recommend denial of the proposed structure if it were not a historically listed structure. Mr. Patterson agreed this was so, based on the Board’s long-standing precedent of approving garages of 528 square feet for smaller lots in the older sections of the city.
The HRC had not upheld the HRA’s recommendation, and had approved the approved the project as proposed. It was noted that the HRC’s discussion had centered on design and material, not size. Size issues were considered a matter for the BZA.
It was discussed that the adjacent property had a two car garage that appeared to be similar in size to the one proposed, and that many garages existed in the neighborhood.
It was verified that the project – as it involved a listed structure – was subject to the standards of the National Parks Service. The HCA had recommended denial of the project based on those standards.
APPLICANT PRESENTATION
Jack Hope, spoke on behalf of the property owners, explaining the main concerns of the HRC appeared – in his opinion – to have been addressed. The siding material would be subject to review by the HRC’s design subcommittee. Although the structure would be visible from the front yard/street, Mr. Hope said he considered the new structure an improvement over the existing one, which could be seen currently
Mr. Hope described the applicant’s intended use of the two-story structure for storage, including two cars, basic lawn care equipment and material/equipment for hobbyist woodworking. He said the larger garage would be more suitable to the area visually than outdoor storage of the lawn equipment and other materials.
Mr. Hope described visual amenities of proposed structure.
PUBLIC COMMENT
No member of the public spoke regarding this Item.
BOARD DISCUSSION
It was suggested that the proposed structure fit the standard set by the Board and there was no reason to alter their interpretation at this point. It was added that this would “make a positive addition to the neighborhood” – a nice-looking garage in an area where some garages were not as aesthetically pleasing.
It was discussed that the HRC had indicated they were not concerned with the project by giving their approval.
Although he understood Staff’s reasoning behind the recommendation for denial, Mr. Fizell said the issue of historic preservation made this an interesting case. He suggested that it was not the intent of the historic standards to “freeze things in time”, but to allow historic neighborhoods to adapt to modern needs and uses.
It was suggested that the greenspace emphasis in many historic neighborhoods was in the front yard, not the back. It was additionally noted that the subject property was close to a park, which could be considered to meet the greenspace concerns of Staff.
ACTION TAKEN
Motioned by Mr. Hannon, seconded by Mr. Fizell to approve the variance to allow a replacement garage structure measuring 22’ X 24’ (528 square feet) for the property at 707 Tennessee.
Motion carried unanimously, 5-0.
ITEM NO. 5: MISCELLANEOUS
There was no additional information to come before the Board.
ADJOURN – at 7:05
Official minutes are on file in the Planning Department.