Memorandum

City of Lawrence

Planning Department

 

TO:

David Corliss

Debbie Van Saun

FROM:

Lynne Braddock Zollner

CC:

Sheila Stogsdill

Date:

May 10, 2007

RE:

May 15, 2007 Agenda Item

 

 

Please include the following item on the City Commission agenda for consideration at the February 20th meeting.

Project History

At their meeting on February 20, 2007 the Lawrence City Commission held a public hearing to make a determination based on a consideration of all relevant factors if there was/was not a feasible and prudent alternative to the proposed demolition of the structure located at 1019 Kentucky Street and that the project included/did not include all possible planning to minimize harm to the listed property.  After the public hearing, the Commission directed staff to provide additional information for possible “conditions of the demolition permit and conditions that would eliminate harm to the structures, but also the environs.” The item was deferred.

 

At the time of submission of the demolition application, the subject property was  located in the environs of the Charles and Adeline Duncan House (933 Tennessee), the George and Annie Bell House (1008 Ohio), the Dr. Frederick D. Morse House (1044 Tennessee), Lawrence’s Downtown Historic District, National Register of Historic Places, and the Colonel James and Eliza Blood House (1015 Tennessee) National Register of Historic Places and Lawrence Register of Historic Places.   The property is now located in the new Oread Historic District, Register of Historic Kansas Places and pending National Register listing.  The application (DR-09-112-06) was reviewed in accordance with the protective measures of the Kansas Historic Preservation Act (K.S.A. 75-2715-75-2725, as amended) using the Standards and Guidelines for Evaluating the Effect of Projects on Environs.

 

Discussion

The City Commission is asked to determine if there is a feasible and prudent alternative to the proposed project.  If no feasible and prudent alternative is available, the City Commission shall determine if all possible planning to minimize the harm to the listed property associated with the project has been identified and undertaken.

 

At the direction of the Commission, City staff has worked with the applicant to identify mutually agreeable conditions that will allow for all possible planning to minimize harm to the listed properties and the environs. 

 

  1. The execution of a conservation easement (attached) that specifies (a) the property will not be used as a parking lot; (b) only the existing parking will be allowed on the property; (c) the existing parking will be screened from the public right-of-way; (d) no action of any kind may be taken to change the historical, architectural, archaeological or cultural aspects of the property.
  2. The demolition permit will contain the following conditions: (a) prior to the City’s issuance of a demolition permit for the structure located at 1019 Kentucky the property owner shall grant to the City of Lawrence a conservation easement for the property and shall record the conservation easement with the Douglas County Register of Deeds; (b) the conservation easement condition is in addition to any other demolition permit requirements of the City of Lawrence; (c) at the request of current or future property owners, the City Commission may, at a regular meeting of the Governing Body, rescind or modify the terms of the conservation easement. 

 

Historic Resources staff is of the opinion that the demolition of this structure will have an adverse impact on the listed properties because the applicant has not provided a replacement plan in accordance with the standards and guidelines for review.  However, the conservation easement and demolition permit conditions will provide all possible planning to minimize the harm to the listed properties and their environs.

 

Recommendation

Staff recommends the Commission approve a determination of DR-12-110-05 based on a consideration of all relevant factors that there is not a feasible and prudent alternative to the proposed demolition of the structure located at 1019 Kentucky Street and that the proposed demolition will include all possible planning to minimize harm to the listed property when the attached conservation easement is executed by the City of Lawrence and the conditions of the demolition permit are met.

 

Action

Staff recommends the City Commission Approve a determination for DR-09-112-06, based on a consideration of all relevant factors that there is not a feasible and prudent alternative to the proposed demolition of the structure located at 1019 Kentucky Street and that the proposed demolition will include all possible planning to minimize harm to the listed property when the attached conservation easement is executed by the City of Lawrence and the conditions of the demolition permit are met.