Board of Zoning Appeals

HAYS AREA BOARD OF ZONING APPEALS MEETING AGENDA CITY COMMISSION CHAMBERS 1507 MAIN, HAYS, KS WEDNESDAY, NOVEMBER 4, 2020 8:15 A.M. A. CALL TO ORDER BY CHAIRMAN. B. CONSENT AGENDA. A. Minutes of the regular meeting of October 14, 2020. Action: Consider approving the minutes of the October 14, 2020 regular meeting. C. PUBLIC HEARING ITEMS. A. Public Hearing request by USD 489/Overland Property Group Stonepost Loft Partners, LLC for a floodplain regulation variance for 305 Main St. Action: Consider approving floodplain regulation variance for 305 Main Street. B. Public Hearing request by the Hays Community Theatre for a one-foot variance of wall sign height and to allow a cabinet style wall sign within the “C-3” Central Business Zoning District at 121 East 8th St. Action: Consider approving the two-part sign variance for 121 East 8th Street. D. NON-PUBLIC HEARING ITEMS. None. 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 OCTOBER 14, 2020 1. CALL TO ORDER: The Hays Area Board of Zoning Appeals met for the regularly scheduled meeting on Wednesday, October 14, 2020 at 8:15 a.m. in the 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, Brian Garrett, Russell Koenigsman Absent: Rich Sieker City Staff in attendance: Collin Bielser, Assistant City Manager, Jesse Rohr, Director of Public Works, Curtis Deines, Superintendent of Planning, Inspection, and Enforcement, and Linda Bixenman, Administrative Assistant. 2. CONSENT AGENDA: A. MINUTES: Jerry Sonntag moved; Russell Koenigsman seconded the motion to approve the minutes as submitted from the September 9, 2020 meeting. Vote: AYES: Lou Caplan, Jerry Sonntag, Brian Garrett, Russell Koenigsman 3. PUBLIC HEARING ITEMS: None 4. NON-PUBLIC HEARING ITEMS: A. Application submitted by USD 489/Overland Property Group Stonepost Lofts Partners, LLC for a floodplain regulation variance for 305 Main Street to allow substantial improvements to a listed historic property. Curtis Deines provided a PowerPoint presentation for a floodplain variance request at 305 Main St., requested by USD 489/Overland Property Group Stonepost Lofts Partners LLC. He explained that the ownership of the property is currently in transition from USD #489 to OPG Stonepost Lofts Partners. He provided a slide to show that the property is located within the floodplain. The base flood elevation is approximately 4 ½ feet above existing grade. OPG Stonepost Lofts Partners applied to the National Park Service to have the structure at 305 Main Street be recognized as a historic structure. This will allow the new owners to take advantage of financial incentives and will make the renovations possible since nationally registered buildings do not 1  have to meet the same floodplain requirements as those not historically recognized. He pointed out the conditions of approval in the regulations that is a statement directly from FEMA regulations that a variance can be issued for changes to the building for flood protection that may change the character and design of the structure and affect the historic designation. History: A floodplain variance request was approved a few months ago for 803 Fort Street. Staff’s recommendation is approval of the variance contingent upon the structure being approved to be on the National Historic Registry. Lou Caplan asked if it would be economical if they do not get approved on the National Historic Registry. Curtis Deines answered that if they do not get the historic designation, they would not be able to get the floodplain variance. This would change the scope of their work because it would not be feasible because of the value. B. Application submitted by Hays Community Theatre for a one-foot variance of wall sign height and to allow a cabinet style wall sign within the “C-3” Central Business Zoning District at 121 E. 8th Street. Curtis Deines provided a PowerPoint presentation for the Hays Community Theatre at 121 E. 8th Street for the variance request for a one foot variance from allowed 18 inches to 30 inch wall sign height and to allow a cabinet style wall sign within the “C-3” Central Business Zoning District. He read Section 7.2.401 of the Unified Development Code of the sign standards set out in the Central Business “C-3” District that is the symbolic center of the community which is conducive to pedestrian environment; therefore, signs must be pedestrian-scaled to reinforce the aesthetic integrity of the area. He explained there is the “C-3” Central Business District, downtown district and the Chestnut Street Historical District. This can be challenging when they all come into play. Some properties fall into all three categories while others fall into one or two of those categories. The subject property does not have the features to meet the criteria to be listed as historic. In many cases the overall “C-3” zoning district regulations are more restrictive to businesses that do not have to meet the same criteria; however, many of the regulations were written to conform to the desires of the Chestnut Street Historic District. He explained the five statutory requirements associated with this request. 2  History: There has not been any requests for variances on downtown business signs. Staff is in favor of this request. Curtis Deines stated that the Public Hearing is set for the next Board of Zoning Appeals meeting scheduled for the first Wednesday of the month on November 4, 2020 since Veterans Day Holiday is on the regularly scheduled meeting day. 5. OFF AGENDA ITEMS/COMMUNICATIONS: Lou Caplan asked for any questions or comments. There were none. 6. ADJOURNMENT Lou Caplan adjourned the meeting at 8:26 a.m. Submitted by Linda K. Bixenman, Administrative Assistant 3 THIS PAGE INTENTIONALLY LEFT BLANK  City of Hays Planning Inspection Enforcement Board of Zoning Appeals Action Report AGENDA ITEM: Floodplain Regulation Variance Request ADDRESS: 305 Main St. OWNER: USD 489 / OPG Stonepost Lofts Partners, LLC TYPE OF REVIEW: Floodplain Regulation Variance Request PRESENTED BY: Curtis W. Deines, P. I. E. Superintendent DATE PREPARED: October 23, 2020 MEETING DATE: November 4, 2020 SUMMARY AND RECOMMENDED ACTION: The applicant is requesting a variance from floodplain regulations that will allow substantial improvements to the property at 305 Main St. so it may be used for multi- family housing. Per floodplain regulations, a property owner is limited to only spending 50% of the appraised value of the structure for substantial improvements before being required to make the structure compliant with floodplain regulations. In September, OPG Stonepost Lofts Partners applied to the National Park Service to have the structure at 305 Main St. be recognized as a historic structure. This will not only allow the new owners to take advantage of financial incentives but will make the renovations possible since nationally registered buildings do not have to meet the same floodplain requirements as those not historically recognized. Staff recommends approval contingent upon the structure being approved to be on the National Historic Registry, which is pending approval at this time. BACKGROUND: The applicant is requesting a variance from floodplain regulations that will allow substantial improvements to the property for the former Washington school to be renovated into apartments. Washington school has been located on this property since 1925. There was an addition in 1994. The building is several feet below what the base flood elevation is. Recently USD 489 agreed to sell the property to OPG Stonepost Lofts Partners who plans to renovate the building into apartments. This project was selected by the State of Kansas to receive funding through the Low-Income Housing Tax Credit Program. In September, OPG Stonepost Lofts Partners submitted an application to the National Park Service to request the structure be recognized as a national historic structure. If approved as a listed historic structure, this will allow the new owners to take advantage of financial incentives to make the renovation possible, and will allow construction to take place without having to meet full FEMA floodplain requirements, if a variance is granted by the BZA. Within the FEMA’s regulations, nationally registered historic buildings do not have to meet the same requirements especially if any work may affect the historic designation. Therefore, the property owner is requesting the variance to allow full renovation without consideration of the floodplain designation. STANDARDS OF EVALUATION: (Per City Unified Development Code) Approval Criteria. In passing upon such application for variances, the Board of Zoning Appeals shall consider all technical data and evaluations, all relevant factors, standards specified in Article 9.3, Flood Damage Prevention, and the following criteria (11.2.411): 1. Danger to life and property due to flood damage. Staff Analysis: This property was built in 1925 prior to any flood regulations. This property is located near the levee that was constructed prior to the flood of 1957. The building does have a basement which will not be used for apartments at this time and may require analysis if desired in the future. 2. Danger that materials may be swept onto other lands to injury of others. Staff Analysis: The building is a block/brick building and the interior items would more than likely not be swept out causing issue with other areas. 3. Susceptibility of the proposed facility and its contents of flood damage and the effects of such damage on the individual owner. Staff Analysis: 305 Main St is located near the levee and is estimated to be 5 ft. below the base flood elevation. If flood waters exceed the capacity of the levee, the entire area will have flood damage. The levee has shown to provide protection for large flooding events. 4. Importance of the services provided by the proposed facility to the community. Staff Analysis: The proposed apartments continue to allow affordable options for citizens and young families in the City of Hays. Development of residential apartments near our downtown is beneficial to sustainment of this area of town. 5. Necessity to the facility of a waterfront location, where applicable Staff Analysis: This situation is N/A.  Page 2  6. Availability of alternative locations, not subject to flood damage, for the propose use. Staff Analysis: The developer/owner has developed 3 other locations near this location, with all of them being in the floodplain, and this is logical for development even though it’s located within the floodplain. This location and building are unique and may not be able to be renovated without being listed on the Historic Registry and an approved variance from the BZA. 7. Compatibility of the proposed use with existing and anticipated development. Staff Analysis: The use proposed is compatible with the area and will enhance the neighborhood of continued multi-family development. 8. Relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area. Staff Analysis: This use does conform to the Comprehensive Plan and the proposal will have little if any effect on the floodplain management program. 9. Safety of access to the property in times of flood for ordinary emergency vehicles. Staff Analysis: Access to this property is very accessible to the public and emergency vehicles, even in times of street flooding. 10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters, if applicable, expect at the site Staff Analysis: N/A 11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems; streets, and bridges. Staff Analysis: This location does not have any public infrastructure located on it. All services are private, and any costs incurred would be the responsibility of the property owner. OPTIONS:  Approve variance as submitted.  Approve variance with conditions or alternate options  Do not approve the variance. RECOMMENDED ACTION: Motion to approve the floodplain variance as requested for 305 Main St.  Page 3 ATTACHMENTS:  Variance application  Variance justification and site drawing(s) from owner  Images/Maps/Photos  Page 4  08-2020 09-28-2020 September 28, 2020 50.00 Linda K. Bixenman, Administrative Assistant 2. The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the Zoning Regulations from which the variance is requested, and outlining, in detail, the manner in which it is believed that this application will meet each of the conditions, as set out by Hays, KS Unified Development Code Article 9.3, Flood Damage Prevention as listed below. 1. Danger to life and property due to flood damage; 2. Danger that materials may be swept onto other lands to the injury of others; 3. Susceptibility of the proposed facility and its contents of flood damage and the effects of such damage on the individual owner; 4. Importance of the services provided by the proposed facility to the community; 5. Necessity to the facility of a waterfront location, where applicable; (N/A) 6. Availability of alternative locations, not subject to flood damage, for the proposed use; 7. Compatibility of the proposed use with existing and anticipated development; 8. Relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area; 9. Safety of access to the property in times of flood for ordinary and emergency vehicles; 10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters, if applicable, expected at the site; and (N/A) 11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems; streets; and bridges. (N/A) OPG Stonepost Lofts Partners, LLC is confident its ability to adhere to all criteria as set out by Hays, KS Unified Development Code Article 9.3, Flood Damage Prevention. There is no perceived danger to life and property due to flood damage. The existing historic building has been an operating school for nearly 100 years, beginning in 1926, without incident. The existing structure is concrete and heavy masonry, so there is very minimal danger that materials may be swept onto the other lands to the injury of others. In its 94 years of operation, there has been no flood damage to the building, indicating that there is no susceptibility of the proposed facility and its contents of flood damage. There is importance of the services provided by the proposed development to the community of Hays in that we are simultaneously able to save this historic building while repurposing it to provide needed housing. This will greatly benefit the community, while remaining consistent with adjacent properties. The proposed use of housing is consistent with the Comprehensive Plan, adjacent properties, and meets the needs of the community. This development is in a fully established area, with safe & ready access to the property and emergency vehicles.  305 Main St. Estimated BFE Published on the City of Hays Web Page – October 14, 2020 BEFORE THE HAYS AREA BOARD OF ZONING APPEALS THE CITY OF HAYS, KANSAS NOTICE TO: Unified School District 489/OPG Stonepost Lofts Partners, LLC The Hays Area Planning Commission The City of Hays, Kansas, and all other persons concerned You are hereby notified that pursuant to the provisions of K.S.A. 12-759 through K.S.A. 12- 760 et seq. as amended, and Ordinance 3919 of the Code of Ordinances of the City of Hays, and Resolution 2007-8 of the Board of County Commissioners of Ellis County, Kansas, that a hearing will be had before said Board upon the appeal filed by Unified School District 489/OPG Stonepost Lofts Partners, LLC. The subject of the hearing shall be a request by United School District 489/OPG Stonepost Lofts Partners, LLC for a variance from floodplain regulations to allow substantial improvements to a nationally registered historic building on the property at 305 Main Street, Hays, KS. You are hereby notified that a hearing will be had upon said appeal on the 4th day of November 2020 at 8:15 a.m.in the City Commission Chambers of City Hall at 1507 Main, in the City of Hays, Kansas, at which time said appeal will be determined. Lou Caplan, Chairperson Hays Area Board of Zoning Appeals THIS PAGE INTENTIONALLY LEFT BLANK  City of Hays Planning Inspection Enforcement Board of Zoning Appeals Action Report AGENDA ITEM: Sign Variance Application #09-20 ADDRESS: 121 E. 8th St. OWNER: Hays Community Theatre TYPE OF REVIEW: Variance for Wall Sign PRESENTED BY: Curtis W. Deines, P. I. E. Superintendent DATE PREPARED: October 23, 2020 MEETING DATE: November 4, 2020 SUMMARY AND RECOMMENDED ACTION: An application for a variance has been submitted for the property at 121 E. 8th St. The variance as submitted is a two-part variance request regarding signage for the property. The applicant is requesting a variance to increase the allowed height of a sign as well as a request to allow a cabinet style sign within a C-3 zoned district at 121 E. 8th St. Section 7.2.400 of the Unified Development Code (UDC) contains the Special Area Sign Standards that are specific to the downtown area and properties within the Chestnut Street District within the C-3 Zoning District. Based on the facts in this memo, staff recommends approving the request as submitted. BACKGROUND: The applicant is requesting a one-foot variance in height of a wall sign to allow for a 30-inch tall wall sign. The UDC regulations limit the height of wall signs to 18 inches within the C-3 District. The second part of the variance is to allow a cabinet style sign within a C-3 zoned district. The UDC regulations prohibit cabinet style signs within the C-3 zoning district. As stated in the adopted UDC (Sec. 7.2.401), the Central Business (C-3) District, "Downtown", is the symbolic center of the community, which is conducive to a pedestrian environment. Signs help to convey an image and communicate a message of businesses, which also contribute significantly to the character and visual harmony of Downtown Hays. Therefore, signs in Downtown must be pedestrian-scaled and be of an artistic quality and creative design to reinforce the aesthetic integrity of the area. In addition, the regulations of this Section and elsewhere within this Code, the design of signs within the Central Business (C-3) District that are also within the Chestnut Street Historic District shall be subject to review by the State Historic Preservation Office (SHPO). The standards set out in this section are to implement this vision. As you can see from the above statement within the UDC, there are several variables that can make this challenging. Central Business (C-3) District, Downtown, and the Chestnut Street Historical District all come into play. Some properties fall within all three (C-3, downtown, and historic) categories while others only fall within one or two of the categories. The C-3 Zoning District itself is much larger than the historical district. When the historic district was created, this downtown area was evaluated and the properties within the historic district were identified to be unique to that period. The subject property (121 E. 8th St.) does not have the features to meet the criteria to be listed as historic. So, in many cases, the overall C-3 zoning district regulations are more restrictive to businesses that do not have to meet the same criteria as the listed historic structures; however, many of the regulations were written to conform to the desires of the Chestnut Street Historic District. 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: The building itself was built in 1920 and is not listed within the Chestnut Street Historic District. When looking at the visuals in the Special Area Sign Standards of the UDC, the building does NOT have features similar to the historic buildings this would typically apply to.  Page 2  b. The granting of the variance will not adversely affect the rights of adjacent property owners. Staff Analysis: This request will have limited or no effect on any rights of adjacent property owners. c. The strict application of the code will constitute unnecessary hardship upon the property owner. Staff Analysis: Current C-3 sign regulations are written more for historic structures and therefore prohibits and limits the size of wall signs within the entire C-3 zoning district. Even though the building is not considered historic, it is required to follow similar regulations limiting what they are allowed to do with signage. 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: Granting the variance request will not oppose the general spirit and intent of the regulations because the special area regulations are written more to address the Historic properties rather than the non-historic or general businesses within the C-3 District. OPTIONS:  Approve variance as submitted.  Approve variance with conditions or alternate options  Do not approve the variance. RECOMMENDED ACTION: Motion to approve the variance in height of a wall sign from 18 inches to 30 inches and allow a cabinet style sign to be installed at 121 E. 8th St. for Hays Community Theatre. ATTACHMENTS:  Variance application  Variance justification and site drawing(s) from owner  Images/Maps/Photos  Page 3  HCT C-3 Zoning Historical District  09-2020 09-28-2020 is a 12 inch variance of wall sign height and to allow a cabinet style sign within a C-3 Zoned District where they are prohibited. To allow a 30 inch tall cabinet style wall sign within a September 28, 2020 50.00 Linda Bixenman, Administrative Assistant Published on the City of Hays Web Page – October 14, 2020 BEFORE THE HAYS AREA BOARD OF ZONING APPEALS THE CITY OF HAYS, KANSAS NOTICE TO: Hays Community Theatre The Hays Area Planning Commission The City of Hays, Kansas, and all other persons concerned You are hereby notified that pursuant to the provisions of K.S.A. 12-759 through K.S.A. 12- 760 et seq. as amended, and Ordinance 3919 of the Code of Ordinances of the City of Hays, and Resolution 2007-8 of the Board of County Commissioners of Ellis County, Kansas, that a hearing will be had before said Board upon the appeal filed by Hays Community Theatre. The subject of the hearing shall be a request by Hays Community Theatre for a two-part variance request. The first part is a request for a one-foot variance in height of a wall and the second part of the request to allow a cabinet style sign within a “C-3” Central Business Zoning District at 121 E. 8th Street, Hays, KS. You are hereby notified that a hearing will be had upon said appeal on the 4th day of November 2020 at 8:15 a.m.in the City Commission Chambers of City Hall at 1507 Main, in the City of Hays, Kansas, at which time said appeal will be determined. Lou Caplan, Chairperson Hays Area Board of Zoning Appeals  This is a list of property owners abutting the subject property that were sent a copy of the publication notice. #09-2020 Property Parcel First Name Last Name Address City State Zip Address 718 Main St 026-182-04-0-20-05-001.01-0 Ellis County Board of Commissioners P O Box 720 Hays KS 67601 132 E 8th St 026-182-04-0-20-05-001.00-0 Ellis County Board of Commissioners P O Box 720 Hays KS 67601 121 E 8th St 026-182-04-0-20-03-015.00-0 Hays Community Theatre Inc P O Box 21 Hays KS 67601 125 E 8th St 026-182-04-0-20-03-016.00-0 Hays Fire & Rescue Sales & Services LLC 1151 Moe Rd Hays KS 67601 128 E 9th St 026-182-04-0-20-03-002.00-0 T & A Investment Properties LLC 1749B 250th Ave Hays KS 67601 E 9th St 026-182-04-0-20-03-004.00-0 Eve Sevier Hiatt P O Box 1264 New London NH 03257 E 9th St 026-182-04-0-20-03-004.00-0 Amy Marina Hiatt 234 Sand Road Prt Townsend WA 98368 120 E 9th St 026-182-04-0-20-03-003.00-0 Kale C & Rene L Myers 1107 Stonecrest Rd Hays KS 67601 119 E 8th 026-182-04-0-20-03-014.00-0 Brian J & Jennifer M Schaffer 3706 Post Rd Hays KS 67601 E 9th St 026-182-04-0-20-03-004.00-0 Adele M Shaver 1800 Main St Hays KS 67601