Memorandum

City of Lawrence

Planning Department

TO:	David Corliss Debbie Van Saun
FROM:	Lynne Braddock Zollner
CC:	Linda Finger Sheila Stogsdill
Date:	July 20, 2005
RE:	July 26, 2005 Agenda Item

Please include the following item on the City Commission agenda for consideration at the July 26^th meeting:

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 returning to use one of the apartments that was previously taken out of service. The Use Permitted upon Review for this adaptive reuse was approved in 1994 and set milestones for the temporary use of this house as a multi-family structure, as well as for reconstruction deadlines for scheduled improvements.

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. On May 25, 2004 the City Commission approved a one-year extension for UPR-5-9-1994 to allow the applicant one year to apply for a new Adaptive Reuse Special Use Permit under the proposed new zoning code. The new application would address all of the changes the applicant wished to make without continued modification and extension of the existing 1994 UPR. As the new zoning code has not been adopted, the applicant has not had the opportunity to apply under the new code.

Discussion

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. The current request is for a two-year extension of the milestone completion dates to allow for the continued use of the structure as a multi-family unit. The applicant has provided documents outlining the milestones, original completion dates, and requested extension dates. (Please see attached.) This request includes a time extension for the completion of the garage construction, phase out of the third apartment, phase out of the apartment units completely, restoration of the ballroom attic, and removal of parking. This request also includes the return of one of the previously phased out apartments to service. If granted, the time extension for the apartment units would place one apartment back in service until September, 2008, extend service of the third apartment until September 2007, and extend removal of apartments to September 2008. A time extension until September 2007 is requested for the completion of garage construction, and an extension until September 2008 is requested for restoration of the ballroom attic and the removal of parking.

The current extension request is due to the applicant’s desire to continue the multi-family use of the structure located at 805 Ohio Street, and his inability to file for a new Special Use Permit under the new code as was identified by Planning staff in May of 2004. While Planning staff understands the need for additional time for the completion of the rehabilitation of 805 Ohio Street, staff continues to have concerns about the length of the requested extension. 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 2005 (the apartment unit that is to be phased out by September 2005 and the garage construction) would allow the applicant to complete those steps while submitting an application for a new UPR that clearly identifies the desired purpose, continued use, and rehabilitation for the use of the structure as an adaptive reuse.

According to research conducted by Planning staff, the Adaptive Reuse and Use Permitted upon Review sections of the existing Zoning Code will not substantially change if the new Zoning Code is adopted. The applicant can file for a new UPR for Adaptive Reuse under the existing code. In addition, due to the nature of this project, Planning staff is of the opinion that a definitive timetable be included in the approval of any extension request granted by the City Commission. The timetable can include not only the extension dates requested by the applicant, but the timeline for the submission of an application for a new UPR.

Planning staff has received a progress report and completed a staff inspection of the property as required by the UPR. Staff inspection noted progress on the rehabilitation of the main structure and the current use of two rented units, one unit occupied by a friend of the family, and the owner unit. The two units that have been taken out of service are vacant spaces that continue to require conditioned air due to the zoning of the heating and cooling systems. The applicant is requesting to return one of these units to service to help defray the cost of the overall rehabilitation of the structure. Staff is of the opinion that the total number of apartments placed in service is best identified in a new application for a UPR. A new application offers the best opportunity for public input from the neighborhood. Staff inspection showed no progress on the garage construction.

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. The applicant file an application for a new Adaptive Reuse Use Permitted upon

Review in accordance with the attached time table;

2. The garage construction begin in accordance with the attached time table;

3. Staff inspection of the property in January 2006 as identified in UPR-4-9-1994; and

4. A complete annual progress report is submitted to the Planning Department.

Planning staff does not recommend the return to service of an additional unit or extending the deadlines for complete phase out of the apartments, completion of the ballroom restoration, and the removal of parking.

Action Request

Approve, with conditions, the request to modify UPR-5-9-1994 (805 Ohio Street – Adaptive Reuse as a multi-family structure) by extending the established expiration dates of milestones, if appropriate.

Time Table

Action	Completion Date
Submission of Design Plans to HRC For Garage	November 23, 2005
Garage Construction Complete	September 30, 2006
Submission of Adaptive Reuse UPR to HRC	March 22, 2006
HRC Hearing	April 2006
Submission of Adaptive Reuse UPR to Planning Commission	May 1, 2006
Planning Commission Hearing	June 2006
City Commission Hearing	July 2006