Item Coversheet

City of Topeka
Council Action Form
 Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
August 9, 2022
DATE:August 9, 2022
CONTACT PERSON:Bill Fiander, Planning and Development Director/Timothy Paris, Planner IIDOCUMENT #:
SECOND PARTY/SUBJECT:Topeka Landmarks Commission Appeal, 735 S. Kansas AvenuePROJECT #:
CATEGORY/SUBCATEGORY 001 Appeals / 003 Other
CIP PROJECT:No
ACTION OF COUNCIL:JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:

 

APPEAL to the Governing Body for a determination that there are no feasible and prudent alternatives to demolishing the structure at 735 S. Kansas Avenue and that all possible planning has been done to minimize harm to the historic district.  (CLGR22/13) (Council District No. 1)

 

Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 

(A determination that there are no feasible or prudent alternatives to demolition and that all possible planning has been done to minimize harm to the district would allow demolition of 735 S. Kansas Avenue.)

 

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:

Whether there are no reasonable and prudent alternatives to demolishing the structure and whether all possible planning has been done to minimize harm to the historic district.

STAFF RECOMMENDATION:

Staff recommends that, based on the structural analysis of the building, there are no prudent or feasible alternatives to the demolition that allow for the full economic use of this building. This property is listed within the nomination of the South Kansas Avenue Commercial Historic District as a non-contributing historic resource. Staff recommends that due to this building's designation as a non-contributor, and combined with its limited structural integrity, that no alterations could be made to this property to establish this building as a designated contributing resource.

 

Furthermore, Staff recommends that the proposed plans for replacement of this building as reviewed and approved by the Topeka Landmarks Commission on July 21, 2022, satisfy the requirement of all possible planning to minimize harm to the the historic property as required by Kansas historic preservation law.

 

In order to proceed with the demolition of the building, the Governing Body must approve a motion stating, "there are no feasible and prudent alternatives to demolition and that the new building that would be constructed minimizes harm to the historic district."

BACKGROUND:

The Kansas Avenue Commercial Historic District listed on the National Register of Historic Places as a historic district in 2015. Therefore, under Kansas historic preservation law (K.S.A. 75-2724), all activities requiring permits must be reviewed for their compliance with the US Secretary of the Interior’s Standards for the Treatment of Historic Properties. Through an agreement with the State of Kansas Historic Preservation Office (SHPO), the City of Topeka has been designated as a Certified Local Government (CLG). This designation places responsibility for the conduct of all required reviews under K.S.A. 75-2724 onto the Topeka Landmarks Commission.

 

The US Secretary of the Interior’s Standards for the Treatment of Historic Properties requires that any proposed alteration to a listed historic property, or an identified historic resource within a listed historic district, be found not to damage or destroy the historic integrity of that resource. Staff presented this matter to the Topeka Landmarks Commission on July 21, 2022, with the finding and recommendation that demolition of this property, located at 735 S. Kansas Avenue, does by definition damage or destroy the historic integrity of this identified resource. Members of the Topeka Landmarks Commission concurred with this finding by a vote of 4-2-0.

 

Following this finding, the Topeka Landmarks Commission reviewed the plans and design of the building intended to replace the presumed vacant lot at 735 S. Kansas Avenue. Staff presented their finding and recommendation that, as presented, the proposed building would not damage or destroy the historic integrity of the property nor the surrounding historic district. Members of the Landmarks Commission then voted to concur with Staff’s recommendation and finding by a vote of 5-1-0.

 

On July 23, 2022, an email from the property owners was received by Planning Staff requesting that the Governing Body make the determinations required by K.S.A. 75-2724.

BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not applicable
ATTACHMENTS:
Description
Staff Report to Landmarks Commission
Landmarks Commission Minutes 7-21-2022
735 S. Kansas Ave Renderings
Building Structural Assessment
Building Photos
Helzberg Diamond Shop Building History