Emporia Planning Commission / Board of Zoning Appeals

EMPORIA PLANNING COMMISSION / BOARD OF ZONING APPEALS TUESDAY, JULY 14, 2026 AT 6:00 PM CITY COMMISSION / MUNICIPAL COURT ROOM 518 MECHANIC, EMPORIA, KS ORDER OF BUSINESS CALL MEETING TO ORDER Kenton Thomas, Chair MEMBERS PRESENT Kenton Thomas Stan Fowler Lilian Lingenfelter Joe Reed Aaron Larson Denise Gilligan Kevin Johnson NEW BUSINESS 1. Board of Zoning Appeals: Consider the Minutes of the June 9, 2026 Board of Zoning Appeals Meeting. Presented by: Justin Givens, Planning & Zoning Administrator Recommended Action: Approve Minutes 2. Board of Zoning Appeals: Consider BZA 2026-04, a Request for a Variance from the Front and Side Yard Building Line at 2803 Eaglecrest Drive. Tabled From June 9, 2026 Meeting Presented by: Justin Givens, Planning & Zoning Administrator Recommended Action: Grant/Deny Variance Request 3. Planning Commission: Consider the Minutes of the June 9, 2026 Planning Commission Meeting Presented by: Justin Givens, Planning & Zoning Administrator Recommended Action: Approve Minutes 4. Planning Commission: Consider PC 2026-10, a Request for a Conditional Use Permit Allowing a Single-Family Attached Home for Property Located at 1228 W 5th Ave. Presented by: Justin Givens, Planning & Zoning Administrator Recommended Action: Conduct Public Hearing | Make Recommendation to Governing Body ADJOURNMENT Page 1 of 17  CITY OF EMPORIA PLANNING COMMISSION / BOARD OF ZONING APPEALS MINUTES OF JUNE 09, 2026 REGULAR MEETING The Board of Zoning Appeals met in a regular session on Tuesday, June 9, 2026, with Chair Thomas presiding. Commissioners Fowler, Reed, Larson, Gilligan, Lingenfelter, and Johnson were present. City staff: Justin Givens, Director of Building & Neighborhood Development, was present. Chair Thomas called the meeting to order. 1. Consider the Minutes of the April 14, 2026, Board of Zoning Appeals Meeting. Givens presented the commission with the minutes from the April 14, 2026 meeting. Commissioner Gilligan made a motion to approve the minutes as presented. Commissioner Reed seconded the motion. The motion carried 6-0-1 (Lingenfelter). 2. Consider BZA VAR 2026-04 – A Request for a Variance from the Front and Side Yard Building Line at 2803 Eaglecrest Drive. Chair Thomas stated that this item was tabled at the April 14, 2026 meeting, in which the public hearing was conducted. Givens provided the Staff Report. UPDATED STAFF REPORT Application #: BZA 2026-03 Applicants: Tallgrass Holdings II, LLC Requested Action: Approval of a Variance from the Required Front and Side Build to Lines. Purpose: Applicant desires to construct a new drive-thru coffee store. Address: 2807 Eaglecrest Drive Legal description: The North 200 feet, as determined from the Northeast Comer thereof, of Lot 1 in Block 3 of Eaglecrest Fourth Subdivision, a Replat of Eaglecrest Third Subdivision to the City of Emporia, Lyon County, Kansas, according to the recorded plat thereof. Lot Size: 39,204 sq. ft. total lot size – 17,000 sq. ft. +/- for 7Brew Coffee. Page 2 of 17 Existing Zoning: Flex-Use Low (FL) Future Zoning in ELC Comp. Plan: Flex-Use Low (FL) Surrounding Zoning: North: Flex-Use Low (FL) East: Flex-Use Low (FL) South: Flex-Use Low (FL) West: Flex-Use Low (FL) Surrounding Actual Uses: North: McDonalds East: Industrial Rd. Short Stop / Dunkin Doughnuts South: Taco Bell / Applebee’s West: IHOP Applicable Regulations: Section 3 Building Standards – Front Build to Line – 20 ft. minimum setback. Analysis: 7Brew, a national coffee drive-thru chain, has proposed a new facility to be located on the existing Taco Bell site at 2803 Eaglecrest Drive. The location is the approximate location of an existing freestanding ATM, that would be removed if the variance is granted and the new facility is built. Due to an existing water line easement on the property, to locate the facility on the site, the designers are required to infringe on the maximum build to line by 5 feet. This includes the building and trash enclosure. Update: Staff anticipates the applicant’s engineers being present at the meeting to address the concerns the Board had on the circulation within the site and concerns about potential impact on traffic along Eaglecrest. Information will be provided at the meeting. Recommendation: Staff recommends approval of the variance based on the following; 1) The variance requested arises from a condition which is unique to the property in question, and which is not ordinarily found in the same zone or district; and is not created by action of the property owner or applicant. Typically, water lines are located on the edges of properties to avoid limiting the amount of buildable space on a property. For this lot, the water line bisects the property, limiting the location of additional buildings, or where the original building could be built. 2) The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents. No adjacent property owners’ rights will be adversely affected by granting this variance. The existing Taco Bell will continue to have parking and access within the lot. 3) The strict application of the provisions of the zoning regulations of which the variance is requested will constitute unnecessary hardship upon the property owner represented in the application. A strict application of the build to line, would limit the ability to place a new business within an area that is mostly developed. 4) The variance desired will not adversely affect the public health, safety, morals, order, Page 3 of 17  convenience, prosperity or general welfare. The building will not infringe on the site triangle, will provide screening in terms of landscaping, and create additional commercial opportunities within the area. 5) The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations. The zoning regulations’ goal was to move projects closer to a property line and encourage the maximum use of each parcel. By allowing the variance, the board would help to achieve this goal. The facility will still have ample capacity for the drive-thru nature of the business. Staff does not anticipate cross traffic issues with each business nor parking issues as this building is drive thru oriented. Neighborhood Communications: Staff has received no inquiries about this project. Recommendation: Staff recommends approval of the variances. Attachments: Aerial Map | Current Zoning Map | Site Plan Austin Fritts and Andrew Wilson of Cedar Creek Engineering and James Cheatham of 7 Brew Group appeared to discuss the proposed development. They stated that they had done internal site evaluations based on actual and anticipated traffic numbers for both Taco Bell and 7 Brew, and felt that the internal circulation and parking plan would allow for both businesses to be fully operational with minimal conflicts due to the different peak visit times for each. Following a brief discussion, Gilligan moved to table the request until the applicant can provide additional information on the traffic impact of the project, especially at the 18th and Eaglecrest intersection. Larson seconded the motion. The request was tabled until a future meeting. (7-0) Adjournment: With no further discussion, the meeting was adjourned. Respectfully Submitted, ______________________ Justin Givens, Secretary Page 4 of 17  CITY OF EMPORIA PLANNING COMMISSION / BOARD OF ZONING APPEALS TUESDAY, JULY 14, 2026, 6:00 PM CITY MUNICIPAL COURT ROOM UPDATED STAFF REPORT Application #: BZA 2026-03 Applicants: Tallgrass Holdings II, LLC Requested Action: Approval of a Variance from the Required Front and Side Build to Lines. Purpose: Applicant desires to construct a new drive-thru coffee store. Address: 2807 Eaglecrest Drive Legal description: The North 200 feet, as determined from the Northeast Comer thereof, of Lot 1 in Block 3 of Eaglecrest Fourth Subdivision, a Replat of Eaglecrest Third Subdivision to the City of Emporia, Lyon County, Kansas, according to the recorded plat thereof. Lot Size: 39,204 sq. ft. total lot size – 17,000 sq. ft. +/- for 7Brew Coffee. Existing Zoning: Flex-Use Low (FL) Future Zoning in ELC Comp. Plan: Flex-Use Low (FL) Surrounding Zoning: North: Flex-Use Low (FL) East: Flex-Use Low (FL) South: Flex-Use Low (FL) West: Flex-Use Low (FL) Surrounding Actual Uses: North: McDonalds East: Industrial Rd. Short Stop / Dunkin Doughnuts South: Taco Bell / Applebee’s West: IHOP Applicable Regulations: Section 3 Building Standards – Front Build to Line – 20 ft. minimum setback. Analysis: 7Brew, a national coffee drive-thru chain, has proposed a new facility to be located on the existing Taco Bell site at 2803 Eaglecrest Drive. The location is the approximate location of an existing freestanding ATM, that would be removed if the variance is granted and the new facility is built. Page 5 of 17 Due to an existing water line easement on the property, to locate the facility on the site, the designers are required to infringe on the maximum build to line by 5 feet. This includes the building and trash enclosure. Update: Staff anticipates the applicant providing an expanded traffic study that demonstrating current level of service at the intersection of 18th and Eaglecrest and the impact that the new project would have on that level of service. Staff has been in consultation with the City Engineer, who will be able to provide a recommendation based upon any negative impacts on the level of service for the intersection. Level of Service (LOS) is used to assess the quality of motor vehicle traffic service on roadways and intersections, reflecting factors such as vehicle speed, density, congestion, travel time, delay, maneuverability, and user comfort. Recommendation: Staff recommends approval of the variance based on the following; 1) The variance requested arises from a condition which is unique to the property in question, and which is not ordinarily found in the same zone or district; and is not created by action of the property owner or applicant. Typically, water lines are located on the edges of properties to avoid limiting the amount of buildable space on a property. For this lot, the water line bisects the property, limiting the location of additional buildings, or where the original building could be built. 2) The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents. No adjacent property owners’ rights will be adversely affected by granting this variance. The existing Taco Bell will continue to have parking and access within the lot. 3) The strict application of the provisions of the zoning regulations of which the variance is requested will constitute unnecessary hardship upon the property owner represented in the application. A strict application of the build to line, would limit the ability to place a new business within an area that is mostly developed. 4) The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare. The building will not infringe on the site triangle, will provide screening in terms of landscaping, and create additional commercial opportunities within the area. 5) The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations. The zoning regulations’ goal was to move projects closer to a property line and encourage the maximum use of each parcel. By allowing the variance, the board would help to achieve this goal. The facility will still have ample capacity for the drive-thru nature of the business. Staff does not anticipate cross traffic issues with each business nor parking issues as this building is drive thru oriented. Neighborhood Communications: Staff has received no inquiries about this project. Recommendation: Staff recommends approval of the variances. Attachments: Aerial Map | Current Zoning Map | Site Plan Page 6 of 17  LEGEND SITE NOTES E ISTING 1 CONTOUR E ISTING CONTOUR A CONTRACTOR SHALL RE ER TO THE CONSTRUCTION DOCUMENTS INCLUDING BUT NOT LIMITED TO THE WRITTEN CEDAR CREEK PROPOSED 1 CONTOUR SPECI ICATIONS CONSTRUCTION DRAWINGS STORM WATER PROPOSED CONTOUR POLLUTION PLAN AND GEOTECHNICAL REPORT BOUNDAR LINE RIGHT O WA LINE B ALL CONSTRUCTION SHALL BE IN STRICT ACCORDANCE WITH ENGINEERING ⦁ PLANNING ⦁ CONSULTING EASEMENT LINE THE OWNERS DESIGN GUIDELINES AND SPECI ICATIONS AND P.O. Box 14534 Oklahoma City, OK 73113 WHERE APPLICABLE SHALL MEET THE RE UIREMENTS O THE 405-778-3385 E ISTING CURB AND GUTTER GOVERNING PERMITTING AUTHORIT HAVING JURISDICTION www.cedarcreekinc.com WEST 18TH AVENUE PROPOSED CURB AND GUTTER KS CA E2002 EXP. 12/31/26 VARIABLE WIDTH PUBLIC RIGHT-OF-WAY PROPOSED IRE LANE STRIPING C CONTRACTOR IS RESPONSIBLE OR THEIR OWN HORI ONTAL (BOOK 6, PAGE 38) OVERHEAD ELECTRIC LINE AND VERTICAL CONTROL RE ERENCE POINTS AND VARIABLE WIDTH ASPHALT PAVEMENT D UNDERGROUND ELECTRIC LINE CONSTRUCTION STA ING AS INCIDENTAL TO THE PROJECT GAS LINE D THE CONTRACTOR SHALL IELD VERI E ISTING UNDERGROUND TELEPHONE LINE ELEVATIONS PROPERT LINES UTILITIES DRAINAGE PRIOR TO BUILDING SETBACK UNDERGROUND IBER OPTIC LINE CONSTRUCTION START (APPROXIMATE LOCATION) L2 SANITAR SEWER LINE LOCATION MAP: (BOOK 6, PAGE 38) WATERLINE E ALL WOR NOT CLASSI IED AS A CONTRACT PA ITEM SHALL BE RETAINING WALL CONSIDERED AS INCIDENTAL AND THE COST THEREO SHALL BE INDUSTRIAL RD INCLUDED IN THE UNIT PRICE BID OR ITEMS WHICH ARE RADIUS: 55.00'(M/R) SCREEN WALL CLASSI IED OR PA MENT PROJECT ARC: 86.39'(M/R) WIRE ENCE LOCATION BEARING: N 43°36'18" E(M) CHAIN LIN ENCE CONTRACTOR SHALL RE ER TO THE ARCHITECTURAL AND MEP TH AV E 18 CHORD: 77.78'(M) BENCHMAR PLANS AND SPECI ICATIONS BEING A PART O THE W I-3 5 D DELTA: 89°59'46"(M) CONSTRUCTION DOCUMENTS OR THE E ACT LOCATIONS AND EAGLECREST DR DIMENSIONS O ENTR E IT PORCHES PRECISE BUILDING 90°00'00"(R) PROP IRE H DRANT PROP WHEEL STOP DIMENSIONS E ACT BUILDING UTILIT ENTRANCE AND FO DOWNSPOUT LOCATIONS SPECI ICATIONS DETAILS PROP WATER VALVE PROP ES PROP WATER METER PROP HC RAMP G ALL DIMENSIONS SHOWN ARE TO THE ACE O CURB C PARKING UNLESS OTHERWISE NOTED AREA ABUTS PROP ELECT METER PROP POWER POLE L1 PROPERTY LINE H PAR ING LOT STRIPING SHALL BE WIDE AND WHITE IN COLOR PROP LIGHT POLE PROP SS MANHOLE R2 HANDICAP PAR ING STALLS STRIPING AND SIGNAGE SHALL BE IN NOT TO SCALE D D PROP GAS METER N TSP PROP BOLLARD STRICT ACCORDANCE WITH EDERAL STATE AND LOCAL SMH-1 2 FOUND 1/2" REBAR W/ CAP RE UIREMENTS STOP R PROP TRANS ORMER PROP SIGN L3 T "GEOTECH INC. KS LS 35" NORTHING: 1959963.66 PROP PAR ING COUNT PROP IRE ROUTE SIGN I UNLESS OTHERWISE NOTED ALL RADII SHALL BE PROJECT: EAGLECREST DRIVE EASTING: 1965986.76 80' PUBLIC RIGHT-OF-WAY ELEVATION: 1203.26' STOP PROP INLETS SEE GRADING PLAN OR T PE J BUILDING DIMENSIONS ARE TO OUTSIDE O MASONR OTHERWISE SHOWN UNLESS R1 D D CONTRACTOR SHALL RE ER TO THE ARCHITECTURAL PLANS (BOOK 6, PAGE 38) 7BREW VS VERTICAL SEPARATION RE UIREMENT AND SPECI ICATIONS OR ACTUAL LOCATION AND DETAILS O R1 ALL UTILIT ENTRANCES CONTRACTOR SHALL COORDINATE NOTE: RE ER TO SURVE ING LEGEND OR E ISTING INSTALLATION O UTILITIES IN SUCH A MANNER AS TO AVOID DO NOT ENTER STRUCTURES IDENTI ICATION CON LICTS AND ASSURE PROPER DEPTHS ARE ACHIEVED AS 40' ASPHALT PAVEMENT WELL AS COORDINATED WITH AN UTILIT COMPANIES OR APPROVED LOCATIONS AND SCHEDULING O MB TIE INS CONNECTIONS TO THEIR ACILITIES EMPORIA, KANSAS 1 L RE ER TO ARCHITECTURE PLANS OR SITE LIGHTING AND PROJECT NUMBER: 2 1 15.0' WATER LINE EASEMENT ELECTRICAL CONDUIT PLANS POLE LOCATIONS ARE SHOWN ON LANE 1 LANE 2 (APPROXIMATE LOCATION) NOTE: CONTRACTOR IS RESPONSIBLE OR (BOOK 6, PAGE 38) THAT ALL PROPOSED WOR MEETS ADA THIS SHEET OR RE ERENCE ONL RESPONSIBILIT TO IDENTI IT IS THE CONTRACTOR S AND ADJUST AN CONSTRUCTED DRAWING DATE: ISSUE DATE: 21 2 21 2 ENSURING RE UIREMENTS RE ER TO CON LICTS WITH UNDERGROUND UTILITIES SIDEWAL S ETC ACCESS M CHEC ARCHITECTURAL PLANS OR E ACT DOWNSPOUT LOCATIONS S 01°28'21" E 199.84'(M) SEAL: VARIABLE WIDTH PUBLIC RIGHT-OF-WAY PLACED IN APPROXIMATE LOCATION NOTE: CONTRACTOR SHALL CONSTRUCT AND N 01°23'35" W 2 INSTALL WHEEL STOPS SIGNS AND ADA RAMPS AT (APPROXIMATE LOCATION) N CONTRACTOR SHALL RE ER TO LANDSCAPE AND IRRIGATION PER PROVIDED GIS MAPS ALL HANDICAP SPACES PLAN OR LOCATION AND CONSTRUCTION DETAILS O LANDSCAPING AND IRRIGATION 165.00'(M) INDUSTRIAL ROAD For Review N 01°39'50" W 215.29'(R) 02/23/2026 8:31:49 AM 1 75' ASPHALT PAVEMENT SUBMITTAL: REVIEW BUILDING SETBACK (APPROXIMATE LOCATION) (BOOK 6, PAGE 38) REVISIONS: TF TF MENU S 88°31'05" W 190.22'(M) TF TF TH E SE P L AN S A ND D R AW I NG S A RE N O T T O B E REPRODUCED CHANGED OR COPIED IN AN ORM R/W OR MANNER WHATSOEVER WITHOUT IRST OBTAINING THE WRITTEN PERMISSION AND CONSENT O CEDAR CREE CONSULTING INC THIS SHEET IS NOT TO BE USED OR CONSTRUCTION UNLESS THE ISSUE DATE IN THE TITLE BLOC COINCIDES WITH OR POST DATES THE DRAWING DATE AN CHANGES TBM-1 MADE ROM THESE PLANS WITHOUT CONSENT O N 01°23'33" W FOUND 1/2" REBAR W/ CAP CEDAR CREE CONSULTING INC ARE R/W UNAUTHORI ED AND SHALL RELIEVE CEDAR CREE "S. BROSEMER LS - 752" N/F STORE MASTER FUNDING II LLC CONSULTING O RESPONSIBILIT OR ALL N/F TALLGRASS HOLDINGS LLC CONSE UENCES ARRIVING OUT O SUCH CHANGES NORTHING: 1959772.90 (MAILING): ATTN: R M H FRANCHISE GROUP 50.29'(M) 2807 EAGLECREST DR EASTING: 1966068.59 2021 PINELAKE RD, STE #100 EMPORIA, KS 66801 DRAWING TITLE: ELEVATION: 1202.12' LINCOLN, NE 68512 39,797 SQ. FEET± 0.914 ACRES± APN: 0561930503003001010 SITE PLAN INVERT INFORMATION ONECALL ANSAS N SHEET: S: 1 WICHITA: 1 2 2 C2 Page 7 of 17  2803 Eaglecrest Aerial Location Map Page 8 of 17 2803 Eaglecrest Zoning Map Page 9 of 17  CITY OF EMPORIA PLANNING COMMISSION MINUTES OF JUNE 9, 2026 REGULAR MEETING The Planning Commission met in a regular session on Tuesday, June 9, 2026, with Chair Kenton Thomas presiding. Commissioners Fowler, Reed, Gilligan, Larson, Lingenfelter, and Johnson were present. City staff: Justin Givens, Director, Building & Neighborhood Development, was present. Thomas called the meeting to order. 1. Consider The Minutes of the April 14, 2026, Planning Commission Meeting. Givens presented the commission with the minutes from the April 14, 2026, meeting. Commissioner Larson made a motion to approve the minutes as presented. Commissioner Johnson seconded the motion. The motion carried 6-0-1 (Lingenfelter). 2. Planning Commission: Consider PC 2026-09, a Request from the Emporia City Commission to the Planning Commission to Review Medical Terminology and Use Regulations. Givens provided the Staff Report. STAFF REPORT Application#: PC 2026-09 Applicants: City of Emporia Requested Action: Request from City Commission to Planning Commission to Review Medical Terminology and Use Regulations Purpose: To Review and Make a Recommendation to the City Commission on Possible Medical Terminology and Use Regulations to the Zoning Code Background: In 2024, Newman Regional Hospital applied for a text amendment that would have significantly altered the zoning regulations in both definitions and use regulations for medical facilities. Following a highly attended public hearing, the Planning Commission chose to take no action or make no recommendation to the Governing Body on the proposed changes. The lack of action is the equivalent of a negative recommendation to the Governing Body. The Governing Body never placed the item on an agenda for consideration, and the request became null and void. Page 10 of 17 At their May 20, 2026 meeting, the City Commission made a formal request of the Planning Commission to review Medical Facility Zoning Regulations. Process: Staff has provided an initial proposed process timeline and action steps that, if the Planning Commission adopts would be used for benchmarking, tracking and managing the review process. Recommendation: Staff recommends that the Planning Commission review and adopt the Medical Review Framework. Attachments: Request From City Commission | Proposed Framework | Following a brief discussion, the Planning Commission recommended adding possible additional meeting dates to review findings from public discussions and meetings. Adjournment: With no further discussion, the meeting was adjourned. Respectfully Submitted, ______________________ Justin Givens, Secretary Page 11 of 17  CITY OF EMPORIA PLANNING COMMISSION / BOARD OF ZONING APPEALS TUESDAY, JULY 14, 2026, 6:00 PM CITY MUNICIPAL COURT ROOM STAFF REPORT Application #: PC 2026-10 Applicants: Sunnyvale Properties Requested Action: Approval of a Conditional Use Permit for a Single-Family Attached Dwelling Unit on a Single-Family Detached Parcel. Purpose: The applicant is requesting the Conditional Use Permit to build a duplex on an existing infill lot. Address: 1228 W 5th Ave. Legal description: Lot 12 Nora K Steven’s Addition to the City of Emporia, Lyon County, Kansas Lot Size: 45’ x 167’ (7,592 sq. ft.) Existing Zoning: Single-Family Detached Future Zoning in ELC Comp. Plan: Single-Family Detached Surrounding Zoning: North: Flex Use High East: Single-Family Detached South: Single-Family Detached West: Single-Family Detached Surrounding Actual Uses: North: Offices / Single-Family Detached Homes East: Single-Family Detached Homes South: Single-Family Detached Homes West: Single-Family Detached Homes Analysis: If approved, the applicant intends to remove the existing structure and then build a 2,220 sq. ft. duplex that would face Elm Street. Reorienting the façade will allow for more of the lot to be used. The lot is narrower than a traditional lot which makes building facing W 5th difficult. The current structure was built in 1900 and is currently appraised at $34,000. Similar new duplexes Page 12 of 17 have appraised at approximately $278,000. Additional analysis has been provided in the factors for consideration. Considerations: 26-109. Factors to be Considered for a Conditional Use Permit: Because of particular conditions associated with their activities, certain uses which might have an adverse effect upon nearby properties or upon the character and future development of a district are not permitted outright in districts, but are permitted as conditional uses when their proposed location is supplemented by additional requirements so as to make the use requested compatible with the surrounding property, the neighborhood and the zoning jurisdiction. In approving a conditional use, the minimum requirements set out in these regulations for the underlying district must be met unless otherwise reduced by specific reference in the approval of the Governing Body. The requirements may be made more stringent if there are potentially injurious effects which may be anticipated upon other property or the neighborhood or which may be contrary to public health, safety or welfare. The Planning Commission may recommend approval of a Conditional Use that is expressly authorized to be permitted in a particular zoning district, and the Governing Body may approve such Conditional Use, using the following factors as guidelines: Staff Commentary in Bold 1. Whether approval of the conditional use would be consistent with the intent and purpose of these regulations; Single-Family Attached Dwellings are allowed on a Single-Family Detached parcel with the approval of a Conditional Use Permit. This CUP process allows the Planning Commission and City Commission to determine whether the proposed structure would fit within the existing neighborhood. 2. Whether the location of the proposed use is compatible to other land uses in the surrounding neighborhood; There is a mix of owner occupied and rental properties in the immediate area and this property abuts flex use zoning to the north. A new duplex would be compatible for the area. 3. Whether the proposed use places an undue burden on the existing transportation and service facilities in the area affected and, if so, whether such additional transportation and service facilities can be provided; All infrastructure is in place to serve this property and there would not be an undue burden placed on services in the area. 4. Whether the proposed use is made necessary or desirable because of changed or changing conditions in the area affected; With the rising cost of housing, increasing new duplex rental stock in the city, staff would content would be a good thing. 5. The length of time the subject property has remained vacant or undeveloped as zoned; (the use of land for agricultural purposes shall be considered as viable use of the land and not be considered as allowing the land to be vacant or undeveloped); This property currently has an existing structure on the property, however, that property is older and smaller. Adding the new structure would increase the value of the property and contribute to improving the housing stock of the community. 6. Whether the applicant’s property is suitable for the proposed conditional use; Staff would contend that an attached home would be a highly suitable use for the property, especially considering the narrowness of the lot. Siting the house to the west allows for a maximum amount of the lot to be used. 7. The recommendations of professional staff; Staff is supportive of the Conditional Use Permit. Page 13 of 17 8. Whether the proposed conditional use would be in conformance to and further enhance the implementation of the City's Comprehensive Plan; Plan ELC encourages infill development and adaptive reuses of properties, in this case, an adaptive reuse of the lot, by removing an aging structure and building new where all infrastructure is existing. 9. Whether the relative gain to the public health, safety, and general welfare outweighs the hardship imposed on the applicant by not upgrading the value of the property by approving the proposed conditional use; The project if approved, would remove an aging structure, improve the housing stock in the community and especially the surrounding area. Staff contends that allowing the project would not be a negative to the public health, safety, or general welfare. 10. Whether the proposed conditional use, if it complies with all the conditions upon which the approval is made contingent, will not adversely affect the property in the area affected; This project would not adversely affect the surrounding properties. The structure would be built with existing setbacks and not infringe on any neighboring properties. 11. For uses as solid waste disposal facilities, including sanitary landfills, construction and demolition landfills and transfer stations, whether the proposed conditional use is consistent with the adopted Solid Waste Management Plan of Lyon County, and amendments thereto; N/A 12. Such other factors as may be relevant from the facts and evidence presented in the application. Neighborhood Communications: Staff has spoken with two adjacent property owners who have had no objections to the request. Recommendation: If the Planning Commission finds that the project is advisible, it may forward a recommendation to approve the Conditional Use Permit to the Governing Body based on the findings that the project is consistent with the intent and purpose of the zoning regulations, will not have an adverse impact on the surrounding area and the use is consistent with neighboring uses subject to the following conditons; 1) The project meets all applicable zoning, building, fire, and other applicable code regulations. 2) Any additional conditions the Planning Commission or City Commission deem necessary to protect the public health, safety, and general welfare. Attachments: Aerial Map / Current Zoning Map / Site Plan Page 14 of 17 Page 15 of 17  1228 W 5th Ave Aerial Location Map Page 16 of 17 1228 W 5th Zoning Map Page 17 of 17