Planning Commission

AGENDA Board of Zoning Appeals Meeting 6:30 PM - Thursday, June 15, 2023 Council Room Page 1. CALL MEETING TO ORDER 2. ROLL CALL 3. CONSIDERATION OF MINUTES 3.1. Adoption of Minutes 3 - 11 Recommended Motion: Approve the regular meeting minutes of March 2, 2023, as presented. March 2, 2023 Meeting Minutes 4. NEW BUSINESS 4.1. Exception: Waive Design Requirements for Accessory Structure at 2324 13 - 43 N. Rough Creek Rd. Recommended Motion: Adopt a resolution waiving the design requirements of Article 600.C.5 to permit the placement and modification of a 14 ft. diameter and 12 ft. high grain bin with metal siding and roofing at 2324 N. Rough Creek Rd. Agenda Item Report - AIR-23-118 - Pdf 5. ANNOUNCEMENTS 6. ADJOURNMENT June 15, 2023 Board of Zoning Appeals Agenda Packet Page 1 of 43 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 2 of 43  MINUTES Board of Zoning Appeals Meeting 6:30 PM - Thursday, March 2, 2023 Council Room The Board of Zoning Appeals of the City of Derby was called to order on Thursday, March 2, 2023, at 6:30 PM, in the Council Room, with the following members present: PRESENT: Jessica Rhein Chris Voth Dale Wells Gary Renberger Janet Sprecker Larry Gould Mitch Adams Jamie Werbin ABSENT: Dana Quigley Michael Emond 1 CALL MEETING TO ORDER 2 ROLL CALL 3 CONSIDERATION OF MINUTES a) Adoption of Minutes Gary Renberger moved, seconded by Jamie Werbin, to approve the regular meeting minutes of January 19, 2023, as presented. RESULT: Carried MOVER: Gary Renberger SECONDER: Jamie Werbin AYES: Jessica Rhein, Dale Wells, Gary Renberger, Janet Sprecker, Larry Gould, Mitch Adams, and Jamie Werbin ABSTAINED: Chris Voth ABSENT: Dana Quigley and Michael Emond 4 NEW BUSINESS a) Exception: Reduce Rear Setback on Lot 10, Block A, The Oaks 2nd Addition BACKGROUND: General Location: 2500 N. Sawgrass Ct. (location map attached) Property Owner/Applicants: Page 1 of 9 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 3 of 43  • Property Owner: Janice Schremmer • Applicants: Kevin & Sharon Morey Reason for Request: • Reduce the minimum required rear setback from 20 ft. to 12 ft. to facilitate construction of a single-family house on a vacant lot. Background Information: • The subject property is a 7,318 sq. ft. lot that was platted as part of The Oaks 2nd Addition in 2003. Upon platting, the lot was considered nonconforming as it did not meet the 8,400 sq. ft. minimum lot area required for the R-1 "Single- Family Residential District." The lot has remained vacant since platting. o Development of the lot has stalled due to its substandard size, which required a variance from the Board of Zoning Appeals. Numerous parties have inquired about developing the lot but did not proceed with the variance process. o The 2022 amendments reduced the minimum required lot area from 8,400 sq. ft. to 6,000 sq. ft., bringing the lot into compliance with the R-1 district regulations. o While now in compliance with the Zoning Regulations, the lot is smaller than surrounding properties and presents design and construction challenges, exacerbated by the curvature of the front setback and cul- de-sac. o The subject property is adjacent to a reserve which functions as part of the Derby Country Club Golf Course, which provides open space and a buffer between the subject property and The Greens apartments further east. • The applicants are the prospective buyers of the subject lot and desire to construct a single-family residence with a 2,630 sq. ft. footprint. The proposed design would encroach 8 ft. into the required 20 ft. rear setback. o In order to facilitate the construction of the home, an Exception from Article 401.D.2.c.1 is required to reduce the minimum required rear setback from 20 ft. to 12. ft. o A setback is a line parallel to a respective lot line that is internal to a lot and defines the minimum amount of open space that is required by the yard requirements of the district regulations. o The plot plan, depicting the proposed location and placement of the house on the lot, and the house's elevations and floor plans are attached for reference. o Site photos, depicting the subject lot and the reserve east of the lot are also attached for reference. LEGAL CONSIDERATIONS: • The Board is authorized to grant an Exception to reduce the minimum required rear setback for a principal structure from 20 ft. to 12 ft. in accordance with the standards established by state law and described in Section 1004.D of the Zoning Regulations. • The request for an Exception of the Zoning Regulations requires a public hearing: o Notice of the public hearing was published in the Derby Informer on February 8, 2023. Page 2 of 9 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 4 of 43  o Notice of the public hearing was sent to property owners within 200 ft. of the subject property on February 3, 2023. o A sign advertising the public hearing was posted onsite on February 3, 2023. o The certified ownership list is on file at City Hall. • At the time of this writing, staff has received one phone call and two emails (attached) regarding the request. o The caller and one emailer are in support of the request. o One emailer is in opposition of the request. o Any testimony provided during the public hearing should be considered by the Board in making a determination. • Approval of an Exception requires adoption of a resolution. o A draft resolution has been prepared by staff based on the consideration of each finding as presented in this report. The draft resolution is attached. o The Board may instruct staff to modify the resolution as necessary to reflect the findings of the Board. • Section 1004.D of the Zoning Regulations provides the standards for the development of findings of fact which act to support the Board's actions. The Board may grant an Exception when it makes specific written findings of fact, based upon the particular evidence presented at the hearing. The standards which must be considered are listed below with staff's considerations included. • The decision of the Board is final and does not require any further action. FINDINGS OF FACT 1. The proposed Exception will not cause substantial injury to the value of other property in the neighborhood. o The following are the zoning designations and uses of the surrounding properties: Zoning Designation Land Use R-1 "Single-Family North Single-Family Residence Residential District" R-1 "Single-Family Residential District" & East Golf Course, Apartments R-3 "Multiple-Family Residential District" R-1 "Single-Family South Single-Family Residence Residential District" R-1 "Single-Family West Single-Family Residence Residential District" o The proposed single-family residence is compatible with surrounding land uses. The requested reduction of the rear setback will not cause injury to the value of other properties as the golf course reserve east of the house provides ample open space, maintaining the intent of the rear setback to provide open space between structures on adjacent properties. 2. The location and size of the Exception, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the Exception will not dominate the immediate neighborhood so as to prevent development and use Page 3 of 9 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 5 of 43  of neighboring property in accordance with the applicable zoning district regulations. o The R-1 "Single-Family Residential District" bulk regulations require the following, followed by what is proposed: Bulk Pre-2022 Current Proposed Regulation Requirement Requirement Minimum 7,318 sq. 8,400 sq. ft. 6,000 sq. ft. Lot Area ft. Minimum 70 ft. 50 ft. 72 ft. Lot Width Minimum 100 ft. 90 ft. 100 ft. Lot Depth Minimum Front Yard 25 ft. 25 ft. 25 ft. Setback Minimum 9 ft. on one Side Yard side, 7 ft. on 5 ft. 6.5 ft. Setback other side Minimum 12 ft. 2 Rear Yard 25 ft. 20 ft. 1/16 in. Setback 36% Maximum (2,630 sq. Lot 30% 40% ft. Coverage footprint) o The proposed house complies with all current bulk regulations except the rear setback. Under the previous code, the proposed house would violate not only the rear setback but also the side setbacks, minimum lot area, and lot coverage. o The proposed footprint of the house is 2,630 sq. ft., which is consistent with the footprints of surrounding residences. o A driveway with a maximum paved area of 900 sq. ft. within the 25 ft. front setback is permitted (36 ft. maximum width), which is consistent with surrounding residences. 3. Adequate utility, drainage, sidewalks, and other such necessary facilities have been installed or will be provided by platting, dedications, and/or guarantees. o Municipal water and sanitary sewer currently exist adjacent to the site and are capable of serving a single-family residence and accessory uses. ▪ A 8 in. waterline is located in the Sawgrass Ct. right-of-way west of the lot. ▪ A 8 in. sanitary sewer main is located along the rear of the property. A sewer riser to serve the property is located near the southeast corner of the lot. o A public sidewalk is required with the construction of the house in accordance with municipal code. Construction of the house will complete the sidewalk loop on Sawgrass Ct. 4. Adequate access roads, entrance and exit drives and/or access control are available or will be provided by platting, dedications and/or guarantees and shall be designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. Page 4 of 9 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 6 of 43  o Sawgrass Ct. is a limited access local street, with the subject lot only being accessible from Sawgrass Ct. There are no access controls that prohibit access to Sawgrass Ct. from the subject property. o A driveway with a maximum paved area of 900 sq. ft. is permitted per Article 500.B.6.a.1 of the Zoning Regulations. o Single-family residences are required to provide one parking space. The proposed three car garage can accommodate three vehicles, exceeding the requirement. 5. The Exception will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. o The proposed 8 ft. encroachment into the 20 ft. rear setback is not expected to adversely affect public health, safety, and welfare. ▪ The house will not encroach into the 10 ft. rear utility easement where sewer and other utilities are located. ▪ The purpose of rear setback is to provide open space and separation between residences on adjacent lots. The subject lot's rear does not abut a single-family residence but rather a large golf course reserve. The presence of the golf course provides ample open space and buffering between the house and apartments further west, maintaining the intent of the rear setback. 6. Orderly land use planning will be achieved in keeping with the goals and proposals of the Comprehensive Plan. o A goal of the Vision Derby 2040 Comprehensive Plan is to encourage infill development in existing neighborhoods with existing infrastructure. Approving the requested Exception meets this goal by permitting development on one of the last remaining vacant lots within The Oaks. The development of this lot has stalled due to the lot's smaller size. 7. An alternative approach accomplishes the general spirit and intent of the provision in a manner that is equal to or better than strict compliance with the provision. o The proposed approach accomplishes the intent of the regulations by permitting construction of a single-family residence of a similar size as those on adjacent properties. The golf course reserve east of the property will maintain the appearance of a large, rear yard and open space in a manner greater than the required 20 ft. rear setback. The golf course reserve is approximately 280 ft. wide from the subject property's east property line to the west property line of The Greens Apartments. 8. Strict compliance with the provision is not feasible due to topography, existing development, or a natural area or feature or constitutes an unnecessary hardship upon the property owner. o Strict compliance with the regulation is a challenge due to the small nature of the lot and the curvature of the front setback and cul-de-sac. Strict compliance would require a reduction of the house's square footage to approximately 1,100 sq. ft., which is far less than adjacent homes and results in an unnecessary hardship on the property owner. 9. The proposed Exception arises from such a condition that is unique to the property and that is not ordinarily found in the same zone or district. o The property has been unique since platting by not meeting the minimum lot size requirement of the time, stalling development. Even with the 2022 amendments, which helped improve the developability, its smaller size compared to other nearby lots presented challenges with Page 5 of 9 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 7 of 43  constructing a home with a similar size as to those on adjacent properties. o The property is also unique in that it backs onto a large golf course reserve, which maintains the appearance of a large, rear yard open space. 10. The proposed Exception would be compatible with existing or permitted uses in surrounding areas. o The footprints of surrounding single-family residences range from 2,457 sq. ft. to 3,604 sq. ft., with the average square footage being 2,794 sq. ft. The footprint of the proposed residence is 2,630 sq. ft. (1,542 sq. ft. main floor, 829 sq. ft. garage, 164 sq. ft. covered patio, and 95 sq. ft. front porch), which is consistent with the average square footage of surrounding homes. The following is the lot coverage calculations for the subject property and adjacent single-family properties. House Lot Address Lot Area Footprint Coverage 2500 N. Sawgrass 2,630 sq. 7,318 sq. 36% Ct. (Subject ft. ft. Property) 2430 N 2,467 sq. 9,163 sq. Sawgrass 26% ft. ft. Ct. 2424 N. 2,457 sq. 9,462 sq. Sawgrass 26% ft. ft. Ct. 2425 N. 2,933 sq. 9,518 sq. Sawgrass 30.8% ft. ft. Ct. 2431 N. 2,510 sq. 9,078 sq. Sawgrass 28% ft. ft. Ct. 2501 N. 2,596 sq. 8,243 sq. Sawgrass 31.5% ft. ft. Ct. 2505 N. 3,604 sq. 15,319 sq. Sawgrass 23.5% ft. ft. Ct. 2508 N. 2,829 sq. 14,315 sq. Sawgrass 19.8% ft. ft. Ct. 2504 N. 2,956 sq. 13,006 sq. Sawgrass 22.7% ft. ft. Ct. o The maximum permitted lot coverage for the R-1 district is 40%. The proposed lot coverage does not exceed the maximum restriction but does exceed the average lot coverage of surrounding homes and would not have been permitted under the previous code, which permitted only a 30% maximum lot coverage. However, due to the presence of the golf course and open space, the house will not dominate the immediate Page 6 of 9 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 8 of 43  neighborhood and the minimum required front and side setbacks shall be enforced, maintaining consistency between the front elevations of the homes. POLICY IMPLICATIONS: Based on the preceding findings, staff recommends that the Board grant an Exception to reduce the minimum required rear yard setback for the principal structure from 20 ft. to 12 ft. with the following conditions. 1. The applicants shall apply for a building permit within 180 days of the Board's approval date. 2. The Exception shall comply with all other applicable zoning, building code, and municipal code requirements of the City. 3. Any additional requirements of the Board RECOMMENDED MOTION • Adopt a resolution to reduce the minimum required rear yard setback for the principal structure from 20 ft. to 12 ft. on Lot 10, Block A, The Oaks 2nd Addition. PUBLIC HEARING OPEN Board Chair Adams opened the public hearing and determined that a quorum was present. Adams asked if proper notice had been given. Everett Haynes, Assistant City Planner announced that proper notice had been given in accordance with State law. Adams asked commissioners to report any ex parte communications. There were no ex parte communications reported. Haynes introduced the agenda item. Dick Schremmer, 2508 N. Sawgrass Ct., addressed the Commission. He and his wife currently own the subject property and support the request. Adams asked if staff received written correspondence regarding the request. Haynes confirmed that staff received one phone call and two emails regarding the request. The caller and one emailer indicated support while one emailer had concerns regarding the house encroaching into their line of sight of the golf course. Haynes demonstrated how this is a common occurrence on cul-de-sac lots since the curvature of the cul-de-sac requires homes to sit further back than those on lots further away from the cul-de-sac. An example is the property across from the subject property, with the home sitting further back than the house to the south of it, but it meets all the required setbacks. Board Member Rhein added that the house across the street is on a larger lot than the subject property, per County records. PUBLIC HEARING CLOSED Adams asked staff to present the Findings of Fact. Haynes presented the Findings of Fact provided in the written staff report. 1.The proposed Exception will not cause substantial injury to the value of other property in the neighborhood. The Board agreed with the written findings of the staff report. Page 7 of 9 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 9 of 43  2. The location and size of the Exception, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the exception will not dominate the immediate neighborhood so as to prevent development and use of neighboring property with the applicable zoning district regulations. Rhein stated that if the rear setback was enforced, the house would appear to be smaller than adjacent homes and not in character with the surrounding area. Board Member Renberger asked if the house that could be built with the current restrictions could be 1,100 sq. ft.and if there are private covenants that would even allow a 1,100 sq. ft. house in the neighborhood. Haynes answered that the applicant will need to answer the question regarding the covenants but the referenced 1,100 sq. ft. is the living area of the house, not the total footprint. Sharon Morey, the applicant, answered that she has reviewed the covenants and could not locate a size requirement. The Board agreed with the written findings of the staff report. 3. Adequate utility, drainage, sidewalks, and other such necessary facilities have been installed or will be provided by platting, dedications, and/or guarantees. The Board agreed with the written findings of the staff report. 4. Adequate access roads, entrance and exit drives and/or access control are available or will be provided by platting, dedications, and/or guarantees and shall be designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. The Board agreed with the written findings of the staff report. 5. The Exception will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. The Board agreed with the written findings of the staff report. 6. Orderly land use planning will be achieved in keeping with the goals and proposals of the Comprehensive Plan. The Board agreed with the written findings of the staff report. 7. An alternative approach accomplishes the general spirit and intent of the provision in a manner that is equal to or better than strict compliance with the provision. The Board agreed with the written findings of the staff report. 8. Strict compliance with the provision is not feasible due to topography, existing development, or a natural area or feature or constitutes an unnecessary hardship upon the property owner. The Board agreed with the written findings of the staff report. 9. The proposed Exception arises from such a condition that is unique to the property and that is not ordinarily found in the same zone or district. The Board agreed with the written findings of the staff report. Page 8 of 9 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 10 of 43  10. The proposed Exception would be compatible with existing or permitted uses in surrounding areas. The Board agreed with the written findings of the staff report. Renberger jokingly asked if the Board is held harmless if the house is more prone to damage from errant golf balls due to its closer proximity to the golf course. Haynes answered that the City would not be liable for that. Janet Sprecker moved, seconded by Jamie Werbin, to adopt a resolution to reduce the minimum required rear yard setback for the principal structure from 20 ft. to 12 ft. on Lot 10, Block A, The Oaks 2nd Addition. RESULT: Carried MOVER: Janet Sprecker SECONDER: Jamie Werbin AYES: Jessica Rhein, Chris Voth, Dale Wells, Gary Renberger, Janet Sprecker, Larry Gould, Mitch Adams, and Jamie Werbin ABSENT: Dana Quigley and Michael Emond 5 ANNOUNCEMENTS Board Chair Adams asked for announcements from the Board. None were provided. Adams asked if any agenda items had been submitted for the March 16 meeting. Scott Knebel, City Planner, answered no agenda items had been submitted for March 16, nor for April 6. There will be an April 6 Planning Commission meeting. 6 ADJOURNMENT Chris Voth moved, seconded by Jessica Rhein, to adjourn at 6:54 p.m. RESULT: Carried MOVER: Chris Voth SECONDER: Jessica Rhein AYES: Jessica Rhein, Chris Voth, Dale Wells, Gary Renberger, Janet Sprecker, Larry Gould, Mitch Adams, and Jamie Werbin ABSENT: Dana Quigley and Michael Emond Recording Secretary Chair Page 9 of 9 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 11 of 43 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 12 of 43  New Business Item Subject: Exception: Waive Design Requirements for Accessory Structure at 2324 N. Rough Creek Rd. Meeting: Board of Zoning Appeals: June 15, 2023 Presented by: Everett Haynes, Assistant City Planner BACKGROUND: General Location: • 2324 N. Rough Creek Rd. (Location Map Attached). Applicants: • Property Owners: Rocky and Juliana Cornejo Reason for Request: • Waive design requirements for accessory structures to permit the placement and modification of a metal grain bin in the rear yard to function as an outdoor covered area adjacent to the pool. Background: • The subject property is zoned R-1 "Single-Family Residential District" and is part of The Oaks Addition. The property is adjacent to the Derby Country Club Golf Course to the east. • The property owners desire to place a 14 ft. diameter, 154 sq. ft., 12 ft. high grain bin near the southeast corner of the house and adjacent to the existing pool (plot plan attached). The applicants intend to modify the grain bin to function as an outdoor seating area adjacent to the pool, which has become a popular trend. Photos of sample grain bin projects are attached along with the applicants' written statement. • Article 600.C.5 of the Zoning Regulations requires accessory structures 120 sq. ft. in floor area or more to be of a similar architectural design and material as the primary structure. o The primary structure's exterior materials are primarily brick, stone, and lap siding with asphalt shingles. Under the regulation, new accessory structures on the subject property must have a combination of these exterior materials. o The proposed grain bin is metal, with a rusticated appearance, which does not comply with the subject regulation and requires an Exception. • The applicants have provided a site plan that identifies the location of the proposed grain bin. Photos of the property and surrounding area are also attached for visual reference. LEGAL CONSIDERATIONS: June 15, 2023 Board of Zoning Appeals Agenda Packet Page 13 of 43  • The Board is authorized to grant an Exception from the bulk and design regulations for accessory structures in accordance with the standards established by state law and described in Section 1004 of the Zoning Regulations. • The request for an Exception requires a public hearing. o Notice of the public hearing was published in the Derby Informer on May 24, 2023. o Notice of the public hearing was mailed to property owners within 200 feet of the subject property on May 19, 2023. o A sign advertising the public hearing was posted onsite on May 19, 2023. • At the time this report was prepared, staff has received one phone call and three emails. o The caller expressed concern that the applicant relocated the required public hearing sign closer to the house and was therefore not easily visible to the public. o The emails all indicate opposition to the request, citing concerns with aesthetics, visibility, and noncompliance with City ordinance and Homeowners Association (HOA) covenants. The emails are attached for reference. o Any testimony provided during the public hearing should be considered by the Board in making a determination. • Approval of an Exception requires adoption of a resolution. o A draft resolution has been prepared based upon the consideration of each finding as presented in this report. The draft resolution is attached. o The Board may instruct staff to modify the resolution as necessary to reflect the findings of the Board. • Section 1004.D of the Zoning Regulations provides the standards for the development of findings of fact which act to support the Board's actions. The Board may grant an Exception when it makes specific written findings of fact, based upon the particular evidence presented at the hearing. The standards which must be considered are listed below with staff's considerations included. • The decision of the Board is final and does not require any further action. FINDINGS OF FACT 1. The proposed Exception will not cause substantial injury to the value of other property in the neighborhood. o The subject property is a 14,982 sq. ft. lot occupied by a single-family residence with a swimming pool. The property is adjacent to a golf course to the east and single-family residences to the north, south, and west. o The applicants' plot plan indicates that the grain bin will be placed near the southeast corner of the house, adjacent to the swimming pool. An existing wing wall and the topography of the property provide some screening from the adjacent properties to the south. o The grain bin will not be highly visible from the Tall Tree Rd. public right-of-way, as seen in the attached photos. The structure will be most visible from the adjacent single-family homes, golf course, and homes east of the golf course on Fairway Ln. Photos of the subject property taken from the Fairway Ln. public right-of-way between the homes are attached for reference. o The proposed grain bin will have a diameter of 14 ft. and height of 12 ft., for a total area of approximately 154 sq. ft. An Exception is required for the proposed grain bin because it exceeds 120 sq. ft., triggering the subject provision. If the structure was 34 sq. ft. less in area, it could be placed on the property without the need for an Exception. ▪ Neighboring owners could place/construct a similar accessory structure 120 sq. ft. or less in area without the need for an Exception. The proposed square footage reasonably exceeds this size threshold without creating a situation that is June 15, 2023 Board of Zoning Appeals Agenda Packet Page 14 of 43  detrimental to the value of other property in the neighborhood as opposed to a structure larger in size that could have a detrimental impact on property values. 2. The location and size of the Exception, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the Exception will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. o The R-1 district and the subject property's conditions require the following minimum setbacks: ▪ Front Yard Setback: 25 Ft. (west along Rough Creek) ▪ Side Yard Setbacks: 5 ft. (Along north and south property lines) ▪ Rear Yard Setback: 10 ft. (Along east property line) o The provided plot plan indicates that the grain bin will be placed 9 ft. from the south property line and 30 ft. from the rear property line, exceeding the minimum required setbacks. o The maximum permitted height for accessory structures within the R-1 district is 21 ft. The proposed grain bin has a height of 12 ft. o The proposed grain bin has a diameter of 14 ft., with a square footage of approximately 154 sq. ft. o The proposed use of the grain bin will not detrimentally affect the neighborhood, as it will function as an accessory structure serving as an outdoor seating area for the pool. o The subject property is partially visible from the Tall Tree Rd. and Fairway Ln. right-of- ways. Berms and trees within the golf course property provide some screening from Tall Tree Rd. The structure will be most visible from the adjacent single-family residences on the east side of Rough Creek Rd. and those on the west side of Fairway Ln. and Ct. across the golf course. Photos taken from the Tall Tree Rd. and Fairway Ln. right-of- ways are attached for reference. The smaller nature of the structure will limit the visual impact and is less egregious than a larger structure of similar design and materials would be. 3. Adequate utility, drainage, sidewalks, and other such necessary facilities have been installed or will be provided by platting, dedications, and/or guarantees. o Municipal and private utilities are currently provided to the site. The applicant has not indicated if utilities are proposed to be extended to serve the structure. ▪ Any future extension of utility services to serve the structure is the responsibility of the property owner. ▪ Existing utilities are adequate to serve the proposed accessory structure and any others on the subject property. o A sidewalk connection is not required since the structure is not a public or commercial building. The property owners may elect to construct a sidewalk from the house to the structure in the future. o The property and adjacent properties generally drain east to two stormwater sewer drop inlets within the golf course reserve directly east of the subject property. The proposed location of the grain bin is not within a drainage easement and will not obstruct the flow of water to these inlets. 4. Adequate access roads, entrance and exit drives and/or access control are available or will be provided by platting, dedications and/or guarantees and shall be designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. o The proposed grain bin will not generate excess traffic as it will be accessory to a single-family residence. A driveway is not required to serve the accessory structure. Staff does not believe this finding is relevant to the request. 5. The Exception will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. June 15, 2023 Board of Zoning Appeals Agenda Packet Page 15 of 43  o Fire and police protection are currently provided to the site. The addition of an accessory structure is not expected to increase demand for fire and police services. The structure is required to be installed in accordance with building codes and setback requirements, which are intended to prevent fire and the spread of structure fires to nearby structures. o The proposed grain bin will not affect public health, safety, and welfare as an accessory structure to a single-family residence. The accessory structure is not permitted to function as a commercial or industrial use which could have negative impacts on public health, safety, and welfare. The expressed intent of the structure is to serve as a poolside outdoor seating area. 6. Orderly land use planning will be achieved in keeping with the goals and proposals of the Comprehensive Plan. o The Vision Derby 2040 Comprehensive Plan does not specifically reference accessory structures on single-family residential properties. Staff does not believe this finding is relevant to the request. 7. An alternative approach accomplishes the general spirit and intent of the provision in a manner that is equal to or better than strict compliance with the provision. o The purpose of Article 600.C.5 is to provide visual harmony and consistency between primary and accessory structures as to not detrimentally affect the aesthetics of a neighborhood. The regulation only applies to accessory structures that exceed 120 sq. ft. in size. The proposed circular grain bin has a diameter of 14 ft., with an area of 153.86 sq. ft. If the grain bin was 33.86 sq. ft. less in size, an Exception would not be required. The proposed size is a reasonable request and not egregious in nature, keeping with the spirit of the regulations. o The intent of the design requirement is to ensure that storage buildings and garages match the design of the house. Other accessory structures such children's playhouses, statuary, arbors, trellis, gazebos, and the proposed grain bin are not expected to match the design of the house. Such uses are typically permitted by right because they are less than 120 square feet in size. The Exception process ensures that larger accessory structures, such as the proposed grain bin, are compatible with surrounding uses. 8. Strict compliance with the provision is not feasible due to topography, existing development, or a natural area or feature or constitutes an unnecessary hardship upon the property owner. o Strict compliance with Article 600.C.5 would require the grain bin to be modified to have a combination of brick and lap siding and asphalt shingles as the exterior materials. The other option would be to construct a structure or place a pre-fabricated accessory structure that meets the requirements of the provision. 9. The proposed Exception arises from such a condition that is unique to the property and that is not ordinarily found in the same zone or district. o The proposed Exception does not arise from a condition that is unique to the topography or geometrics of the subject property. 10. The proposed Exception would be compatible with existing or permitted uses in surrounding areas. o Accessory structures are permitted in all residential zoning districts, with limitations. These limitations not only include design and material requirements but also size, lot coverage, setback, and height limitations. The following are the lot coverage calculations for the subject property and surrounding single-family properties, accompanied by the maximum size of an accessory structure(s) that would be permitted on the property. House Lot Maximum Lot Address Footprint Area Permitted Coverage June 15, 2023 Board of Zoning Appeals Agenda Packet Page 16 of 43  Accessory Structure(s) 2324 N. 20.2% Rough 2,970 sq. ft. 3,022 sq. 14,982 (Current) Creek Rd. (154 sq. ft. ft. sq. ft. 21.2% (w/ (Subject proposed) Grain Bin) Property) 2330 N. Rough 2,935 sq. 12,343 2,002 sq. ft. 23.8% Creek Rd. ft. sq. ft. (North) 2325 N. 3,096 sq. 13,222 Fairway Ln. 2,192 sq. ft. 23.4% ft. sq. ft. (Northeast) 2319 N. 2,889 sq. 14,984 Fairway Ct. 2,889 sq. ft. 19.3% ft. sq. ft. (East) 2,085 sq. ft. 2313 N. 2,973 sq. 12,646 (100 sq. ft. Fairway Ct. 24.3% ft. sq. ft. existing (Southeast) shed) 2318 N. Rough 3,119 sq. 12,176 1,751 sq. ft. 25.6% Creek Rd. ft. sq. ft. (South) 2313 N. Rough 2,981 sq. 12,087 1,853 sq. ft. 24.7% Creek Rd. ft. sq. ft. (Southwest) 2319 N. Rough 4,958 sq. 16,118 1,489 sq. ft. 30.8% Creek Rd. ft. sq. ft. (West) 2325 N. Rough 3,003 sq. 13,388 2,352 sq. ft. 22.4% Creek Rd. ft. sq. ft. (Northwest) o Maximum Size: Accessory structures are not permitted to exceed the size of the primary structure nor the maximum lot coverage, whichever comes first. In this case, no accessory structure can exceed 2,970 sq. ft. on the subject property due to lot coverage restrictions. The proposed grain bin has a total footprint of 154 sq. ft., significantly less than the house footprint. For comparison, the above sizes of accessory structures would be permitted on surrounding properties based on the sizes of the houses on those properties and lot coverage restrictions. Overall, the proposed structure will be significantly smaller than what could be built on adjacent properties. o Maximum Lot Coverage: The maximum permitted lot coverage in the R-1 district is 40%. The addition of a 154 sq. ft. grain bin accessory structure would bring the total lot coverage to 21.2%. In comparison, the adjacent properties have current lot coverages of the values provided above. The resulting lot coverage on the subject property after installation of the grain bin will be less than all but one of the surrounding properties. June 15, 2023 Board of Zoning Appeals Agenda Packet Page 17 of 43  o Minimum Setbacks: As analyzed in Finding 2, the proposed location of the grain bin exceeds the minimum required setbacks. o Maximum Building Height: The maximum permitted building height for accessory structures in the R-1 district 21 ft. The proposed height is 12 ft. POLICY IMPLICATIONS: • Based on the preceding findings, staff recommends that the Board grant an Exception to permit a grain bin to be modified as an outdoor seating area at 2324 N. Rough Creek Rd. with the following conditions: a. The structure shall not be utilized in whole or in part for any unauthorized home occupations. b. Any increase in size and/or future addition(s) to the structure shall require further review and approval by the Board. c. The applicants shall apply for a building permit within 180 days of the Board's approval date. d. The Exception shall comply with all other applicable zoning and building code requirements of the City. e. Any additional requirements of the Board. RECOMMENDED MOTION: • Adopt a resolution waiving the design requirements of Article 600.C.5 to permit the placement and modification of a 14 ft. diameter and 12 ft. high grain bin with metal siding and roofing at 2324 N. Rough Creek Rd. ATTACHMENTS: Location Map Plot Plan Grain Bin Example Projects Applicant Statement Photos Opposition Emails Resolution June 15, 2023 Board of Zoning Appeals Agenda Packet Page 18 of 43  Location Map 2324 N. Rough Creek Rd. Exception: Permit Grain Bin Accessory Structure in Rear Yard Derby Golf & Country Club Fairway Ln. SUBJECT SITE June 15, 2023 Board of Zoning Appeals Agenda Packet Page 19 of 43 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 20 of 43 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 21 of 43 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 22 of 43 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 23 of 43  Written Statements How compliance with limitations and/orspecial conditions or requirements imposed by the Zoning Regulations prevent the proposed use or construction. The Regulations say, structure must be built with like materials such as existing structure. In this case my home. Why the proposed exception will not cause substantial injury to the value of other property in the neighborhood. Because it will be maintained and will have landscape around it to maintain quality of the neighborhood. How the proposed exception to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations. See Site Layout Plan, attached Present other data which supports the standards speci?ed in section 1004. See attached June 15, 2023 Board of Zoning Appeals Agenda Packet Page 24 of 43  Section 1004.D. Derby Zoning Regulations (Excerpt from Article 1004 of the Zoning Regulations) D. Standards. The Board may grant an exception based upon speci?c written ?ndings of fact made after consideration of the request and any comments and/or evidence presented to the Board before and during the hearing provided in accordance with subsection C above in light of relevant factors, including but not limitedto the following: 1 The proposed exception will not cause substantial injury to the value of other property in the neighborhood. This typ of outdoor covered area has in the Iastfew years become popular. They can be made into very nice looking structures The location and size of the use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the exception will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. This structure will not prevent neighbors from any kind of devoplmem on there properties. £3. Adequate utility, drainage, sidewalks and other such necessary facilities have been installed or will be provided by plating, dedications and/or guarantees. No drianage work will be required for this stmclure Adequate access roads, entrance and exit drives and/or access control is available or will be provided by platting, dedications and/or guarantees and shall be designed to prevent traffic hazards and to minimizetraf?c congestion in public streets and alleys. N/A The exception will not adversely affect the public health, safety, morals, order, convenience, prosperity. or general welfare. This is correct. Orderly land use planning will be achieved in keeping with the goals and proposals of the Comprehensive Plan. This is correct. An alternative approach accomplishes the general spirit and intent of the provision in a manner that is equal to or better than strict compliance with the provision. N/A Strict compliance with the provision is not feasible due to topography. existing development, or a natural area or feature or constitutes an unnecessary hardship upon the property owner. N/A The proposed exception arises from such a condition that is unique to the property and that is not ordinarily found in the same zone or district. This is the ?rst in the neiborhood. Has been passed through the HOA. 10.The proposed exception would be compatible with existing or permitted uses in surrounding areas. Yes Exception Application Page 6 of 5 Revised 2022 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 25 of 43 Page 26 of 43 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 27 of 43 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 28 of 43 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 29 of 43 View from Tall Tree Rd. (South of Berms, East of Golf Cart Path) June 15, 2023 Board of Zoning Appeals Agenda Packet  Zoomed-In View from Tall Tree Rd. (At Golf Course Path) June 15, 2023 Board of Zoning Appeals Agenda Packet Page 30 of 43  Zoomed-Out View from Tall Tree Rd. (At Golf Course Path) June 15, 2023 Board of Zoning Appeals Agenda Packet Page 31 of 43  View from Fairway Ln. (Between 2401 and 2325 Fairway Ln.) June 15, 2023 Board of Zoning Appeals Agenda Packet Page 32 of 43  View from Fairway Ln. (Between 2401 and 2325 Fairway Ln.) June 15, 2023 Board of Zoning Appeals Agenda Packet Page 33 of 43  View from Fairway Ln. (Between 2401 and 2325 Fairway Ln.) June 15, 2023 Board of Zoning Appeals Agenda Packet Page 34 of 43  View from Fairway Ln. (Between 2325 Fairway Ln. and 2319 Fairway Ct.) June 15, 2023 Board of Zoning Appeals Agenda Packet Page 35 of 43  View from Fairway Ct. (Between 2319 and 2313 Fairway Ct.) June 15, 2023 Board of Zoning Appeals Agenda Packet Page 36 of 43  Opposition Emails Everett Haynes From: Julie Schmidt <kstategal@gmail.com> Sent: Thursday, May 25, 2023 9:29 AM To: Everett Haynes Subject: Re: Notice of Public Hearing Comments-Rough Creek Rd Thank you, Everett! On Thu, May 25, 2023 at 9:27 AM Everett Haynes <EverettHaynes@derbyweb.com> wrote: Thank you Julie for your comments. I will attach your email to the Board of Zoning Appeals staff report so they can review them as part of their consideration. Everett Haynes, Assistant City Planner From: Julie Schmidt <kstategal@gmail.com> Sent: Thursday, May 25, 2023 9:02 AM To: Everett Haynes <EverettHaynes@DerbyWeb.com> Subject: Notice of Public Hearing Comments-Rough Creek Rd Good morning, I am writing in regards to the Notice of Public Hearing shown in the Derby Informer yesterday. I am a resident in the Crooked Creek at The Oaks subdivision where Mr. Cornejo resides. I have many strong objections to his design plan. I have listed them below. 1. The design not only doesn’t comply with city ordinances but also the HOA Covenants of the neighborhood. 2. Mr. Cornejo’s backyard faces the golf course. Across the fairway from him are backyards of homes in the Long View neighborhood, which is also in The Oaks. Therefore, those homes have backyards facing Mr. Cornejo’s backyard. I am willing to bet they have no idea of his plans and what they’ll be stuck looking at when they’re on their patio for many decades to come. I, also, don’t think anyone in Crooked Creek knows about this. I notified the HOA office yesterday. A sign is posted in his yard about a hearing on the matter, but because of the placement next to his home, no one can read it from the road. 1 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 37 of 43  Opposition Emails 3. Approving this wild idea would show favoritism towards him due to his position on the City Council. All other 70 and some homes in his neighborhood as well as the 25,000 and some Derby residents have to follow the city ordinances so why doesn’t he? This sets a precedent that our city ordinances and HOA Covenants apply to everyone but those who have power and influence. 4. The aesthetic he wants to do will diminish the value of the Crooked Creek neighborhood. Our Covenants state we must use wrought iron for fencing. This is, therefore, not privacy fencing where the majority of the structure would be hidden. While this may be a creative idea for those who live on a couple of acres, it is not appropriate to be built in traditional Derby backyards. 5. Cities and neighborhoods have ordinances for a reason. Could you imagine what Derby would look like if every homeowner could do whatever they want to their home as well as their yard, front or back? Thank you for your time. Julie Schmidt (This may be similar to what he is thinking of doing:) 2 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 38 of 43  Opposition Emails Everett Haynes From: Everett Haynes Sent: Tuesday, May 30, 2023 8:37 AM To: Jerry Coles Cc: Scott Knebel Subject: RE: Case No.BZA2021EX08 Thank you Jerry for your comments. I will attach your comments to the staff report so the Board of Zoning Appeals can review and consider them. Thank you, Everett Haynes, Assistant City Planner -----Original Message----- From: Jerry Coles <colesjerry@gmail.com> Sent: Friday, May 26, 2023 3:18 PM To: Everett Haynes <EverettHaynes@DerbyWeb.com> Subject: Case No.BZA2021EX08 I would like to express my concerns in regard to the subject request for variance from city code. The requested variances is totally not proper for our neighborhood where our back yards are wide open for all in the neighborhood to see and will become more unsightly as it ages. However, my biggest concern is the president it will set for even more egregious things to be built. I strongly request you to deny this variance request. Thank you for your consideration. Jerry Coles 315-207-6349 Colesjerry@gmail.com 1 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 39 of 43  Opposition Emails Everett Haynes From: Everett Haynes Sent: Tuesday, May 30, 2023 10:03 AM To: Kathy Rundell Cc: Scott Knebel; Stephanie Cox Subject: RE: Case No. BZA2021EX08 Thank you Kathy for your comments. I will attach your comments to the staff report so the Board of Zoning Appeals can review them as part of their consideration. Thank you! Everett Haynes, Assistant City Planner From: Kathy Rundell <srandkr98@gmail.com> Sent: Tuesday, May 30, 2023 9:50 AM To: Everett Haynes <EverettHaynes@DerbyWeb.com> Subject: Case No. BZA2021EX08 Greetings! As a subscriber of the Informer, it has come to my attention that a resident is seeking a waiver for a modified grain bin to be used in their backyard. As someone who also lives within the Oaks, I am sure that the bin does not meet the criteria for the HOA requirements, much less the City of Derby. I realize it is their right to appeal, but on what grounds should the HOA requirements be thrown out the window? I am pretty sure he is on the HOA Board which seems like a conflict of interest. My concern is, if this project is allowed to proceed, then how will the Board of Appeals rule on other exceptions? It seems very subjective to me. I moved into this area knowing what the rules were and I suspect this resident also knew. With HOAs you take the good with the bad. Yes, it can be a giant pain, but this is one of the reasons for HOAs. I appreciate the opportunity to voice my concern and plan to be at the meeting on June 15th. Kind regards, Kathy Rundell 1352 Lookout Cir, Derby, KS 67037 1 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 40 of 43  Passed: 06/15/2023 RESOLUTION NO. BZA2023EX03 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF THE CITY OF DERBY, KANSAS FINDING AND GRANTING AN EXCEPTION FROM SECTION 600.C.5 OF THE ZONING REGULATIONS TO PERMIT THE PLACEMENT AND MODFICIATION OF A GRAIN BIN WITH METAL SIDING AND ROOFING IN THE R-1 “SINGLE-FAMILY RESIDENTIAL DISTRICT” LOCATED ON LOT 23, BLOCK V, THE OAKS ADDITION, DERBY, SEDGWICK COUNTY, KANSAS SUBJECT TO THE CONDITIONS SET FORTH HEREIN. WHEREAS, pursuant to authority granted by K.S.A. 12-753, the City of Derby, Kansas (“City”) has adopted zoning regulations which include provisions for restricting and regulating the height, number of stories and size of buildings; the percentage of each lot that may be occupied; the size of yards, courts and other open spaces; the density of population; the location, use and appearance of buildings, structures and land for residential, commercial, industrial and other purposes; the conservation of natural resources, including agricultural land; and the use of land located in areas designated as flood plains and other areas, including the distance of any buildings and structures from a street or highway; and WHEREAS, the City has created a board of zoning appeals (“Board”) in accordance with K.S.A. 12-759; and WHEREAS, the Board has authority to grant, in accordance with the provisions of said regulations, an Exception from the sign regulations; and WHEREAS, Rocky and Juliana Cornejo (“Applicants”), have filed an application with the Zoning Administrator requesting an Exception from Section 600.C.5 of the Zoning Regulations to waive the design requirements for an accessory structure over 120 sq. ft. to permit the placement and modification of a 14 ft. diameter and 12 ft. high grain bin with metal siding and roofing pursuant to Section 1004 of the City’s zoning regulations on property legally described as: Lot 23, Block V, The Oaks Addition, Derby, Sedgwick County, Kansas WHEREAS, on June 15, 2023, and in compliance with K.S.A. 12-759 and the City’s zoning regulations; the Board held the required hearing to consider the above-described request for an Exception; and WHEREAS, in exercising the powers of the Board, the Board, in conformity with the provisions of the city’s zoning regulations established under K.S.A. 12-741 et seq., may issue Exceptions from the regulations and attach appropriate conditions. NOW THEREFORE BE IT RESOLVED by the Board of Zoning Appeals of the City of Derby, Kansas, that: June 15, 2023 Board of Zoning Appeals Agenda Packet Page 41 of 43  Section 1. Findings. Based upon review of all written and oral reports and findings transmitted to the Board which constitute the record upon which the action was taken, and having heard all persons interested in such request for exception by permit, it is hereby found that: 1. The proposed exception will not cause substantial injury to the value of other property in the neighborhood. 2. The location and size of the use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the exception will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. 3. Adequate utility, drainage, sidewalks, and other such necessary facilities have been installed or will be provided by platting, dedications, and/or guarantees. 4. Adequate access roads, entrance and exit drives and/or access control is available or will be provided by platting, dedications and/or guarantees and shall be designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. 5. The exception will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. 6. Orderly land use planning will be achieved in keeping with the goals and proposals of the Comprehensive Plan. 7. An alternative approach accomplishes the general spirit and intent of the provision in a manner that is equal to or better than strict compliance with the provision. 8. Strict compliance with the provision is not feasible due to topography, existing development, or a natural area or feature or constitutes an unnecessary hardship upon the property owner. 9. The proposed exception would be compatible with existing or permitted uses in surrounding areas. Section 2. Determination. Based upon the findings stated in Section 1 above, the Board hereby grants an Exception from Section 600.C.5. of the Zoning Regulations to allow a 14 ft. diameter and 12 ft. high grain bin with metal siding and roofing in the R-1 “Single-Family Residential District” on the above-described property subject to the following conditions: 1. The structure shall not be utilized in whole or in part for any unauthorized home occupations. 2. Any increase in size and/or future addition(s) to the structure shall require further review and approval by the Board. 3. The applicants shall apply for a building permit within 180 days of the Board's approval date. 4. The Exception shall comply with all other applicable zoning and building code requirements of the City. Section 3. Enforcement and Compliance. The Exception shall be continuously maintained in accordance with the provisions of Section 2 herein. In addition to the enforcement 2 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 42 of 43  provisions established by the Zoning Regulations and the Code of the City of Derby, the Zoning Administrator may declare the Exception null and void upon issuance of a written determination that the subject site is not continuously maintained in accordance with the provisions of Section 2 herein. Such a determination may be appealed to the Board within 30 days of issuance. Section 4. Severability. If any provision of this resolution is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this resolution, so as to be completely severable and the remaining provisions of this resolution shall remain in full force and effect. Section 5. This resolution shall be effective from and after its adoption. PASSED by the Board of Zoning Appeals of the City of Derby this 15th day of June, 2023, and SIGNED by the Chairperson. Mitch Adams, Chairperson Attested: Scott Knebel, Secretary 3 June 15, 2023 Board of Zoning Appeals Agenda Packet Page 43 of 43