1. ROLL CALL Richardson (Vice-Chair) Vacant Bisbee Hamilton Wells Roberts-Ropp Carr (Chair) Peterson Swearer

Transcription

1 AGENDA BOARD OF ZONING APPEALS Tuesday, January 22, :30 PM City Council Chambers 125 East Avenue B, Hutchinson, Kansas 1. ROLL CALL Richardson (Vice-Chair) Vacant Bisbee Hamilton Wells Roberts-Ropp Carr (Chair) Peterson Swearer 2. APPROVAL OF MINUTES Meeting of December 11, CORRESPONDENCE & STAFF REPORTS Motion to accept documents into the official record. 4. PUBLIC HEARINGS a. ZV Request to build a second detached garage for the property located at 3900 North Lakeview Road. Request for a variance from Sec G.4 (one garage per single-family residential lot) for the property located at 3900 North Lakeview Road. (Staff Representative: Aaron Barlow, Associate Planner) Action: Motion to (approve / deny) variance request #ZV from the requirements of the Hutchinson Zoning Regulations, sec G.4. (detached one garage per single-family residential lot), to build a second detached garage at the property located at 3900 Lakeview Road based upon a finding that the factors required are (met / not met). 5. UPCOMING CASES None 6. CITY COUNCIL UPDATE - a. SDF Navarro Replat - Approved. b. SDF Sims Replat Approved. 7. OPEN COMMENTS FROM THE AUDIENCE (Please limit comments to five minutes.) 8. ANNOUNCEMENTS None 9. ADJOURNMENT Staff Contacts: Jim Seitnater Aaron Barlow Amy Allison Vacant Charlene Mosier

2 ITEM 2 BOARD OF ZONING APPEALS MINUTES MEETING OF: TUESDAY, DECEMBER 11, 2018 MEETING LOCATION: CITY COUNCIL CHAMBERS 125 EAST AVENUE B 1. ROLL CALL The Board of Zoning Appeals meeting was called to order at 5:30 p.m. with the following members present: Jon Richardson (5/5), Tommy Hornbeck (5/5), Terry Bisbee (5/5), Darryl Peterson (5/5), Janet Hamilton (4/5), Valerie Roberts-Ropp (4/5), Brock Wells (3/5), and Todd Carr (4/5). Staff present were: Jim Seitnater, Interim Director of Planning & Development; Amy Allison, Senior Planner; Aaron Barlow, Associate Planner; and Jade Shain, Planning Technician. 2. APPROVAL OF MINUTES The minutes of the October 9, 2018 meeting were approved on a motion by Hamilton, seconded by Bisbee, passed unanimously. 3. CORRESPONDENCE & STAFF REPORTS The documents and staff reports were accepted into the official record on a motion by Bisbee, seconded by Wells, passed unanimously. 4. PUBLIC HEARING a. ZV Request to construct a ten (10) foot tall chain-link fence at 18 W 11 th Avenue, Hutchinson, Kansas Hornbeck asked for the staff presentation. Allison provided the staff presentation. Allison said this is a request for a variance from the maximum fence height in of the Hutchinson Zoning Regulations, which requires a maximum of six (6) foot fence in the rear yard. The applicant would like to erect a ten (10) foot tall chain-link fence in the rear half of the property. Next, Allison reviewed the findings of fact required for variance requests:

3 BOARD OF ZONING APPEALS MINUTES MEETING OF: TUESDAY, DECEMBER 11, 2018 Finding 1. The request for a variance must arise from a condition which is unique to the property in question, is not commonly found on other parcels in the same zone or district and is not created by an action or actions of the property owner or applicant. 2. Granting of the variance must not adversely affect the rights of adjacent property owners or residents. 3. Strict application of the zoning regulations must cause an unnecessary hardship for the property owner. The variance must not merely serve as a convenience to the applicant but must alleviate some demonstrable or unusual hardship or difficulty. 4. Granting of the variance must not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. 5. Granting of the variance must not be contrary to the general spirit and intent of the Zoning Regulations. Analysis The proposed use of the property, basketball court, is a permitted use in the C-1 Zoning District. This use, outside of public parks, is not common within the city of Hutchinson. The few athletic fields located on private property in the City pre-date our current regulations. Many of those fields have fences that are more than six feet in height. The current regulations do not address fencing for this type of use. While the need for the variance is being created by the applicant, the proposed use is a permitted use and the fence regulations may be insufficient in regards to these types of uses. The applicant is requesting a variance for a taller than permitted fence to ensure that any sports equipment used on the property will remain on the property, and not in the street or the neighbor s yard. The proposed fence is designed to limit any negative impacts on neighboring properties. In addition, the proposed fence would be located in the rear half of the lot so the fence will not be a visual barrier along the frontage of the adjoining properties. As mentioned previously, private athletic fields are not a common use in the City. For those that pre-date the existing regulations, taller fences were approved for safety reasons. The strict application of the existing fence regulations would only permit a fence 6 feet in height to be built. The American Society for Testing and Materials recommends a minimum 10- foot-tall fence for athletic fields for safety purposes, Exhibit A. Should the request be denied, the applicant could only erect a six-foot-tall fence that does not address all of the potential safety concerns of the use. The request would not adversely affect the public health, safety, morals or general welfare of the City. If the request were granted, the fence would protect the public health and safety. The basketball court, though private, would be open to the public. Staff does not feel that the approval of this request would be contrary to the spirit and intent of the Zoning Regulations. The fence regulations were established primarily with residential fencing in mind. The fence regulations may be too narrow to meet all of the needs within the City. Reviewing and potentially revising the fence regulations is anticipated to take place in Met Not Met 2

4 BOARD OF ZONING APPEALS MINUTES MEETING OF: TUESDAY, DECEMBER 11, 2018 Hornbeck asked the applicant to address the Board. Stuckky said the fence would enclose the basketball court only. Stabb said the area would be landscaped. Hornbeck asked for Staff to provide the recommendation. Allison said staff recommends approval of the variance request Hornbeck closed the public hearing and asked for a motion. Motion by Bisbee, seconded by Wells and passed unanimously, to approve zoning variance request ZV to erect a ten (10) foot tall chain-link fence located at 18 W 11 th Avenue. 5. UPCOMING CASES a. None 6. OPEN COMMENTS FROM THE AUDIENCE a. There were no comments from the audience. 7. ANNOUNCEMENTS a. None. 8. ADJOURNMENT The meeting adjourned 6 p.m. Respectfully Submitted, Jade Shain Planning Technician Approved this day of 2019 Attest: 3

5 Planning & Development Department 125 E Avenue B Hutchinson KS STAFF REPORT Planning Commission Board of Zoning Appeals DATE: January 9, 2019 Agenda Item #: 4A CASE #: ZV PUBLIC HEARING: YES NO MEETING DATE: January 22, 2019 REQUEST Comprehensive Plan Amendment Conditional Use Permit Final Plat Language Amendment Preliminary Plat Study Session Subdivision Variance Zoning Amendment Other Appeal Special Use Permit Variance STAFF STAFF REPRESENTATIVE: Aaron Barlow Associate Planner PROPERTY PHOTO 3900 Lakeview Road APPLICANT INFORMATION APPLICANT: Jerry McGonigle 3900 Lakeview Rd Hutchinson KS PROPERTY OWNER: Jerry McGonigle 3900 Lakeview Rd Hutchinson KS DESIGN PROFESSIONAL: N/A STAFF RECOMMENDATION: CONCURRENT APPLICATIONS: N/A APPROVAL DENIAL APPLICATION MATERIALS: See City website: PROJECT SUMMARY COMP PLAN COMPATIBILITY LOCATION MAP Request for a variance from G.4 of the Hutchinson Zoning Regulations, which prohibits more than one garage on any residential lot. The applicant would like to build a second garage on the property. The property is designated as Low Density Residential on the Comprehensive Plan Land Use Map Lakeview Road PROPERTY INFORMATION NOTIFICATIONS & REVIEW ZONING: R-3, Moderate Density Residential District COMP PLAN DESIGNATION: Low Density Residential SUBDIVISION: Unsubdivided Tract EXISTING LAND USE: Single-family House, Detached Garage, Lake SITE IMPROVEMENTS: Additional Detached Garage SIZE OF PROPERTY: 20.6 acres DEVELOPMENT REVIEW: 1/8/2019 PUBLIC NOTICE PUBLISHED 12/28/2018, Hutchinson News PROPERTY OWNER NOTICE MAILED: 12/27/2018 to 26 owners of 26 surrounding properties NEXT STEPS: Building Permit, if approved FOR OFFICE USE ONLY Approved Approved with Conditions Denied Tabled

6 ZV BZA STAFF REPORT 3900 LAKEVIEW ROAD 1/22/2019 PUBLIC HEARING ANALYSIS OF FINDINGS OF FACT REQUIRED FOR VARIANCE REQUESTS: Finding Analysis Met Not Met 1. The request for a variance must arise from a condition which is unique to the property in question, is not commonly found on other parcels in the same zone or district and is not created by an action or actions of the property owner or applicant. The property s relatively large size (20.6 acres) is not a unique enough condition to necessitate a second detached garage. There are several lots of equal or greater size within City Limits. The applicant intends to use the proposed garage to store agricultural implements needed to maintain the property to the east (which the applicant also owns). Staff provided several approvable alternatives that were not satisfactory for the applicant s needs. The applicant could attach the proposed garage to either of the existing structures on the lot or place the proposed structure on the adjacent lot. This variance request is a result of applicant preference and not from any unique conditions. Not met 2. Granting of the variance must not adversely affect the rights of adjacent property owners or residents. The proposed garage would be located near the center of the subject property. Because of the size of the lot, the amount of trees screening the lot, and the distance of the proposed structure from any adjacent properties, granting this variance request would not affect the rights of adjacent property owners or residents. 3. Strict application of the zoning regulations must cause an unnecessary hardship for the property owner. The variance must not merely serve as a convenience to the applicant but must alleviate some demonstrable or unusual hardship or difficulty. The applicant could conform to regulations if the proposed garage were attached to one of the two existing buildings on the subject property. Or, as stated above, move the proposed garage to the agricultural lot that the applicant has recently purchased. Strict application of the zoning regulations will not cause unnecessary hardship since feasible design alternatives are possible. Not met 4. Granting of the variance must not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. Permitting construction of the proposed garage would not adversely affect the public health, safety, morals, convenience or prosperity. However, granting the variance would impact the public order, changing how staff would have to interpret G.4 and when a second garage would be permitted. If the Board of Zoning Appeals approves the requested variance, the Planning Commission will need to advise staff to revisit the regulations and make revisions that conform with the Board s determination. Mixed 5. Granting of the variance must not be contrary to the general spirit and intent of the Zoning Regulations. The intent of G.4 in the Hutchinson Zoning Regulations is to maintain a consistent and orderly development pattern in residential districts. Allowing a second garage on this lot would go against the intent of this regulation and the community s public order. The Board will need to advise staff to revisit the regulations and make revisions that conform with the Board s determination if they approve this request. Not met 2

7 ZV BZA STAFF REPORT 3900 LAKEVIEW ROAD 1/22/2019 PUBLIC HEARING SITE PLAN: 3

8 ZV BZA STAFF REPORT 3900 LAKEVIEW ROAD 1/22/2019 PUBLIC HEARING ZONING MAP: COMPREHENSIVE PLAN LAND USE MAP: 4

9 ZV LAKEVIEW ROAD BZA STAFF REPORT 1/22/2019 PUBLIC HEARING PHOTOGRAPHS OF THE SUBJECT PROPERTY: DEVELOPMENT REVIEW COMMITTEE COMMENTS: A development review committee meeting was held on January 8, 2019 to consider this request. There were no comments. EXHIBITS: A Site Plan Submitted by applicant, Jerry McGonigle B Location Map showing Subject Property 5

10 Exhibit A

11 Exhibit B ZV : 3900 N LAKEVIEW RD HUTCHINSON KS Subject Property AR TI N LAKEVIEW PANORAMA M Prepared by Planning and Development December 19, K HALSTEAD KRIS 36TH KING ROW LA ND WA LD R ON 37TH DILLON 1,000 Feet