Board of Zoning Appeals

HAYS AREA BOARD OF ZONING APPEALS MEETING AGENDA CITY COMMISSION CHAMBERS 1507 MAIN, HAYS, KS July 13, 2016 8:15 A.M. 1. CALL TO ORDER BY CHAIRMAN. 2. CONSENT AGENDA. A. Minutes of the regular meeting of June 8th, 2016. Action: Consider approving the minutes of the June 8, 2016 meeting. 3. PUBLIC HEARING ITEMS A. Public hearing by Michael McIntyre for a 4 1/2 foot variance to reduce the south side yard building setback from the required 9 1/2 feet to 5 feet to construct a detached garage at 2003 Lincoln Drive. (Case # 05-16) Action: Consider approving a request for a 4 ½ foot variance to reduce the south side yard building setback from the required 9 ½ feet to 5 feet to construct a detached garage at 2003 Lincoln Dr. 4. NON-PUBLIC HEARING ITEMS - NONE. 5. OFF AGENDA ITEMS/COMMUNICATIONS. A. Update on the rewrite of the Unified Development Code. 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 JUNE 8, 2016 1. CALL TO ORDER: The Hays Area Board of Zoning Appeals met at their regularly scheduled meeting on Wednesday June 8th, 2016 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 Gerald Befort Jerry Sonntag Rich Sieker Tom Lippert City Staff Present: Jesse Rohr, Superintendent and Linda Bixenman, Administrative Assistant of Planning, Inspection and Enforcement. 2. CONSENT AGENDA: A. Minutes: Jerry Sonntag moved, Rich Sieker seconded the motion to approve the minutes from the April 13, 2016 meeting. There were no corrections or additions to those minutes. Vote: Ayes: Lou Caplan Gerald Befort Jerry Sonntag Rich Sieker Tom Lippert B. No Changes to the Agenda 3. PUBLIC HEARING ITEMS: None 4. NON-PUBLIC HEARING ITEMS: A. VARIANCE REQUEST BY MICHAEL MCINTYRE FOR A 4 ½ FOOT VARIANCE TO REDUCE THE SOUTH SIDE YARD BUILDING SETBACK FROM THE REQUIRED 9 ½ FEET TO 5 FEET TO CONSTRUCT A DETACHED GARAGE AT 2003 LINCOLN DRIVE. (Case # 05-16) Jesse Rohr presented a power point presentation with the information, location and site plan on the overhead visual on the above. The property is located on the west side of Lincoln Draw and north of 20th Street. The applicant was in attendance. 1 The applicant would like the variance to construct a detached garage behind the house and access from the street. There is part of a platted alley although it is not improved so there is no rear access. There was additional property that was deeded to this lot. The applicant had a survey done by Ruder Engineering and Surveying so there are property pins set. Jesse Rohr listed the options available to the board: Set a public hearing Not set a public hearing Provide other options He pointed out that if the Unified Development Code is adopted a five foot setback from the side yard property line would be allowed without a variance. Based on the survey and proposed new regulations, city staff would recommend setting a public hearing for July 13, 2016 meeting. Lou Caplan asked if there were any restrictions on the height of a garage in the proposed new regulations. Jesse Rohr answered that there were height restrictions and explained them to the board. He pointed out that the board could place a height restriction on the proposed detached garage since the new regulations would not be enforceable at that time. There is generally no concern on the size of a garage; the concern is the height of a garage. The applicant, Mike McIntyre, explained that the height of the 26 foot by 30 foot detached garage would not be any higher than the home. He would bring the plans to be submitted for the public hearing. Rich Sieker moved, Jerry Sonntag seconded the motion to set a public hearing for July 13, 2016 for a 4 ½ foot variance request to reduce the south side yard building setback from the required 9 ½ feet to 5 feet to construct a detached garage at 2003 Lincoln Drive. Vote: Ayes: Lou Caplan Gerald Befort Jerry Sonntag Rich Sieker Tom Lippert 5. OFF AGENDA ITEMS: A. UPDATE ON THE PROPOSED UNIFIED DEVELOPMENT CODE: Jesse Rohr provided the update on the proposed Unified Development Code. It was recommended by the Planning Commission to go before the City Commission work session on July 21, 2016. The consultant will provide the presentation. 2 Jerry Sonntag asked how the Unified Development Code was viewed by the public, particularly the realtors, developers and contractors. Jesse Rohr answered that many of them attended the public hearing and Doug Williams, broker representing the Hays Board of Realtors, acknowledged the work that had been done on the document, while admitting it is not a perfect plan; although they are willing to continue to work with City Staff. Mr. Rohr pointed out that since this is a living document, necessary changes can still be made after adoption. Jesse Rohr explained that one contentious item is the restricted length of a cul-de-sac which is 150 feet. Currently they are allowed to be 600 feet in length maximum. Jerry Sonntag asked how that was determined. He asked what other places are doing. Jesse Rohr answered that per the fire code, the Fire Chief recommended the 150 foot length. At that length the firemen do not have to enter the cul-de-sac. They can drag their hose to the location of the fire. In part it is to discourage cul-de-sacs. The original draft of the regulations did not allow cul-de-sacs and has changed to allow the 150 foot cul-de-sac. Upon measuring the shortest 20 cul-de-sacs within the City of Hays, the average of those 20 cul-de-sacs is 230 feet. The development gains more lots having cul-de-sacs in a development. Tom Lippert explained that fire trucks cannot get through a cul-de-sac if there is parking on both sides of the street, although with a through street, the fire truck could come in from the other side. Jesse Rohr and Tom Lippert noted that the benefit of a through street is having two points of access. Jerry Sonntag thought if the streets were wider it would not pose as great a problem. Jerry Sonntag stated that the proposed Unified Development Code is a good document. B. OTHER: - None 6. ADJOURNMENT: Lou Caplan adjourned the meeting at 8:41 a.m. Submitted by: Linda K. Bixenman, Administrative Assistant Planning, Inspection and Enforcement 3 THIS PAGE INTENTIONALLY LEFT BLANK  City of Hays Planning Inspection Enforcement Board of Zoning Appeals Action Report AGENDA ITEM: Setback Variance Application #05-16 ADDRESS: 2003 Lincoln Dr. OWNER: Michael McIntyre TYPE OF REVIEW: Variance PRESENTED BY: Jesse Rohr, P.I.E. Superintendent DATE PREPARED: July 6, 2016 MEETING DATE: July 13, 2016 SUMMARY AND RECOMMENDED ACTION: The applicant is requesting a variance to reduce the south side yard setback from 9 ½ feet to 5 feet, a variance of 4 ½ feet to allow the construction of a detached garage on the property located at 2003 Lincoln Dr. (see further details below and attached site drawing). Staff recommends approval of the request as submitted. BACKGROUND: • The applicant is requesting a variance on 1 side: o South Side – 9 1/2’ to 5’ • Applicant wishes to construct a detached garage on the property Setback Required Applicant Proposed Front Yard N/A N/A Side Yard 9 ½’ 5’ Rear Yard 5’ >5’ Other Structures 5’ >5’ 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: It is not immediately clear what is unique about this property. This lot is very typical of others in the area regarding lot size. However, there is no rear alley access to this property therefore the location of the garage is dependent on a location where front access can be achieved. b. The granting of the variance will not adversely affect the rights of adjacent property owners Staff Analysis: It does not seem that the 4 ½ foot variance being requested would adversely affect nearby property owners. c. The strict application of the code will constitute unnecessary hardship upon the property owner Staff Analysis: This is a lot that is very consistent with others in the neighborhood. However, the variance being requested is minimal in the grand scheme of things, AND is consistent with several past variances granted for a reduced side yard of 5’ for an accessory structure. It is important to note that the draft Unified Development Code will make the minimum side yard setback for detached structures 5 feet which would put this proposed garage into compliance. d. The variance will not adversely affect the public health, safety, morals, order, convenience, propriety, or general welfare Staff Analysis: It is unlikely that the variance would adversely affect the public health, safety, morals, order, convenience, propriety, or general welfare.  Page 2  e. The granting of the variance desired will not be opposed to the general spirit and intent of the regulations Staff Analysis: The granting of a variance for the proposed garage, with approval of a variance as submitted, would not likely be opposed to the general spirit and intent of the zoning regulations. RECOMMENDED ACTION: Staff recommends approval of the variance request as submitted. OPTIONS: • Approve the variance as submitted • Do not approve the variance • Provide alternative options to the applicant ATTACHMENTS: • Variance application • Variance justification and site drawing(s) from owner • Images/Maps/Photos  Page 3 2003 Lincoln Dr. south  Ellis County Mobile Parcel Viewer Approx. Location of Garage June 1, 2016 1:1,128 0 0.0075 0.015 0.03 mi 0 0.015 0.03 0.06 km Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swis stopo, and the GIS User Community