Council overturns landmarks denial, clears way for demolition of Bernards restaurant building

HUTCHINSON, Kan. — The Hutchinson City Council on Sept. 2 overturned the Landmarks Commission’s denial of a demolition permit for the Bernards Restaurant and Catering building at 2100 South Bonebrake Street, concluding there were no feasible and prudent alternatives to demolition.

Bernards is listed on the Register of Historic Kansas Places and the National Register of Historic Places. Matt Williams, the city’s director of community development, told the council the building had been declared unsafe and dangerous by the building official, and warned that significant structural and financial obstacles limited the feasibility of rehabilitation. He told the council the Landmarks Commission voted 5–0 to deny the permit because demolition “would destroy [the building’s] integrity.”

Under state law and city code, the governing body must determine whether rehabilitation was reasonably practicable before authorizing a demolition. Williams said the city could pursue demolition if the owner did not move forward; the council’s action will allow either the property owner’s contractor or the city to proceed with demolition within the statutory timeline if rehabilitation is not completed.

Contractor and owner plans: Rick Borders, who said he would perform the work as the owner’s contractor, told the council he planned to salvage architecturally significant features where feasible and would pursue partial rehabilitation where possible. Borders said he and the owner would first pursue work through the Landmarks Commission to review potential rehabilitation of a portion of the structure and then continue demolition if necessary.

Council decision and process: After hearing from Williams, the property owner’s contractor and other supporters, Councilor John Richardson moved that the council find “there are no feasible and prudent alternatives to demolition of 2100 South Bonebrake and overturn the denial of LM25-3.” The motion passed on a recorded vote with all council members present voting yes. Williams explained the effect: the property owner would receive a demolition permit and have 60 days to act; if the owner failed to demolish within that window, the city could proceed with removal and recover costs under city procedures.

Why it matters: The building’s historic listing required the Landmarks Commission review; by statute the governing body must weigh design and economic factors in deciding whether to permit demolition. Councilors said the decision balanced preservation goals with public safety and the property owner’s rights and costs.

—Reported from the Hutchinson City Council meeting. Ending: The owner and contractor said they would pursue a targeted approach that may salvage decorative elements, but the council left the demolition permit available if rehabilitation does not proceed within the established timeline.