Board of Zoning Appeals

HAYS AREA BOARD OF ZONING APPEALS MEETING AGENDA CITY COMMISSION CHAMBERS 1507 MAIN, HAYS, KS WEDNESDAY, MARCH 11, 2020 8:15 A.M. A. CALL TO ORDER BY CHAIRMAN. B. CONSENT AGENDA. A. Minutes of the regular meeting of January 8, 2020. Action: Consider approving the minutes of the January 8, 2020 regular meeting. C. PUBLIC HEARING ITEMS. None. D. NON-PUBLIC HEARING ITEMS. A. Set a Public Hearing for a request by Dustin and Laney Roths, owners of Roths Luxury Properties LLC requesting a Special Use Permit for a Place of Public Assembly at 1102 Main Street. Action: Set a public hearing for a Special Use Permit request at 1102 Main Street. B. Set a Public Hearing for a request by Standlee H. Dalton requesting a variance to reduce the front setback from 25 ft to 7 ft for a carport at 2307 Oak St. Action: Set a public hearing for a Variance request at 2307 Oak St. E. OFF AGENDA ITEMS/COMMUNICATIONS. F. 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 8, 2020 1. CALL TO ORDER: The Hays Area Board of Zoning Appeals met at the regularly scheduled meeting on Wednesday, January 8, 2020 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, Rich Sieker, Michael Berges Absent: Jerry Sonntag City Staff in attendance: Jesse Rohr, Director of Public Works, Curtis Deines, Superintendent of Planning, Inspection and Enforcement and Linda Bixenman, Administrative Assistant. 2. CONSENT AGENDA: A. MINUTES: Rich Sieker moved, Michael Berges seconded the motion to approve the minutes as submitted from the November 13th, 2019 meeting. There were no corrections or additions to those minutes. Vote: AYES: Lou Caplan, Rich Sieker, Michael Berges 3. PUBLIC HEARING ITEMS: None 4. NON-PUBLIC HEARING ITEMS: A. BZA Member Reorganization Curtis Deines explained about the annual reorganization. Rich Sieker moved, Michael Berges seconded the motion to approve that Lou Caplan would continue as Chair and Jerry Sonntag would continue as Vice- Chair of the Hays Area Board of Zoning Appeals. Vote: AYES: Lou Caplan, Rich Sieker, Michael Berges 5. OFF AGENDA ITEMS/COMMUNICATIONS: None 6. EXECUTIVE SESSION: Chairman Lou Caplan stated: “The Board of Zoning Appeals has been asked by staff to hold a brief Executive Session”. At this time, he entertained a motion for the purpose of recessing the public meeting for Executive Session. 1  Michael Berges moved, Rich Sieker seconded the motion that the Board of Zoning Appeals will recess to executive session from 8:18 a.m. for a period not to exceed 30 minutes to discuss matters deemed privileged in the attorney-client relationship. Included will be the Hays Area Board of Zoning Appeals members, Director of Public Works, Planning Superintendent, City Manager, Assistant City Manager and City Attorney. The public meeting will be called back from recess at 8:48 a.m. Vote: AYES: Lou Caplan, Rich Sieker, Michael Berges AFTER EXECUTIVE SESSION: Lou Caplan stated that no action was taken. 7. ADJOURNMENT Lou Caplan adjourned the meeting at 8:49 a.m. Submitted by Linda K. Bixenman, Administrative Assistant Planning, Inspection and Enforcement 2 THIS PAGE INTENTIONALLY LEFT BLANK  City of Hays Planning Inspection Enforcement Board of Zoning Appeals Action Report AGENDA ITEM: Special Use Permit Application #01-20 ADDRESS: 1102 Main St OWNER: Dustin & Laney Roths Roths Luxury Properties, LLC TYPE OF REVIEW: Special Use Permit for Place of Public Assembly PRESENTED BY: Jesse Rohr, Director of Public Works DATE PREPARED: February 26, 2020 AGENDA DATE: March 11, 2020 SUMMARY AND RECOMMENDED ACTION: The applicant is requesting a special use permit to allow a “Place of Public Assembly” located in a C-3 zoned district at 1102 Main St. The owners recently purchased this building with intentions of remodeling the interior and opening a place of public assembly for activities. The Unified Development Code requires this type of use to have a plan for parking to be approved by the Board of Zoning. The compatibility standards require the owner to accommodate parking through on-lot, on-street, or private off-street parking within 300 feet of the property. After taking into consideration all known factors, staff feels that the request is reasonable and will not have a detrimental effect on the surrounding properties. BACKGROUND: The owners recently purchased this building with intentions of remodeling the interior and opening a place of public assembly for activities that could include: public event venue, conferences, banquets, private parties, and weddings. The City of Hays Unified Development Code requires this type of use to have a plan for parking to be approved by the Board of Zoning. The compatibility standards require the owner to accommodate parking through on-lot, on-street, or private off-street parking within 300 feet of the property and not place material demands upon the on-street or public parking during peak demand for retail, restaurant, and other commercial uses. Staff calculated parking based on the expected occupant load of 300 people. 86 parking stalls would need to be accounted for within this area. Staff has also conducted a parking study of the area within one block east and west of Main St. (from Oak and Fort from 13th to 10th St.) The study identified that the peak time for parking is between 10:30am to 1:00 pm every day. The low peak is in the evenings after 5:30 pm. 11th Street is the busiest street overall after 10:00 am. Many businesses are open and Gella’s is an anchor business that has a large draw to downtown. The Chestnut Building parking on 12th St is the busiest parking lot during the day but has many spots available in the evenings. The venue would have adequate parking during evening/nighttime events. If this venue would have daytime events, there is also adequate parking in the area, however attendees may have to walk further due to 11th St being the busiest street during the day. Downtown Hays is zoned C-3 and does not require off street parking requirements out right. It is important to note that other uses, such as a large office complex, large restaurant, or even a bingo hall, are allowed uses in the C-3 district and DO NOT require a special use permit or any consideration of parking being given, even though they may have occupancies as high as a place of public assembly. STANDARDS OF EVALUATION: Per State Statute 12-759 (e) and City Ordinance UDC Sec. 11.2.408 In taking into consideration applications for a special use permit, the BZA shall give consideration to the comprehensive zoning plan, the health, safety, morals, comfort and general welfare of the inhabitants of the community, including, but not limited to, the following factors (particularly the bolded factors):  The stability and integrity of the various zoning districts  Conservation of property values  Protection against fire and casualties  Observation of general police regulations  Prevention of traffic congestion  Promotion of traffic safety and the orderly parking of motor vehicles  Promotion of the safety of individuals and property  Provision for adequate light and air  Prevention of overcrowding and excessive intensity of land uses  Provision for public utilities  Invasion by inappropriate uses  Value, type and character of existing or authorized improvements and land use  Encouragement of improvements and land uses in keeping with overall planning  Provision for orderly and proper urban renewal, development and growth By ordinance, the BZA does have the authority to impose certain restrictions, conditions, terms, time limitations, landscaping, and other appropriate safeguards to protect adjoining property. STAFF ANALYSIS:  Page 2 After considering all factors and evaluating the surrounding area, staff feels that the request is reasonable and will not have a detrimental effect on the surrounding properties. A parking count was performed on February 24, 26, & 28 at 4 different time periods of the day to identify peak times and how much parking is available in the East and West 100 block of 10th, 11th, 12th St. and Main Street from 13th to 10th St. This analysis determines that there is parking available to support this type of business. OPTIONS: The following are options to consider:  Approve the special use permit request for a Place of Public Assembly.  Do not approve the special use permit request. RECOMMENDED ACTION: Set a public hearing for April 8, 2020 to consider approval of the submitted Special Use Permit for a Place of Public Assembly at 1102 Main St. ATTACHMENTS:  Special Use Permit Application  Statement of Justification from Owner  Maps of Area  Page 3  01-2020 02-19-2020 11.2.408 A Place of Public Assembly C-3 1102 Main 1, 3, 5, 7 1-13 Hays Original February 19 2020 50.00 Linda K. Bixenman, Administrative Assistant Subject Location Subject Location 609 parking spaces- 335 on-street, 274 off-street 21 16 13 12 13th St 11 18 Fort St 18 10 47 5 37 13 9 21 12th St 27 22 24 12 29 5 5 1102 12 16 16 11th St 17 17 5 5 5 2 6 34 6 10th St 11 65 11 Red Circle indicates 300 ft distance from 1102 Main THIS PAGE INTENTIONALLY LEFT BLANK  City of Hays Planning Inspection Enforcement Board of Zoning Appeals Action Report AGENDA ITEM: Front Setback Variance Application #06-19 ADDRESS: 2307 Oak St. OWNER: Standlee H. Dalton TYPE OF REVIEW: Variance PRESENTED BY: Curtis W. Deines, P. I. E. Superintendent DATE PREPARED: March 4, 2020 MEETING DATE: March 11, 2020 SUMMARY AND RECOMMENDED ACTION: The applicant is requesting a variance to reduce the front yard setback of a residential property from 25 ft. to 7 ft. for a carport (already installed without permit). A public hearing will be conducted on April 8, 2020 to consider the variance request. Staff is not in favor of the variance request as submitted. The carport as installed is a violation of zoning code and does not appear to meet the requirements for a variance. BACKGROUND:  The applicant is requesting a setback variance of the front yard: o Front Yard – 25’ to 7’ Setback Required Applicant Proposed Front Yard 25 ft. 7 ft. Street Side Yard N/A N/A Rear Yard N/A N/A Other Structures N/A N/A  Applicant wishes to keep the carport in its current location.  Property is located within the NC.3 District.  The house sits approximately 24.5 ft from the front property line.   Below is UDC Table 3.3.201 showing building standards for lots in various Districts. Previous zoning prior to UDC change had this area as R-3. Indicated in red are the setback requirements.  The purpose of the Neighborhood Conservation (NC) district, as further delineated by subdistricts, is intended to provide for neighborhood stability while at the same time allowing for reasonable expansion and in some cases, new construction, in established residential neighborhoods. The NC district is generally characterized by development of existing residential neighborhoods that pre-dated the effective date of this Code.  Majority of the City of Hays residential districts have a 25ft front yard setback requirement.  There have been 2 cases in the past with similar requests that have been denied. STANDARDS OF EVALUATION: (Per State Statute 12-759 and City Unified Development Code)  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  Page 2   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 is a 60 ft x 111 ft lot. This is a common size in this neighborhood. No obvious uniqueness to the property exists. b. The granting of the variance will not adversely affect the rights of adjacent property owners. Staff Analysis: It seems that this request could have an adverse effect on the rights of adjacent property owners due to the expectation of consistent and uniformly applied zoning regulations to help protect the character of the neighborhood. c. The strict application of the code will constitute unnecessary hardship upon the property owner. Staff Analysis: This is likely a self-imposed hardship. Even though this is the easiest location for access to the front, there may be adequate room to place a carport in the rear yard. d. The variance will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare Staff Analysis: If granted as proposed, this variance may not adversely affect the public health, safety, morals, order, convenience, prosperity, 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 reduced front yard setback does oppose the general spirit and intent of the zoning regulations. OPTIONS:  Page 3 The BZA has the following options after conducting a public hearing on the requested variance:  Deny the variance as submitted  Approve a variance with conditions, including but not limited to a requirement to restore the property to compliance upon the current resident vacating the premises (a self-executing bond or other instrument can be required to ensure future compliance)  Approve the variance requested with no conditions RECOMMENDED ACTION: Staff is not in favor of the variance request as submitted. The carport as installed is a violation of zoning code and does not appear to meet the requirements for a variance. ATTACHMENTS:  Variance application  Variance justification and site drawing(s) from owner  Images/Maps/Photos  Page 4  06-2019 10-16-2019 Same Same N/A N/A to reduce the front yard setback from 25 ft to 7 ft a reduction of 18 ft for an open carport. NC.3 October 28, 2019 50.00 Linda K. Bixenman, Administrative Assistant  Central Hays 24th & Oak St  2307 Oak St 24th St 6 ft 3" 12 x 15 carport 7 ft North Chain Link Fence on property line Oak St  View from Oak Street looking West View from 24th St looking South