Board of Zoning Appeals

Transcription

1 Board of Zoning Appeals AGENDA Thursday, February 19, :30 PM A. PLEDGE OF ALLEGIANCE B. ROLL CALL C. CONSENT ITEMS 1. APPROVE MINUTES FROM THE BOARD OF ZONING APPEALS MEETING OF OCTOBER 16, D. NEW BUSINESS 1. BZA ; CONSIDER A REQUEST FOR A VARIANCE FROM SECTION (D2), TO ALLOW A GRAVEL RESIDENTIAL DRIVEWAY IN THE AGRICULTURAL ZONING DISTRICT, FOR PROPERTY LOCATED AT 6115 RENNER ROAD. REQUEST SUBMITTED BY TIM AND SHERRI WILKS, OWNERS. 2. BZA ; CONSIDER A REQUEST FOR A VARIANCE FROM SECTION (D), TO ALLOW ENCROACHMENT WITHIN THE 35-FOOT REAR YARD SETBACK REQUIRED IN THE RESIDENTIAL SUBURBAN ZONING DISTRICT, FOR PROPERTY LOCATED AT 7820 SHADY BEND COURT. REQUEST SUBMITTED BY LYNN GENTRY, ON BEHALF OF EDWARD FOGARTY, OWNER. E. ADJOURNMENT

2 Page 1 DRAFT BOARD OF ZONING APPEALS MINUTES October 16, 2014 CITY OF SHAWNEE BOARD OF ZONING APPEALS MEETING MINUTES October 16, :30 P.M. BOARD MEMBERS PRESENT Board Member Nate Baldwin Board Member Mark Fabac Board Member Charles Jean-Baptiste Board Member Robert Prosser Board Member Matt Zimmerman STAFF PRESENT Deputy Planning Director Doug Allmon Planner Mark Zielsdorf Administrative Assistant Angie Lind BOARD MEMBER(S) ABSENT Board Member Kent McCord Board Member Bob Waters CHAIRMAN PROSSER: I d like to introduce Ms. Amaya Lind, who s going to say the Pledge of Allegiance. B. A. PLEDGE OF ALLEGIANCE A. B. ROLL CALL C. CONSENT ITEMS 1. APPROVE MINUTES FROM THE BOARD OF ZONING APPEALS MEETING OF SEPTEMBER 18, (Mover: Zimmerman; Second: Fabac) (Approved 5-0; McCord and Waters Absent) D. NEW BUSINESS 1. BZA ; CONSIDER A REQUEST FOR A VARIANCE FROM SECTION (A), TO ALLOW AN ACCESSORY STRUCTURE TO REMAIN ON A LOT WITHOUT A PRINCIPAL STRUCTURE IN PLACE, FOR PROPERTY LOCATED AT JOHNSON DRIVE. REQUEST SUBMITTED BY THOMAS M. CRILLY, PROPERTY OWNER. (Mover: Jean-Baptiste; Second: Zimmerman) 1

3 Page 2 DRAFT BOARD OF ZONING APPEALS MINUTES October 16, 2014 Stipulations of approval: 1. Variance only applies for 3 years and then expires so then the structure will have to be torn down at that time (October, 2017). 2. If the property changes ownership, the structure would have to be torn down. 3. The structure would have to be torn down if anyone gets a building permit on the property 6 months after the permit is issued, so if they re trying to build something else, this has to go. (Approved 5-0; McCord and Waters Absent) E. ADJOURNMENT 2

4 City of Shawnee TO: BOARD OF ZONING APPEALS DATE: FEBRUARY 19, 2015 FROM: SUBJECT: PLANNING STAFF BZA VARIANCE OF SECTION (D2) TO ALLOW A GRAVEL RESIDENTIAL DRIVEWAY IN AN AG (AGRICULTURAL) ZONING DISTRICT 6115 RENNER ROAD TIM AND SHERRI WILKS, OWNERS The applicant requests a variance to Section (D2) to allow a gravel residential driveway in an AG (Agricultural) zoning district. The subject property for this requested variance is located at 6115 Renner Road. The application is submitted by Tim and Sherri Wilks, property owners. In review of the variance request, staff notes the following: 1. The subject property is located on the east side of Renner Road, south of Johnson Drive. The property is 2.48 acres in size. The lot is rectangular in shape and a single family home has recently been constructed approximately 300 feet from Renner Road on the property. 2. The property is zoned AG (Agricultural). Properties to the north, south, east and west are also zoned AG. 3. The applicant is requesting a variance to have an unimproved gravel driveway to provide access to a new single-family residential home. Section (D2), Surfacing, states All open off-street parking areas except those required parking spaces accessory to a single-family dwelling unit in the agricultural zoning district constructed under building permits issued prior to June 1, 2001, shall be graded and paved along with the driveway with asphalt, concrete, or paver brick. The intent of this code is to provide a dustless surface for new residences that gives them an aesthetic, finished appearance. As this permit was issued after June 1, 2001, the driveway and parking pad are required to be a solid surface. The gravel portion of the driveway is straight and is approximately 260 feet in length. The gravel connects to an improved concrete approach on the west end, and to a concrete pad that was constructed in front of the garage on the new house. The applicant has indicated they were not informed by their contractor of the hard-surface driveway requirement. A final certificate of occupancy on their new house is pending 3

5 BOARD OF ZONING APPEALS RE: BZA ; TIM & SHERRI WILKS; 6115 RENNER ROAD FEBRUARY 19, 2015 PAGE 2 until the issue is resolved. The applicant has indicated the site is remote because of terrain, and that the driveway s interior location will limit its visibility from adjacent properties. The applicant has indicated the nearest residence is several hundred feet away. At the time the building permit was issued, the builder (on behalf of the owner), signed a form acknowledging that a hard surface driveway was required by Code. (A copy of the acknowledgement has been included for your reference). No variance to allow a gravel driveway to a new residential structure has ever been granted for other similar situations anywhere in the City. The Board has denied three similar requests with more lengthy driveways in the recent past indicating they did not meet the five criteria required for a variance. 4. Notice of the requested variance was mailed to 8 property owners in the surrounding notification area on January 20, Staff received a phone call from a surrounding neighbor regarding the variance request. The neighbor was very opposed to the request and felt the driveway should be completed with a hard, dustless surface as required by Code. 5. The following five criteria are required for granting a variance: a) That the variance arises from a condition that is unique to the property, which is not ordinarily found in the same zone or district, and which is not created by an action of the property owner; b) That granting the variance will not adversely affect the rights of adjacent property owners or residents; c) That strict application of the ordinance will result in unnecessary hardship on the applicant; d) That the variance will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare; and e) That granting the variance will not be opposed to the intent and spirit of the ordinance. 4

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7 RENNER RD W 59TH TER Location CH! AG W 63RD ST W 65TH CT CH SHAWNEE MISSION PKWY SHAWNEE MISSION PKWY W 65TH ST 6 BZA S.M.C (D2) 6115 Renner Rd. Timothy and Sherri Wilks µ Feet

8 City of Shawnee TO: BOARD OF ZONING APPEALS DATE: FEBRUARY 19, 2015 FROM: SUBJECT: PLANNING STAFF BZA VARIANCE OF SECTION (D) TO ENCROACH INTO THE REQUIRED REAR YARD SETBACK IN THE RS (RESIDENTIAL SUBURBAN) ZONING DISTRICT 7820 SHADY BEND COURT LYNN GENTRY, ARCHITECT FOR EDWARD AND KATHLEEN FOGARTY, OWNERS The applicant requests a variance to Shawnee Municipal Code (SMC) section (D) to allow encroachment within the 35-foot rear yard setback required in the RS (Residential Suburban) zoning district. The subject property for this requested variance is located at 7820 Shady Bend Court. Lynn Gentry, architect, submits the application on behalf of the property owners. In review of the variance request, staff notes the following: 1. The subject property is located on the west side of Shady Bend Court, just south of 78 th Street. The property, as well as surrounding land in all directions, is zoned RS. Other single family homes have been constructed to the north, south, east and west. 2. The subject property is platted as Lot 5 of the Preserve at Clear Creek. The property contains approximately 16,553 square feet of land. Lots in the Preserve at Clear Creek require a rear yard setback of 35 feet. Because the lot is situated adjacent to the cul-de-sac bulb for Shady Bend Court, the radius required for this street and the corresponding platted front building line causes the home to set further back into the lot than what is typical for a square lot. 3. The applicant desires to construct a roofed, screened porch onto the rear of the proposed home that would encroach within the required rear yard area. The screened porch would extend 10.5 feet from the back of the home. The proposal would place the porch approximately 32.5 feet from the west (rear) property line. The normal setback for a roofed porch is 35 feet (although un-roofed decks in the RS district are allowed to set back 29 feet). It should also be noted that the unroofed deck on the rear of the structure will be closer to the rear property line than the proposed roofed deck, as allowed by code. 4. The applicant feels the situation is unique because of the street radius and adjacent setback line mentioned earlier. The applicant also notes that because the screened porch is elevated on post and piers, it is essentially open at the ground level so that 7

9 BOARD OF ZONING APPEALS RE: BZA ; FOGARTY PORCH; 7820 SHADY BEND COURT FEBERUARY 19, 2015 PAGE 2 views from adjacent yards will not be impacted. Many of the existing homes in the subdivision have very similar roofed structures. 5. Notice of the requested variance was mailed to seventeen (17) property owners in the surrounding notification area on January 20, Staff received one call from an adjacent resident regarding the variance request. That person did not express any opposition once the variance request was fully explained. 6. The following five criteria are required for granting a variance: a) That the variance arises from a condition that is unique to the property, which is not ordinarily found in the same zone or district, and which is not created by an action of the property owner; b) That granting the variance will not adversely affect the rights of adjacent property owners or residents; c) That strict application of the ordinance will result in unnecessary hardship on the applicant; d) That the variance will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare; and e) That granting the variance will not be opposed to the intent and spirit of the ordinance. 8

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11 SHADY BEND CT W 77TH ST W 77TH ST HOUSTON ST W 77TH TER CLARE RD AG RS AG W 78TH ST HOUSTON ST! GREEN ST W 79TH ST Location 10 µ BZA S.M.C (D) 7820 Shady Bend Ct. Lynn Gentry, on behalf of Edward and Kathleen Fogarty, owners Feet