Board of Zoning Appeals

HAYS AREA BOARD OF ZONING APPEALS MEETING AGENDA CITY COMMISSION CHAMBERS 1507 MAIN, HAYS, KS JUNE 13, 2018 8:15 A.M. 1. CALL TO ORDER BY CHAIRMAN. 2. CONSENT AGENDA. A. Minutes of the regular meeting of May 9, 2018 meeting Action: Consider approving the minutes of the May 9, 2018 meeting. 3. PUBLIC HEARING ITEMS A. Request by MAO Investments/Mark Ottley for a five-foot (5’) variance to reduce the west side yard building setback from the required ten feet (10’) to five feet (5’) to construct a new building on an existing slab at 1306 E 8th Street. (Case #01-18). Action: Public hearing to consider a west side yard variance to construct a building on an existing slab at 1306 E 8th Street. B. Request by Kirk & Deb Chapin for a variance in fence height from the required 42 inches up to 6 ft. at the front property line at the corner lot of 417 E 14th Street. (Case #02-18). Action: Public hearing to consider an east side (front) yard variance to construct up to a (6) six-foot vinyl fence along the east property line near the sidewalk at 417 E 14th Street. 4. NON-PUBLIC HEARING ITEMS - None 5. OFF AGENDA ITEMS/COMMUNICATIONS. 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 MAY 9, 2018 1. CALL TO ORDER: The Hays Area Board of Zoning Appeals met at their regularly scheduled meeting date of Wednesday May 9, 2018 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 Tom Lippert Rich Sieker Jerry Sonntag City Staff Present: Jesse Rohr, Director of Public Works, Curtis Deines, Superintendent of Planning Inspection and Enforcement and Linda Bixenman, Administrative Assistant of Planning, Inspection and Enforcement. 2. CONSENT AGENDA: A. Minutes: Tom Lippert moved, Jerry Sonntag seconded the motion to approve the minutes as written from the December 13, 2018 meeting. There were no corrections or additions to those minutes. Vote: Ayes: Lou Caplan Gerald Befort Tom Lippert Rich Sieker Jerry Sonntag 3. PUBLIC HEARING ITEMS: - None 4. NON-PUBLIC HEARING ITEMS: - None A. REQUEST BY MAO INVESTMENTS/MARK OTTLEY FOR A FIVE FOOT (5’) VARIANCE TO REDUCE THE WEST SIDE YARD BUILDING SETBACK FROM THE REQUIRED TEN FEET (10’) TO FIVE FEET (5’) TO CONSTRUCT A NEW BUILDING ON AN EXISTING CONCRETE SLAB AT 1306 EAST 8TH STREET. (Case #01-18): Curtis Deines, provided a power point presentation on the overhead visual with the information, location, and site plan by the applicant requesting a five-foot variance to reduce the west side yard building setback from the required ten feet (10’) in a Light Industrial zoning district “I-1”, to five feet (5’) to construct a 140 foot by 1 40-foot commercial building on an existing concrete slab. He pointed out the location of the buildings on neighboring properties. There is no history of previous variance requests. There were no side yard setback requirements from the previous zoning regulations. Tom Lippert asked for informational purposes, what the reason for change of the setbacks from 0 feet to 10 feet. Curtis Deines explained that per the building codes if a structure is less than 10 feet from the side yard property line; it would have to be built with fire resistant building materials. Jesse Rohr added that it was found necessary per the new regulations to have some setback in place. The former building regulations allowed a structure to be built up to the zero-lot line provided fire code measures are taken. The applicant will adhere to the fire code measures; he also will be five feet from the side yard property line. The original building on the slab burned down 20 plus years ago. The building slab had been checked out and can be built on again. Tom Lippert noted a fence in that area. He asked when the administrative office building had been constructed and noted that it appeared to be two or three feet from the building to the north. Curtis Deines answered that the building has been there a long time; it was just recently remodeled. Mark Ottley explained that it is a cinder block building with a hip roof. It was skinned and covered with metal. Tom Lippert asked if the overhang and gutters be within the setback. Jesse Rohr answered that it would be a standard metal building that would not have the overhang. Tom Lippert thanked Mark Ottley for explaining about the proposed building. Curtis Deines explained that the options to the board include:  Set a public hearing for June 13, 2018 BZA meeting  Do not move this forward to a public hearing Lou Caplan entertained a motion. Jerry Sonntag moved, Rich Sieker seconded the motion to set a public hearing for June 13, 2018 for the request by MAO Investments LLC/Mark Ottley for a five-foot (5’) variance to reduce the west side yard building setback from the required ten feet (10’) to five feet (5’) to construct a commercial building on an existing slab at 1306 E 8th Street. Vote: Ayes: Lou Caplan Gerald Befort Tom Lippert Rich Sieker Jerry Sonntag 2  B. REQUEST BY KIRK & DEB CHAPIN FOR A VARIANCE IN FENCE HEIGHT FROM THE REQUIRED 42 INCHES UP TO A SIX-FOOT VINYL FENCE AT THE STREET SIDE YARD AT THE CORNER LOT OF 417 E 14TH STREET. (Case #02-18): Curtis Deines, provided a power point presentation on the overhead visual with the information, location, and site plan of the corner lot for the above request. The applicant is requesting a variance to increase the height of a fence from 42 inches required for a corner lot street side yard to up to 72 inches. Per the regulations, the fence would be required to be tapered down from 6 feet to 42 inches at the point of the corner lot street side yard. He used the map to point out the height limitation for a street side yard setback. The higher fence height would allow more privacy and be consistent with other fences in the area. Lou Caplan noted that the six-foot fence would be the same height as the fence across the alley. Curtis Deines answered that was correct. He drove the neighborhood and counted 18 six-foot fences with similar situations. This would be consistent with the height of the fences in the neighborhood. Jesse Rohr pointed out that this fence height requirement on the corner lot street side yard is the result of the Unified Development Code adopted about one year and a half ago. Since it is hard to justify the purpose of the 42-inch height fence on a street side yard, this is scheduled to go before the May Planning Commission for discussion to consider a change to allow the higher fence without a variance. Curtis Deines pointed out the site triangle drawing that is part of the regulations would need to be modified if there were changes. There have been 2 variance requests for the increase in height of a fence that has been approved in the past. One on a corner lot and the other for the front yard. The options to the board include:  Set a public hearing for June 13, 2018 BZA meeting  Do not move this forward to a public hearing Staff recommends setting a public hearing for the June 13, 2018 BZA meeting. Lou Caplan entertained a motion. Rich Sieker moved, Jerry Sonntag seconded the motion to set a public hearing for June 13, 2018 for the request by Kirk & Deb Chapin for a variance in fence height from the required 42 inches on a street side yard up to 6 feet in height at the property on the corner lot at 417 E 14th Street. 3 Vote: Ayes: Lou Caplan Gerald Befort Tom Lippert Rich Sieker Jerry Sonntag 5. OFF AGENDA ITEMS/COMMUNICATIONS: - None 6. ADJOURNMENT: Lou Caplan adjourned the meeting at 8:28 p.m. Submitted by: Linda K. Bixenman, Administrative Assistant Planning, Inspection and Enforcement 4 THIS PAGE INTENTIONALLY LEFT BLANK  City of Hays Planning Inspection Enforcement Board of Zoning Appeals Action Report AGENDA ITEM: Setback Variance Application #01-18 ADDRESS: 1306 E. 8th OWNER: MAO Investments/Mark Ottley TYPE OF REVIEW: Variance PRESENTED BY: Curtis W. Deines, P. I. E. Superintendent DATE PREPARED: June 4, 2018 MEETING DATE: June 13, 2018 SUMMARY AND RECOMMENDED ACTION: The applicant is requesting a variance to reduce the west side yard setback of a commercial property to have the ability to use an existing concrete building pad. Staff recommends approving variance as requested. BACKGROUND:  The applicant is requesting a variance on 1 side: o West Side – 10’ to 5’ Setback Required Applicant Proposed Front Yard N/A N/A Side Yard 10’ 5’ Rear Yard N/A N/A Other Structures N/A N/A  Applicant wishes to place a new building on a 140 ft x 40 ft existing building slab. STANDARDS OF EVALUATION: Per State Statute 12-759 and City Ordinance 3919  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: This lot doesn’t appear to have any specific uniqueness as this lot is very typical of others in the area. The uniqueness is that in 1966 a building was built on this proposed site. The building was demolished many years ago and the slab was not removed. b. The granting of the variance will not adversely affect the rights of adjacent property owners Staff Analysis: It seems that this request will have limited effect on any rights of adjacent property owners. The proposed project will only affect the west property owner and will encroach upon the side yard setback. This building will not encroach any closer than the building previously constructed. Building Codes have specific requirements for buildings within 10 ft. of the property line to protect the property owner and adjacent property owners building. c. The strict application of the code will constitute unnecessary hardship upon the property owner Staff Analysis Cost is usually not a hardship factor when requesting a variance, however in this situation it may be justifiable as there are benefits of utilizing the existing concrete slab since it does not conform to the current set back requirements. The property owner is willing to follow more restrictive building codes which will increase costs, but provide protection against adjacent property.  Page 2  d. The variance will not adversely affect the public health, safety, morals, order, convenience, propriety, or general welfare Staff Analysis: If granted as proposed, this variance would not 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 granting of a variance for the proposed building with a five (5) ft. setback would not oppose the general spirit and intent of the zoning regulations. RECOMMENDED ACTION: Staff recommends approving the variance as requested. OPTIONS:  Approve Variance  Approve Variance with special conditions  Do not approve variance ATTACHMENTS:  Variance application  Variance justification and site drawing(s) from owner  Images/Maps/Photos  Page 3  1306 E 8th St, Hays Ks Home Oil Proposed Building Site Leon’s Weldin g On 05-09-2018 set the public hearing Date: April 24, 2018 To: Hays Area Board of Zoning Appeals From: MAO Investments/Mark Ottley Re: 1306 E. 8th. Street I am requesting permission to construct a new building on the existing concrete pad that has footings in place. The building will be the same type as the Chief metal building that was there before. The former Great Gun's building was located 5' feet from the west property line and the concrete is still good and in place. The slab is 140' x 40' with an approach on the east already in place. Uniqueness: The commercial building just to the north is built and in use with the same 5' setbacks to the same neighboring property. They have all been in place for a long time. The value of the concrete that is in place is quite large in regards to the total cost. The distance from the east property line is needed due to allowing ingress and egress to the structure as it always was in the past. I had the concrete in question checked by Driggs Design Group and it is above the required flood plain. Adjacent Property: I talked with Brad the manager of Matheson next door. He said anything that improves and cleans up the area would be positive. There would be no negative effect from his view. Hardship: Tearing up,hauling off and replacing the slab would make the project undo-able financially. Also, moving the building to the east would limit the ingress and egress of the property to the degree that will not work. Public Interest: The structure will be made of material to match all surrounding commercial buildings. It will improve an area that has been trademarked as an eye sore for many years. The structure will increase the property value as well as have a much needed chance of increasing sales tax for the City of Hays. Any and all improvements to that area is a big plus when new people come into Hays from the airport. Spirit and Intent of the Zoning Regulations: Granting a variance on this property has no negative impact at all. All is positive. The new building will be in that exact spot as the former Great Guns building was. Concrete is in place. It will clean up the area. Putting a commercial shop in there will increase taxes.  THIS IS A LIST OF PROPERTY OWNERS ABUTTING THE SUBJECT PROPERTY THAT WERE SENT NOTIFICATION OF THE PUBLIC HEARING. 01-18 Stat Property Address Parcel First Name City Zip e 1306 E 8th St 026-182-03-0-30-01-008.00-0 MAO Investments LLC 700 W 48th Street Hays KS 67601 1306 E 8th St 026-182-03-0-30-01-008.00-0 Mark Ottley 700 W 48th Street Hays KS 67601 1300 E 8th St 026-182-03-0-30-01-008.01-0 Linweld Inc P O Box 190 Waverly NE 68462 E 8th St 026-182-03-0-30-01-007.00-0 Professional Pulling Service LLC P O Box 486 Hays KS 67601 1027 Highway 40 Bypass 026-182-03-0-30-01-011.04-0 Leons Welding & Fabrication LLC 1027 Highway 40 Bypass Hays KS 67601 1023 Highway 40 Bypass 026-182-03-0-30-01-011.03-0 Jayhawk Resources P O Box 363 Plainville KS 67663 1002 Vine St 026-182-03-0-20-02-011.00-0 City of Hays P O Box 490 Hays KS 67601 E 8th St 026-182-03-0-20-03-001.00-0 City of Hays P O Box 490 Hays KS 67601 THIS PAGE INTENTIONALLY LEFT BLANK  City of Hays Planning Inspection Enforcement Board of Zoning Appeals Action Report AGENDA ITEM: Variance Application #02-18 ADDRESS: 417 E. 14th OWNER: Kirk & Deb Chapin TYPE OF REVIEW: Variance PRESENTED BY: Curtis W. Deines, P. I. E. Superintendent DATE PREPARED: June 4, 2018 MEETING DATE: June 13, 2018 SUMMARY AND RECOMMENDED ACTION: The applicant is requesting a variance to increase the height of a fence from 42 Inches up to 72 inches (6 ft). to be located within the Street Side Setback of a corner lot. In 2016 the City of Hays adopted the new Uniform Development Code. The previously zoned residential properties where zoned to Neighborhood Conservation Districts. “The purpose of the neighborhood conservation district is to preserve the integrity of the existing neighborhoods while providing reasonable opportunities for improvement and expansion of existing homes without variances.” In this case there are many common situations of fences located within this newly defined Side Street Setback. Staff recommends approving variance as requested. BACKGROUND:  The applicant is requesting a variance of fence height: o Street Side at front property line – 42 inches to 72 inches (6 Ft)., a difference in 30 inches. STANDARDS OF EVALUATION: Per State Statute 12-759 and City Ordinance 3919  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: This lot doesn’t appear to have any specific uniqueness as this lot is very typical of other corner lots in the area. b. The granting of the variance will not adversely affect the rights of adjacent property owners Staff Analysis: It seems that this request will have limited effect on any rights of adjacent property owners. This has been a common practice on many corner lots to have the back part of the property fenced in along Milner and Allen Street. c. The strict application of the code will constitute unnecessary hardship upon the property owner Staff Analysis: The variance requested is to increase the height of the fence from 42 Inches to 6 ft. The hardship here is self-imposed as the owner has the option to construct a fence up to his property line, however it would not be consistent with the neighborhood in general. d. The variance will not adversely affect the public health, safety, morals, order, convenience, propriety, or general welfare Staff Analysis: If granted as proposed, this variance would not 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 fence 30 inches taller would not oppose the general spirit and intent of the zoning regulations. RECOMMENDED ACTION: Staff recommends approving variance as requested. OPTIONS:  Approve Variance  Approve Variance with special conditions  Do not approve variance ATTACHMENTS:  Variance application  Variance justification and site drawing(s) from owner  Images/Maps/Photos  Page 3 417 E 14th Interior side Proposed Fence Location Street side Front Setback  E 14th Milner North  02-18 04-30-2018 On 05-09-2018 set the public hearing ---- ---- ---- ------ ---- height increase from 42 inches up to 6 ft at the front property line of the street side of a corner lot. (NC.3 - Neighborhood Conservation Subdistrict) Planning, Inspection & Enforcement 50.00 Receipt # 610765 Linda K. Bixenman, Administrative Assistant  THIS IS A LIST OF PROPERTY OWNERS ABUTTING THE SUBJECT PROPERTY THAT WERE SENT NOTIFICATION OF THE PUBLIC HEARING #02-18 Property Address Parcel First Name Last Name Address City State Zip 417 E 14th St 026-138-33-0-40-28-017.00-0 William Kirk & Debora Lynn Chapin 415 E 14th St Hays KS 67601 416 W 15th St 026-138-33-0-40-28-001.00-0 Brian & Annette F Wooldridge 416 E 15th St Hays KS 67601 502 E 15th St 026-138-33-0-40-19-024.00-0 L & A Enterprises LLC 1710 Volga Dr Apt #A Hays KS 67601 1402 Milner St 026-138-33-0-40-19-026.00-0 Matthew S & Glenda Wheeler 1505 W 12th St Front Hays KS 67601 1400 Milner 026-138-33-0-40-19-027.00-0 Josh Creamer P O Box 1726 Hays KS 67601 1400 Milner 026-138-33-0-40-19-027.00-0 Dylan Smith P O Box 1018 Hays KS 67601 1310 Milner St 026-138-33-0-40-34-007.00-0 James & Carlene Fay Munsch 231 Karen Dr Alamo TX 78516 Revocable Trust 416 E 14th St 026-138-33-0-40-33-001.00-0 Mildred Dechant 414 E 14th St Hays KS 67601 415 E 14th St 026-138-33-0-40-28-061.00-0 Kirk & Debora L Chapin 415 E 14th St Hays KS 67601 414 E 15th St 026-138-33-0-40-28-002.00-0 Michael S & Stephanie A Broyles 4510 S Highway 13 Polo Mo 64671  Parcel Details for 026-138-33-0-40-28-017.00-0 Owner Information Owner's Name CHAPIN, WILLIAM KIRK & DEBORA LYNN (Primary): Mailing Address: 415 E 14th St Hays, KS 67601 Property Address Address: 417 E 14th St Hays, KS 67601 General Property Information Property Class: Residential - R Living Units: 1 Zoning: Neighborhood: 019 - Hays Taxing Unit: 010-HAYS CITY Neighborhood / Tract Information Neighborhood: 019 - Hays Block: 21 Lot: 17 Tract: Section: 33 Township: 13 Range: 18 Tract Description: FAIRVIEW , BLOCK 21 , Lot 17 , SECTION 33 TOWNSHIP 13 RANGE 18 Acres: 0.00 Market Acres: 0.00