5B
University Daily Kansan/Monday, December 12. 1988
Some residents saying legacies of city have become anomalies
■ Editor's Note: Because of a production error, a portion of this story was omitted from yesterday's Kansan. It is reprinted here in its entirety.
By Janell Good Kansan staff writer
Preservation of Lawrence's historic sites has some residents worried that the past may hamper progress in the future.
A site or building is designated as historic because of architectural structure, historic environment or famous residents.
The dispute is over whether designating a site or building as historic infringes on private property owners' rights.
Ron Schneider, a Lawrence resident involved in historic preservation, said the controversy already has been going on. Court case more than 10 years ago.
"In 1971, the Supreme Court decided that historical preservation was constitutional." Schneider said. "As long as the property owner was allowed a reasonable return on his real estate investment or use of the property, the government could intervene for historical purposes."
Still, many people contest government intervention and battle in courtrooms across the country, he said. Recently, an unhappy Lawrence property owner has taken his case to court.
Arly Allen, owner of Allen Press,
1041 New Hampshire St., is suing the city for the right to tear down an old church at 1040 New Hampshire called The Lawrence Baptist Temple. The congregation hasn't been able to use the church in more than a year, Allen said.
The church itself isn't a historic building, but it is within a historic environment. A state ordinance protects the environment of a historic site or building within 500 feet of the structure. Allen's church lies within a distance of the Douglas County House, 11th and Massachusetts streets.
Allen purchased the church in 1976 to expand his business. But state law prevented him from doing so.
Allen said in one way, the argument against preservation was economical because preservation could hinder the progress of business.
"The people of Lawrence don't want to change the look of the downtown area, which sometimes limits the owners of businesses," Allen said. "Any law passed that restricts property owners should be justified, and I feel that there are times when it is inappropriate that the past should rule the future."
Allen said the church had no economic value. Despite fire violations, a deteriorating roof and Allen's recommendation to condemn the building, the city is denying him a permit to tear it down.
Gene Shaughnessy, Lawrence building inspector said the church had not been inspected or condemned.
Allen participated on a city task force that created a seven-member Historic Resources Commission. He focused on not favoring preservation
Allen said he worried about the crusade in Lawrence over historic preservation. People don't realize they can be in favor of both sides of a dispute.
"I am concerned with preservation, but each situation should be considered independently and by looking at outside factors," he said.
Kelly Arnold, city management analyst, said that a city ordinance for historic preservation was needed to get rid of the conflict between preservationists and those solely in favor of progress.
He said that there had been no local control before the ordinance was established last month. Any Lawrence resident could easily obtain a building permit to reconstruct or tear down a historic building, if it hadn't been protected by the state register.
"There were certain problems before." Arnold said. "Depending on who you asked, there would be many different answers."
Scheinerd said the resources commission, whose members the City Commission is now appointing, would give more local control in historic preservation issues. Lawren Ressler of the state lower than state legislative organizations in Topeka, and residents are affected by the decisions.
Because the resources commission
is a governing agency, it has police power, which is the authority to govern the health and welfare of its citizens. Before the resources commission was created, the only preservation agencies were neighborhood groups that had limited power. Schneider said.
Steve Lopes, a member of the task force and chairman of the Lawrence Association of Neighborhoods, said he was concerned about who would be commissioned. The City Commission will select members this月 month.
Lopes supports the strongest possible preservation ordinance. He said some appointees to the task force, including Allen, had worked in opposition to the resources commission ordinance, which gave guidelines for preservation and established a preservation fund.
Resource commission members should be people that will raise issues and produce positive criticism. Lopes said.
Mary Lee Robbins, task force member and architectural historian, said the resources commission was a good start toward strong historic preservation. The ordinance was designed to protect both sides: those concerned with preservation and property owners' rights.
"They should be constructive, not obstructive to the ordinance," he
"Only in extremely rare and highly significant cases can the ordinance override a protest or a property objection that must pass before a review board," Robbins said.
Eventually, the city will hire a full-time preservation administrator who will be available to the public to avoid controversy in future cases. The administrator and resource commission will decide what should be preserved in Lawrence, and the application for preservation of a site must be approved by the City Commission.
"Neighborhood preservation groups will still have an important role," she said. "These groups will act as a support team for the review board, and they have access to a lot of information needed by the board."
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