Brook Creek Neighborhood Association
9 November 2005
Terry Riordan, Chair
Lawrence-Douglas County Planning Commission
6th & Massachusetts St. Lawrence, KS 66044
re: Z-09-60-05, Rezoning 1246 Haskell Ave. from RO-2 to C-1
Dear Commissioners:
The Brook Creek Neighborhood Association continues to be opposed to rezoning 1246 Haskell Ave. to any commercial zoning classification. Our Neighborhood Plan and all our efforts for several decades have been to strengthen the residential character of our neighborhood and oppose incursions of commercial zoning.
Ever since the inception of the 1966 Zoning Ordinance, this property and it's surrounds has been zoned residential. Small commercial uses have been "grandmothered" on this property because of historical precedent, most recently The Picture Works, photo processing and sales.
However, in 1999, that commercial non-conformiong use expired with the death of the business owner, and records indicate that water, sewer, and utilities were cut off. The property was vacant and without any business activity for three years, until the current owners, Polk & Polk, LC (Greg and Mike Polk) bought it in 2002 from Park Hetzel, III.
According to Lawrence Code Section 20-1304, Cessation of a Non-Conforming Use, "A lawful non-conforming use of a building, structure, or land that has been voluntarily discontinued for a period of six calendar months shall not thereafter be resumed." The failure to use the property commercially during those three years constituted a voluntary discontinuance.
The Polks' stated intentions to the Neighborhood was to use the property commercially, but we pointed out the cessation of it's non-conforming use. Upon negotiations and our suggestion for a compromise, the Polks agreed to file for Residence-Office zoning, RO-2.
The Planning Commission approved RO-2 zoning on 25 September 2002 (Z-08-24-02), with the support of the Brook Creek Neighborhood Association. Greg Polk said in his application that "This could be a localized office used by the neighborhood."
Also from the meeting minutes, Greg Polk explained that "He did not think a building permit was required for the changes (they) made, which included . . . the removal of one window and the placement of a metal beam..." But these were structural changes to create a now 10 foot wide opening for a commercial garage door, and support for roof beams rotted from years of roof leaks.
After platting and site planning, the Polks finally got a building permit. But the site plan did not indicate a commercial garage door, and they also built a 10 foot wide driveway instead of the specified 5 foot wide sidewalk, a driveway throat instead of a wheelchair ramp, and rented the property to a commercial pest control company.
BCNA appealed to the BZA. The Polks attorney delayed until they could file a revised site plan that would have codified all their site plan violations. The City Commission approved a revised site plan that called for removal of the garage door, landscaping corrections, and a listing on the face of the site plan of all the approved office uses.
Rather than comply to these requirements, the Polks claim they want to sell the property to Janine Colter who intends to run a beauty shop. Ms. Colter most likely has a real estate contract contingent on the C-1 zoning, and she has agreed to bear the cost of removing the garage door. BCNA is sorry Ms. Colter has unwittingly been brought into the middle of this controversy.
C-1 zoning would be an undesirable precedent. It also allows any other commercial use in that category to occur after the beauty shop is gone. BCNA still wants nothing more than office use here, as agreed to by BCNA, the Polks, the Planning Commission, and the City Commission.
Thank you,
Loralee Stevens
President, BCNA
JANINE COLTER
DA SHOP
1109 MASSACHUSETTS STREET
LAWRENCE, KS.
749-1106
November 1, 2005 Dear Commissioners,
My name is Janine Colter. I am currently renting a building in downtown Lawrence for my beauty shop. After many years of looking and saving I have a contract to purchase 1246 Haskell Avenue. My goal is to remodel the building and move my shop into my own building.
I would appreciate your vote to rezone this property C-1 inner neighborhood commercial on November 14.
Thank You,
Janine