Board of Zoning Appeals

HAYS AREA BOARD OF ZONING APPEALS MEETING AGENDA CITY COMMISSION CHAMBERS 1507 MAIN, HAYS, KS FEBRUARY 11, 2015 8:15 A.M. 1. CALL TO ORDER BY CHAIRMAN. 2. CONSENT AGENDA. A. Minutes of the regular meeting of January 14, 2015 Action: Consider approving the minutes of the January 14, 2015 meeting. 3. PUBLIC HEARING ITEMS A. Public hearing to consider a request from Justin Gottwald and L. Van & Janice K Witthuhn for a 35’ setback variance to reduce the setback along Hwy 183 and Reservation Rd. from 35’ to 0’ to allow an off-premise sign to be constructed on an existing sign base. (Case # 01-15) Action: Consider approving a variance request for a sign for the property at 1000 Reservation Road and Hwy 183. 4. NON-PUBLIC HEARING ITEMS. – None 5. OFF AGENDA ITEMS/COMMUNICATIONS. A. Update on the Zoning Regulations Rewrite 6. ADJOURNMENT. Any person with a disability and needing special accommodations to attend this meeting should contact the Planning, Inspection and Enforcement office (785-628-7310) 48 hours prior to the scheduled meeting.  DRAFT HAYS AREA BOARD OF ZONING APPEALS COMMISSION CHAMBERS IN CITY HALL MINUTES JANUARY 14, 2015 8:15 A.M. 1. CALL TO ORDER: The Hays Area Board of Zoning Appeals met on Wednesday, January 14, 2015 at 8:15 a.m. in Commission Chambers at City Hall. Chairman Lou Caplan declared a quorum was present and called the meeting to order. Roll Call: Present: Lou Caplan Jerry Sonntag Thomas Lippert Absent Gerald Befort Shane Pruitt City Staff Present: Jesse Rohr, Superintendent of Planning, Inspection and Enforcement. 2. CONSENT AGENDA: A. MINUTES: Jerry Sonntag moved, Tom Lippert seconded the motion to approve the minutes from the December 10, 2014 meeting with the following corrections: Lou Caplan pointed out two corrections to the December 10, 2015 meeting under case #16-14: Page 12 – change the sentence from “Lou Caplan asked if there is anyone in the audience” to: “Lou Caplan asked if there were any comments from the audience”. Page 12 to 13 – Clarify about the comments and conditions associated with the motion Vote: Ayes: Lou Caplan Jerry Sonntag Thomas Lippert 3. PUBLIC HEARING ITEMS: None. 4. NON-PUBLIC HEARING ITEMS: A. CASE # 01-15 – CONSIDER SETTING A PUBLIC HEARING TO CONSIDER A REQUEST FROM JUSTIN GOTTWALD AND L VAN & JANICE K WITTHUHN FOR A 35’ SETBACK VARINCE TO REDUCE THE SETBACK ALONG HWY 183 AND RESERVATION ROAD FROM 35’ TO 0’ TO ALLOW A SIGN TO BE CONSTRUCTED ON AN EXISTING SIGN BASE. Jesse Rohr presented the information and location of the proposed sign on the above property on the overhead visual. The general location is at the intersection of Hwy 183 and Reservation Road. 1 The applicant has requested a variance to reduce the front yard building setback from the required 35 feet to 0 feet to place his business sign (Cutting Edge Collision) on an off- premise existing sign base at 1000 Reservation Road. The sign base will contain the business sign for the on-premise business (Countryside Homes) and the proposed off-premise adverting sign (Cutting Edge Collision) if the variance is approved. He showed them a picture of the sign. This case is unique because of the sign regulations. An on-premise advertising sign is allowed with no variance, although an off-premise advertising sign is to meet the building setback; thus the reason for this variance request. If approved, the applicant will also have to apply for a permit from the Kansas Department of Transportation because it is along a state highway. With the sign permit process, there will be confirmation that they have acquired the KDOT permit. Jerry Sonntag asked if the wording will stay the same for the off-premise sign requirement in the sign regulations with the zoning and subdivision regulations rewrite. Jesse Rohr answered that the sign regulations are included in the rewrite, although staff has not seen that module yet. Lou Caplan asked if there were any comments from the audience. There were none. Lou Caplan entertained a motion. Tom Lippert moved, Jerry Sonntag seconded the motion to set the public hearing for February 11, 2015 to consider a request by Justin Gottwald and L. Van & Janice K. Witthuhn for a 35’ setback variance to reduce the setback along Hwy 183 and Reservation Rd from 35’ to 0’ to allow an off-premise advertising sign to be constructed on an existing sign base. (Case #01-15) Vote: Ayes: Lou Caplan Jerry Sonntag Thomas Lippert 5. OFF-AGENDA ITEMS/COMMUNICATIONS: A. Update on the Zoning Regulations Rewrite: Jesse Rohr explained that there will be a revised schedule being posted soon. Module 2 is under staff review. Staff received a zoning map to review also. 2 Bret Keast, President of Kendig Keast, Consultant, will be taking the lead on the project since the former project leader is leaving the company to move from Houston to join another firm. B. Distribute I-Pads to BZA Members: Jesse Rohr distributed the I-pads to the members of the Board. 6. ADJOURNMENT: Lou Caplan adjourned the meeting. Submitted by: Linda K. Bixenman, Administrative Assistant, Planning, Inspection and Enforcement 3  City of Hays Planning Inspection Enforcement Board of Zoning Appeals Action Report AGENDA ITEM: Setback Variance Application #01-15 ADDRESS: 1000 Reservation Rd OWNER: Van Witthuhn TYPE OF REVIEW: Variance PRESENTED BY: Jesse Rohr, P.I.E. Superintendent DATE PREPARED: February 2, 2015 AGENDA DATE: February 11, 2015 SUMMARY AND RECOMMENDED ACTION: The applicant is requesting a variance to reduce the front yard setback from 35 feet to 0 feet, a variance of 35 feet to allow the placement of a business sign on the property located at 1000 Reservation Rd. (see attached site drawing) Staff recommends approval of the variance due to the request meeting the requirements of State Statute and City Ordinance as they pertain to variances and the statutory requirements, particularly uniqueness, hardship, and the spirit and intent of the adopted regulations. (as further detailed below) BACKGROUND:  The applicant is requesting a variance to reduce the required front yard setback from 35 feet to 0 feet, a variance of 35 feet to allow erection of a sign on the property located at 1000 Reservation Rd.  There is an existing sign base in this location from a previous sign – owner wished to utilize the existing base  An on-premise sign could be located in this location with no variance, however the off-premise advertising proposed does require the variance Setback Required Applicant Proposed Front Yard Min. 35 ft (for off-premise 0 signage) Min. 0 ft (for on-premise 0 signage)  Side Yard 0 N/A Rear Yard 0 N/A STANDARDS OF EVALUATION: Per State Statute 12-759 and City Ordinance Sec. 71-1250  The BZA has the authority to grant a variance if a literal enforcement of the provisions of the adopted regulations, will, in an individual case, result in unnecessary hardship, provided: o The spirit of the regulations shall be observed o Public safety and welfare secured o Substantial justice shall be done  The applicant must show that the property was acquired in good faith and that the variance is needed due to extraordinary or exceptional circumstances of the property such as exceptional narrowness, shallowness, or shape of the lot  Before granting a variance on the basis of unusual difficulty or unreasonable hardship, there must be finding by the Board that all of the following conditions exist: a. Uniqueness of the property not ordinarily found in the same zone or district and not created by willful action of the owner Staff Analysis: While there appears to be nothing unique about the property, the situation itself is unique in that there is an existing sign base at the proposed sign location. An on-premise sign could be located at the location, but regulation requires additional setbacks for off-premise signage. Cutting Edge Collision, a business located at 1013 Reservation Rd. to the east of this location plans on adverting their business on the proposed sign, therefore requiring setbacks per off-premise sign regulations, hence the need for the variance. b. The granting of the variance will not adversely affect the rights of adjacent property owners Staff Analysis: This proposed addition would not appear to have any adverse affects on the rights of nearby property owners. There was a sign in this location in the past, and the only thing changing is the businesses that will be advertising on the sign (see sign diagram). c. The strict application of the code will constitute unnecessary hardship upon the property owner  Page 2  Staff Analysis: Due to the location of Cutting Edge Collision being “off the beaten path”, and the need for directional signage to their location, a hardship could be constituted if the sign could not be erected in the proposed location which gives a clear indication of the location of Cutting Edge Collision. d. The variance will not adversely affect the public health, safety, morals, order, convenience, propriety, or general welfare Staff Analysis: This proposed addition would not appear to adversely affect the public health, safety, morals, order, convenience, propriety, or general welfare. e. The granting of the variance desired will not be opposed to the general spirit and intent of the regulations Staff Analysis: The proposed sign location and variance request would not seem to go against the spirit and intent of the regulations. OPTIONS:  Approve the variance as requested  Approve the variance with amendments  Do not approve the variance RECOMMENDED ACTION: Staff recommends approval of the variance due to the request meeting the requirements of State Statute and City Ordinance as they pertain to variances and the statutory requirements, particularly uniqueness, hardship, and the spirit and intent of the adopted regulations. ATTACHMENTS:  Variance application  Variance justification and site map from owner  Picture(s)  Map(s)  Page 3 1000 Reservation Rd Sign Location 1000 Reservation Rd Sign Location 1000 Reservation Rd Sign Location Cutting Edge Collision Sign Location (existing base) Previous Sign - Same Location