ORDINANCE NO. 9437
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, DESIGNATING 1655 MISSISSIPPI STREET, LAWRENCE, DOUGLAS COUNTY, KANSAS, AS A LANDMARK ON THE LAWRENCE REGISTER OF HISTORIC PLACES AND AMENDING THE LAWRENCE REGISTER OF HISTORIC PLACES AND THE MAP OF LANDMARKS AND HISTORIC DISTRICTS, INCORPORATED BY REFERENCE INTO THE CITY CODE AT CHAPTER 22, ARTICLE 4, SECTION 22-401(C) OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION, AND AMENDMENTS THERETO.
WHEREAS, after giving due notice and conducting a public hearing, the City of Lawrence, Kansas, Historic Resources Commission, through HRC Resolution No. 2017-09, has recommended that the Governing Body of the City of Lawrence, Kansas, designate that real property, commonly known as 1655 Mississippi Street, Lawrence, Douglas County, Kansas, the legal description of which is set forth at Section 2, infra, as a Landmark on the Lawrence Register of Historic Places;
WHEREAS, the City of Lawrence, Kansas, Historic Resources Commission has also submitted to the Governing Body a report containing that information required by Section 22-404.2(B)-(G) of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto; and
WHEREAS, on February 6, 2018, the Governing Body conducted a public hearing wherein it considered the report and recommendation of the City of Lawrence, Kansas, Historic Resources Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. The above-stated recitals are incorporated herein by reference and shall be as effective as if repeated verbatim.
SECTION 2. The following described real property ("the subject property"), commonly known as 1655 Mississippi Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:
LOTS NUMBER ONE, TWO, AND THREE IN BLOCK THREE IN UNIVERSITY PLACE, AN ADDITION TO THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS,
together with all buildings, appurtenances, and improvements thereon, is hereby designated as a Landmark on the Lawrence Register of Historic Places as such designation is defined and prescribed in Chapter 22 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto.
SECTION 3. The Lawrence Register of Historic Places and the map of Landmarks and Historic Districts, which are adopted and incorporated into the City Code by reference at City of Lawrence, Kan., Code § 22-401(C) (Jan. 1, 2018), and amendments thereto, are hereby amended by showing and reflecting thereon the Landmark designation for the subject property.
SECTION 4. After the effective date of this Ordinance, before commencing any activity on the subject property that would require a building or demolition permit, the owner of the subject property shall obtain from the City of Lawrence, Kansas, Historic Resources Commission a Certificate of Appropriateness pursuant to Chapter 22, Article 5. Additionally, the following activities shall not be undertaken on the subject property without first obtaining a Certificate of Appropriateness:
(a) Any work that would alter the exterior of the historic structure, including decorative exposed beams, wood siding, and dormer shape and placement;
(b) Alterations to the fenestration pattern and window and door openings;
(c) Alterations to the historic form of the structure;
(d) Alterations to the primary porch, including battered piers and columns; and
(e) Alterations to the chimney, decorative shingles, and wide overhanging eaves with knee brackets.
However, routine or regular maintenance, including but not limited to such items as painting previously painted surfaces, glazing, repairing broken glass, or caulking, shall not require a Certificate of Appropriateness.
SECTION 5. In considering any application for a Certificate of Appropriateness, and in reviewing and commenting on matters before other bodies concerning the subject property, the City of Lawrence Kansas, Historic Resources Commission shall consider the Secretary of the Interior’s Standards for the Treatment of Historic Properties, published in 1995, and any future amendments thereto, in addition to any criteria specified by Chapter 22 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto.
SECTION 6. In considering any application for a Certificate of Appropriateness and in reviewing and commenting on matters before other bodies concerning properties located within 250 feet of the subject property, the City of Lawrence, Kansas, Historic Resources Commission shall consider the Secretary of the Interior’s Standards for the Treatment of Historic Properties, published in 1995, and any future amendments thereto, in addition to any criteria specified by Chapter 22 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, and the adopted guidelines delineating and governing the environs of the subject property.
SECTION 7. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.
PASSED by the Governing Body of the City of Lawrence, Kansas, this ___ day of February, 2018.
APPROVED:
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Stuart Boley
Mayor
ATTEST:
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Sherri Riedemann
City Clerk
APPROVED AS TO FORM:
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Toni R. Wheeler
City Attorney
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NOTICE TO PUBLISHER
Publish once and return one Proof of Publication to the City Clerk and one to the City Attorney.