BOARD OF ZONING APPEALS November 13, 2018 Decisions

Transcription

1 BOARD OF ZONING APPEALS November 13, 2018 Decisions The Board of Zoning Appeals met in regular session on Monday, November 13, 2018, at 6:10 p.m., in the Commission Chamber of the Municipal Office Building with the following members present: Mr. Jeff, Vice- Presiding, Mr. James Connelly, Mr. Jim, Ms. Karen, Mr. Nathan Reasons, Ms. Susannah and Dr. Daniel (Absent:, and ). Mr. Robin H. Richardson, AICP, Director of Planning, Ms. Janet L. Parker, CSC/APC, Administrative Assistant, Mr. Byron Toy, Principal Planner, Mr. Zach Flanders, AICP, Planner (who arrived at 6:30 p.m.), and Mr. Patrick Waters, Deputy Chief Counsel, were also present. called the meeting to order at 6:10 p.m. Recording Secretary Parker read the Board of Zoning Appeals statement: We would like to welcome all present to the meeting of the Board of Zoning Appeals. Mr. Jeff is serving as chairman this evening. The format for this meeting is as follows: As each application is called, we would ask that all those both for and against please come to the front of the room. The applicant will make the opening statement explaining the proposal. Please note that the applicant will be given fifteen (15) minutes to present their case. The fifteen (15) minutes includes the applicant and any consultants and other members of the applicant s team. Members of the Board will then address any questions they may have to the applicant. Any persons wishing to speak in favor will be allowed to do so at that time. Then those persons in opposition will be allowed to make their statements and ask questions. Please note that each member of the public who wishes to speak either for or against the application will be given five (5) minutes to express their opinions. Time may not be shared between speakers. A speaker at the podium may request to extend their time and the Board may by two-thirds (2/3) majority vote extend any speaker s time in five (5) minute increments. The applicant will then answer questions and make a closing statement. All statements at the meeting shall be directed to the Board and cross conversation among those in attendance is prohibited. Questions between opposing parties shall be directed first to the chairman, who may then ask the proper person to answer, such answer being directed to the Board. The public hearing portion of the meeting will be closed and the public will only be allowed to address the Board if a question is directed to them. The staff will then make their comments and recommendation. The Board will discuss the application and make their decision. A brief statement of the reason for the motion will precede the making of the motion. Motions to approve shall include the staff stipulations unless otherwise stated in the motion. Also, all items/exhibits submitted and/or shown either to the Board or Staff during the hearing will be retained and become part of the official record of these proceedings. The Board is required to disclose contacts with regard to any item on the agenda. Before each item I will ask if any contacts have been made and members of the Board will be asked to disclose those contacts at that time. We ask that anyone with a cell phone to please turn them off or switch to non-audio, so you will not disturb the meeting. November 13, 2018 Page 1

2 I would like to remind the Board that Applications #2293, #2302 and #2305 have corresponding zoning applications on the City Planning Commission agenda tonight. If any of these applications are denied by the Board of Zoning Appeals the application on the City Planning Commission agenda cannot move forward and will not be heard tonight. Application Starts At 3:32: APPEAL NO. 2293, BRETT A. JARDING, 4205 North 97 th Street, zoned R-1 Single Family District. This appeal has been filed to construct an accessory building that exceeds 1000 square feet. Sec (2) states that the total area of a detached accessory building shall not exceed 1,000 square feet. The appellant is requesting to build an accessory building that is 3,200 square feet in area, a violation of 2,200 square feet. Appeared in Support: Brett Jarding, applicant, 4205 North 97 th Street, Kansas City, Kansas Kurt Maxwell, 9603 Nelson Lane, Kansas City, Kansas Staff Recommendation Starts At 6:18: Planning Director Richardson stated that the intent is to run a commercial landscaping business out of a residential property with an extra-large pole barn associated with it. The pole barn, with the information given to staff, would be the largest building in the area. It is out-of-scale with the residences and operating a business with employees with trucks coming in and out of this area is not appropriate. The staff recommends denial of this application. Motion/Vote Starts At 8:35: the hearing, on motion by Mr., seconded by Ms., the Board of Zoning Appeals voted as follows to DENY this appeal for the reasons outlined by staff: Connelly Reasons No Motion to DENY Passed: 5 to 1 November 13, 2018 Page 2

3 stated that the appeal has been denied and the applicant s special use permit on the City Planning Commission meeting agenda will not be heard tonight. Application Starts At 9:29: APPEAL NO. 2297, GREG CAMPBELL WITH TEKNOW QUILL DRAFTING AND DESIGN, 1202 South 45 th Terrace, zoned R-1 Single Family District. This appeal has been filed to build an addition on the rear of the home. Sec (d)(2)d. states that dwellings and other uses of land in this district must have a minimum rear yard setback of 30 feet. Appellant is requesting feet for the building addition; a violation of feet. Appeared in Support: Greg Campbell, applicant, 1202 South 45 th Terrace, Kansas City, Kansas No one appeared Staff Recommendation Starts At 10:28: Planning Director Richardson stated that this property backs up to a significant forested area; there is no one that would be impacted. The staff recommends approval of this application. Motion/Vote Starts At 10:47: the hearing, on motion by Ms., seconded by Dr., the Board of Zoning Appeals voted as follows to APPROVE this appeal: Connelly Reasons Motion to APPROVE Passed: 6 to 0 Urban Planning and Land Use Comments: 1. It does not appear this variance would have any negative impacts. 2. The new siding and asphalt shingles of the addition shall match the similar materials on the existing home. Applicant Response: Acknowledged. November 13, 2018 Page 3

4 Public Works Comments: A) Items that require plan revision or additional documentation before engineering can recommend approval: B) Items that are conditions of approval (stipulations): C) Comments that are not critical to engineering s recommendations for this specific submittal, but may be helpful in preparing future documents: Application Starts At 11:12: APPEAL NO. 2300, MARTIN JIMENEZ WITH MJ DESIGN & PARTS, 516 Kansas Avenue, zoned M-2 General Industrial District. This appeal has been filed to build an addition that impedes on the ten feet building setback requirement and provides fewer offstreet parking spaces than required by code. Sec (d)(2) states that setbacks from property lines shall be ten feet for buildings and structures. The appellate is requesting to build an addition with a setback of zero (0) feet, a violation of ten (10) feet. Sec (e) states that not less than one parking space shall be provided for each 500 square feet of building floor area. The appellate is requesting to build a 995 square foot addition, requiring 2 additional parking spaces. The appellate is requesting to provide zero (0) additional parking spaces, a violation of two (2 spaces). Appeared in Support: Taylor Mane, representing the applicant No one appeared Staff Recommendation Starts At 12:50: Planning Director Richardson stated that currently they have some room behind where they can park. The variance would prohibit any parking on the site but given their employee and customer numbers that should not be a problem. Other buildings in the area have the same issue if you look up and down the block. There is not a lot of area for parking and the areas that could be used for parking are not. The staff recommends approval. November 13, 2018 Page 4

5 Motion/Vote Starts At 13:23: the hearing, on motion by Ms., seconded by Dr., the Board of Zoning Appeals voted as follows to APPROVE this appeal: Connelly Reasons Motion to APPROVE Passed: 6 to 0 Subject to: Urban Planning and Land Use Comments: The site will have no on-site parking. Other buildings in the area have little or no onsite parking. Public Works Comments: A) Items that require plan revision or additional documentation before engineering can recommend approval: B) Items that are conditions of approval (stipulations): C) Comments that are not critical to engineering s recommendations for this specific submittal, but may be helpful in preparing future documents: Application Starts At 13:52: APPEAL NO. 2302, BRIAN HILL WITH MKEC ENGINEERING, 2600 North 44 th Street, zoned R-1 Single Family District. This appeal has been submitted to request that a proposed public-school plant fewer trees than is required by code. Sec (a) states that non-residential uses plant one tree per 7,000 square feet of site area. With a site area of 845,195 square feet, 121 trees are required. Appellate is requesting to provide 79 trees, a violation of 42 trees. November 13, 2018 Page 5

6 Appeared in Support: Brian Hill, applicant, MKEC Engineering, West 112 th Street, Suite 200, Overland Park, Kansas No one appeared Staff Recommendation Starts At 18:26: Planning Director Richardson stated that the staff recommends approval based on the staff report and the testimony by the applicant. Motion/Vote Starts At 18:37: the hearing, on motion by Ms., seconded by Dr., the Board of Zoning Appeals voted as follows to APPROVE this appeal: Connelly Reasons Motion to APPROVE Passed: 6 to 0 Subject to: Urban Planning and Land Use Comments: 1. If granted the site will still have high quality landscape and screening. 2. Provide a legend on the landscape plan. Applicant Response: Comment acknowledged. Legend will be provided on final plans. 3. The majority of the trees in the proposed landscape plan are concentrated near the entrance into the school, along North 43 rd Terrace. There are two small cluster of trees that on the west property line, effectively screening two residence s rear yards. The code compliant landscape plan provides a substantial buffer between the residences to the north and east on the school grounds. Even though the single-family homes are closer to North 43 rd Street and Georgia Avenue, respectively, their rear yards are screened by natural vegetation rather than a privacy fence. November 13, 2018 Page 6

7 Applicant Response: Comment acknowledged. Public Works Comments: A) Items that require plan revision or additional documentation before engineering can recommend approval: B) Items that are conditions of approval (stipulations): C) Comments that are not critical to engineering s recommendations for this specific submittal, but may be helpful in preparing future documents: Application Starts At 19:05: APPEAL NO. 2303, WIL ANDERSON WITH BHC RHODES, 77 South James Street, zoned M-3 Heavy Industrial District. This appeal has been submitted to allow a new truck maintenance and leasing facility to be built without meeting the 18-inch freeboard required for new construction within the Special Flood Hazard Area. FEMA maps show a base flood elevation of 751. The appellate is requesting to build at an elevation of 751 rather than 752.5, a difference of 18 inches. Appeared in Support: Wil Anderson with BHC Rhodes, applicant, 712 State Avenue, Kansas City, Kansas No one appeared Staff Recommendation Starts At 22:55: Planning Director Richardson stated that he would note that it is extremely rare to give a variance to the floodplain part of the code. In this case the gentleman from FEMA has said that the map is wrong and they are pursuing a note on the map to state as such and Mr. Anderson gave a very good explanation of the issue. He would further note that the community rating system through FEMA whereby they analyze the city s code and how the business of the floodplain is conducted and allows anyone in Wyandotte County that buys flood insurance to purchase it at a reduced rate (15 to 20 percent.) The city is at a point right now with the points in that system whereby giving a variance would give a significant points reduction. He stated that the city can take this one-time points reduction for this action and still maintain the current level of discount for the citizens. With that information before the Board, the staff recommends approval. November 13, 2018 Page 7

8 Motion/Vote Starts At 25:06: the hearing, on motion by Ms., seconded by Dr., the Board of Zoning Appeals voted as follows to APPROVE this appeal subject to a Note to User being placed on the map until such time as the map is updated by FEMA: Connelly Reasons Motion to APPROVE Passed: 6 to 0 Application Starts At 25:45: APPEAL NO. 2304, COPART, 6130 Kansas Avenue, zoned M-3 Heavy Industrial District. This appeal has been submitted to not install a required landscape buffer due to a mobile home from the adjacent property extending onto the property. Sec (h) states that six-foot high architectural screening in combination with a buffer area is required along all side and rear property lines common to residential property. Applicant is requesting to not provide screening along the portion of the property line where the mobile home extends onto the property. Appeared in Support: Anna Krstulic, attorney representing the applicant, Stinson Leonard Street LLP, 1201 Walnut Street, Suite 2900, Kansas City, Missouri Kevin Heese with Copart Buck with Copart Letter from attorney David Nachman, representing one of the property owners within 200 was read into the record by Ms. Krstulic A representative of the business at 6220 Kansas Avenue, Kansas City, Kansas Staff Recommendation Starts At 30:22: Planning Director Richardson stated that he is concerned about the extended request tonight. This is basically 364 feet of landscaping and this is going to be a salvage lot so it will look similar to the lot to the south. There will be tow trucks, forklifts, etc. moving cars in and out. This is a residential area and the code November 13, 2018 Page 8

9 is intended to benefit the residences there. Even though the other adjoining property owner does not object, the staff recommends approval of this application subject to the plan shown on page 9 in the staff report. He stated that he would note that they do not have all their approvals from the city on the other site and the staff is looking into the water issue itself. The way it was supposed to be designed there should not have been those water issues. Before they get their final approvals to operate, the city is going to make sure that it was built according to plans and they aren t putting water where it was previously. The public hearing portion of the meeting was reopened at for Board Member to address questions to the applicant. Motion/Vote Starts At 35:55: the hearing, on motion by Mr., seconded by Mr. Reasons, the Board of Zoning Appeals voted as follows to APPROVE this appeal for the landscaping as outlined in the staff report on page 9: Connelly Reasons Motion to APPROVE Passed: 6 to 0 Subject to: Urban Planning and Land Use Comments: 1. Are you planning to have a gap in the metal fence for access to the mobile home? Have you considered moving the fence and landscaping to behind the mobile home in order to maintain a solid screening barrier (see red line in diagram below for potential alignment)? Please explain why this is or is not possible. November 13, 2018 Page 9

10 Applicant Response: Just to clarify, the mobile home in question straddles the property line near the southeast corner of the Copart property. The mobile home entirely on the Copart property previously has been moved. See figure below for clarification. See next page for explanation. November 13, 2018 Page 10

11 There will not be a gap in the metal fence for access to the mobile home. The mobile home belongs to the adjacent property owner, who does not require access to the Copart site and has crossed the property line onto Copart s property. The fence has already been constructed as shown on the plan. The fence was constructed as shown because the mobile home is situated on land owned by Copart. It was the intention of Copart to work with the adjacent land owner for the mobile home to be moved prior to use of the facility, but requests for the mobile home to be moved have not been successful. As the mobile home has not been moved, the landscape buffer cannot be physically constructed at this location, leading to this zoning variance request. As the facility is constructed and ready for use, a zoning variance is required in order to obtain their occupancy permit without the mobile home being moved. The fence has also been constructed as shown to maximize the usable fenced-in area on the Copart property. Demolishing and rebuilding the fence in the southeast portion of the property would hinder Copart s use of the facility in this area. The plans have not been revised but have been submitted again for reference. We believe we have addressed all comments on this project. If you have any additional questions or concerns, please feel free to contact us. Application Starts At 36:45: APPEAL NO. 2305, DOUG BACH WITH UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS, 2913 Hutton Road, zoned AG Agriculture District. This appeal has been submitted to build a new fire station with a front yard setback of 25 feet. Sec (d)2 states that the setback from the front property line shall not be less than 50 feet. Appellant is requesting to provide a setback of 25 feet, a violation of 25 feet. Appeared in Support: Kile Morrison, Archimages, Inc., representing the applicant, West 95 th Street, Lenexa, Kansas No one appeared Staff Recommendation Starts At 39:30: Planning Director Richardson stated that the building will be moved 10 south to accommodate some turning radius issues. The staff recommends approval with that one comment. November 13, 2018 Page 11

12 Motion/Vote Starts At 39:56: the hearing, on motion by Ms., seconded by Ms., the Board of Zoning Appeals voted as follows to APPROVE this appeal: Connelly Reasons Motion to APPROVE Passed: 6 to 0 Subject to the staff comments THE BOARD OF ZONING APPEALS Janet L. Parker, CSC/APC BY: Janet L. Parker, Secretary November 13, 2018 Page 12