Board of Zoning Appeals
Regular MeetingHays, KS · March 10, 2021
Agenda
HAYS AREA BOARD OF ZONING APPEALS MEETING AGENDA
CITY COMMISSION CHAMBERS
1507 MAIN, HAYS, KS
WEDNESDAY, MARCH 10, 2021
8:15 A.M.
A. CALL TO ORDER BY CHAIRMAN.
B. CONSENT AGENDA.
A. Minutes of the regular meeting of February 10, 2021.
Action: Consider approving the minutes of the February 10, 2021 regular meeting.
C. PUBLIC HEARING ITEMS.
A. None
D. NON-PUBLIC HEARING ITEMS.
A. Request for Public Hearing by Ellis County for a special use permit for a construction
and demolition landfill within the “P-I” Public Institutional Zoning District on the
property at 55th Street/240th Avenue located at 1515 W. 55th Street.
B. Request for Public Hearing by Brian M. Ralph for a two foot (2’) variance from the
required five feet (5’) to three feet (3’) to reduce the east side yard building setback
for a detached garage at 203 W. 37th Street.
C. Request for Public Hearing by BJ & Dena Rupp for a variance for two (2) additional
signs; one (1) on the north side and one (1) on the south side of their building
located at 1007 Vine Street.
E. OFF-AGENDA ITEMS/COMMUNICATIONS:
None
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
FEBRUARY 10, 2021
1. CALL TO ORDER: The Hays Area Board of Zoning Appeals met for the regularly
scheduled meeting on Wednesday, February 10, 2021 at 8:15 a.m. in the
Commission Chambers at City Hall. Lou Caplan declared a quorum was present
and called the meeting to order.
Roll Call:
Present: Lou Caplan, Jerry Sonntag, Rich Sieker, Brian Garrett, Russell Koenigsman
City Staff in attendance: Jesse Rohr, Director of Public Works, Curtis Deines,
Superintendent of Planning, Inspection, and Enforcement, and Linda Bixenman,
Administrative Assistant.
Others in Attendance, John Bird, Attorney for the City of Hays, Toby Dougherty, City
Manager, Collin Bielser, Assistant City Manager
2. CONSENT AGENDA:
A. MINUTES: Jerry Sonntag moved; Russell Koenigsman seconded the motion to
approve the minutes as submitted from the January 13, 2021 meeting.
Vote: AYES:
Lou Caplan, Jerry Sonntag, Rich Sieker, Brian Garrett, Russell Koenigsman
3. PUBLIC HEARING ITEMS:
A. Request for Public Hearing by Jesse Zimmerman for a five foot (5’) variance in
height of an accessory structure; an increase from the allowable twenty-one feet
(21’) to twenty-six feet (26’) at 2901 Cottonwood Lane.
Curtis Deines thanked everyone for coming. He informed the audience and
Commission that Bud Dalton would be participating by polycom for the meeting.
He is a nearby property owner to the subject property.
Curtis Deines provided a PowerPoint presentation about the case. The applicant
has a tall single-story ranch style home with a roof that is 21 foot above grade and
requests a taller garage than what is allowed by regulation.
The allowed detached structure per regulation would be twenty-one feet. The
regulation allows an 18 foot detached structure or the height of the primary
dwelling whichever is greater. The applicant could construct a garage that is
twenty-one feet in height.
He explained that the garage would meet the setbacks. This variance is specific
to the height only.
1
He showed a picture of the home with the existing detached structure that he
plans to replace with the proposed structure.
He explained that along Cottonwood Lane there are different styles of homes in
the neighborhood. From 27th to 32nd Street; five out of thirteen homes are 2 story
or taller. The lot size for this area is larger than the standard lots in Hays. There
are many mature trees in the area that provide a natural buffer between property
lines.
He showed an image of the proposed structure and two examples of the
proposed style. The roof on the taller portion is 3:12 pitch. The applicant is
concerned of the aesthetics of the neighborhood; therefore, he wants a nice
looking structure.
He provided the current regulation as stated in the Unified Development Code for
garage height.
He explained the information on the five statutory requirements associated with
this request.
History
In March 2019, a variance case was approved for 3314 Thunderbird Drive for an
increase in height from 18 feet to 22 feet. He showed a picture of the structure
that was built. This is the only history of this type of request since the regulations
were changed in 2018.
He explained that staff does not support this request based on it does not meet
the five statutory requirements.
He listed the options to the board.
He asked if there were any questions.
Lou Caplan asked if there were any questions from the board. There were none
at this time.
Lou Caplan asked if there was anyone in the audience to speak to this case.
Jesse Zimmerman, property owner of 2901Cottonwood Lane, came before the
board to explain his request for a five foot height variance for the proposed
structure that would replace the existing detached structure. This property is
located on a private street, not a public street.
They have planned for the proposed garage since they took ownership in 2015.
After visiting with Jesse Rohr in 2017 when Mr. Rohr was the Planning, Inspection
and Enforcement Superintendent, he was informed that there were some changes
in setbacks that were in the works. They decided to hold out until the regulations
came through. Along with the change to a standard five foot setback, there was a
height regulation change. He pointed out that per the history, there was one
2
request for a height variance, and it had passed since the change in the
regulations.
There have been other tall garages and RV structures put up before this height
regulation was adopted. One of these was four houses to the west at 2901
Walnut with a total height of 21 feet with the primary dwelling well under 18 feet.
He noted the case where the height variance was passed. The detached
structure was 30 foot wide with 16 foot sidewalls and a 4:12 pitched roof that
needed a four foot height variance.
The proposed structure he is presenting is 41 foot wide with a 3:12 pitched roof
that puts the total height of the structure at 25 ½ feet tall. He stated that if he
were to use a 9:12 pitch roof, it would put the height at 32 ½ feet tall which is
unappealing and inefficient in design.
There are a few reasons for the design of this structure. The number one reason
is visual appeal. The design presented to the board would eliminate a steel shed-
like or pole barn appearance. Adding a 4 foot sidewall height and lowering the
roof pitch would allow to have windows and balcony above the garage door.
Another reason for this design is standard new construction interior garage ceiling
height is 10 to 12 feet. He is using an 11 foot ceiling height which would allow for
useable space above the first floor. It would give the second story ceiling height 8
feet. The proposed structure would meet the requirement for the setbacks from
the property lines. To the north of this structure is a natural buffer of fifty to fifty-
five-foot pine trees. The adjacent property owners homes on Cottonwood; two to
the north and one to the south will not be affected since the total principle dwelling
height is above 32 feet for those homes. This structure will have visual
characteristics that will tie to the principle dwelling. He asked if there were any
questions for him. There were none at this time.
Monte Quick, property owner at 2707 Cottonwood Lane, came before the board
stating he was there to support the variance.
David Van Doren came before the board to state that he was familiar with the
description of the project and he is also familiar with the neighborhood’s protective
covenants that were put in place 60 years ago. As far as he can see, it does not
allow a commercial structure like this in this neighborhood. He thought it was
important that this be taken into account. He believes there will be some
neighborhood enforcement of the protective covenants. He asked for questions.
Curtis Deines asked Bud Dalton if he had any comments. Bud Dalton
answered that everything is clear. He understands exactly what is going on. He
was for the Neighborhood Protective Covenants. He stated that he thought it
would damage the neighborhood drastically to have metal buildings going up.
Jerry Sonntag asked the applicant to provide more detail what he is going to put
on this building and how it is going to look. He thought there may be some
confusion if it is a commercial building.
3
Jesse Zimmerman came before the board to clarify on the visual appeal that the
design presented is to get away from the steel structure of the building.
Jerry Sonntag asked if he looked into those Neighborhood Protective Covenants
that Mr. Van Doren was talking about.
Jesse Zimmerman answered that he was not aware of any covenants when he
purchased his home. It is not going to be a commercial building. It is a residential
building for personal use to house an RV and vehicles. He stated that this is a
private street that they take care of the street and repairs. He is not aware of any
covenants.
Lou Caplan asked if he had looked into a structure that would be twenty-one feet
in height that could possibly store your RV. Jesse Zimmerman answered that he
had looked into many designs to try to meet his needs and try to accommodate.
Other options would also require a variance.
The roof on his house has a 9:12 pitch. He noted the pictures of his house that
were presented in the presentation to show the top of the second story of the
house where the 9:12 pitch of roof had been eliminated to make it a flat roof. If
the 9:12 pitch roof would continue, it would add seven feet to the height of the
house which would easily accommodate the structure that he is asking for.
Brian Garrett asked the height of his RV. Mr. Zimmerman answered that it is just
under 13 feet. There would have to be a 14 foot garage door.
Jerry Sonntag asked Mr. Van Doren more about the Neighborhood Restrictive
Covenants if they would restrict a building like this. Mr. Van Doren explained the
neighborhood protective covenants were put in place for this development 60
years ago and still in effect. They are enforceable by the homeowners in the
development.
He read from the covenants: “No lot shall be used except for residential
purposes”. “No building shall be erected, altered, placed or permitted to remain
on any lot other than one detached single family dwelling.” There are other
stipulations as well.
Jerry Sonntag asked if the existing detached structure that he plans to remove
was not permitted per the covenants. Mr. Van Doren answered possibly. It does
match the house in design and materials.
Jerry Sonntag asked if there were any other homes with detached structures on
that street. Jesse Zimmerman answered that there were at least three.
John Bird, Attorney for the City of Hays, explained to the board that they could not
enforce the Restrictive Covenants; the enforcement is among the owners;
although they can be taken into account if they are a factor.
4
Jesse Zimmerman stated that this will not be a commercial structure; it is strictly
residential and will only house one detached structure since he will remove the
existing detached structure to replace with the new one.
Jesse Zimmerman suggested that he could drop the structure a foot; dropping the
8 foot ceiling height to 7 feet in the second story for one foot less in variance but
still have the use of the space.
Lou Caplan pointed out that without the second story, the structure could be built
to house the RV.
Jesse Zimmerman answered that with a 16 foot side wall, there would not be a
second story. With a 3:12 pitch, the height would still be at 22 feet which would
require him to have a variance. With a 9:12 pitch, the height would be 32 ½ feet.
If he eliminates the second story, he will still need a variance of a foot. He said
that is the reason why the owner of the property on Thunderbird Drive needed a
similar request as well.
Brian Garrett asked Mr. Zimmerman if he considered a 20 foot side wall with a
single slope roof. Mr. Zimmerman answered that is an idea; although back to
square one what is aesthetically visually appealing. He is trying to add some
depth and breakup garage doors. He believes the ordinance was put in place for
visual appeal. They have worked through many structural designs to try to
eliminate the shed like appearance.
Lou Caplan read a document from the Board of Zoning Appeals “Guide to
Members and the Public Factors to consider in reaching a Decision on a Variance
Request”. This included the five statutory requirements. If any one of the five
statutory requirements have not been met; the variance cannot be granted.
John Bird, City Attorney, stated that it would be helpful if they would ask the
property owner what the uniqueness of the property is that forces him to have to
ask for a variance and what would be the hardship of not granting the variance.
He stated that as he listens to this today, it occurred that what he is telling you is,
(maybe), that the hardship arises out of the RV purchase and not the property. It
would be helpful for Mr. Zimmerman to address the three points, the uniqueness
of the property, the hardship, and was his position created voluntarily by his
choice of vehicle that dictated the type of building to violate the zoning code. He
would like that in the record. He pointed out that they have heard from City Staff
that they do not believe this applies. The applicant has a right to provide
evidence.
Jesse Zimmerman stated that his property is a double lot size. Since the
regulations have changed for setbacks from 10% of the lot width to the standard
five foot setback, it allows the structure to be 11 feet closer to the property line.
The hardship is that the principal dwelling is a two story home, although a section
of it is a flat rubber roof. They did not continue the 9:12 pitched roof which could
easily be done at a later date to accommodate the height of the proposed
structure. They keep the RV at home in the driveway and it would help the visual
appeal if they could keep the RV and the vehicles in the structure.
5
John Bird stated that if he was asking questions, he would ask when they
purchased the RV and if he had considered buying a smaller RV so could
accommodate a building within the code and not ask for a variance.
Jesse Zimmerman answered that the average height of an RV is 11 to 13 feet
range. There is no way around it because they travel a lot. They purchased their
first RV in 2010 and replaced it in 2017; both in that height range.
He explained that another city has regulations that an RV cannot be visibly setting
on a property for more than two days. He wanted to get ahead of this situation
before Hays follows suit so he could house the RV in a detached structure on the
property.
Jerry Sonntag asked Curtis Deines if he added five foot to his roof if he could
build this structure without a variance. Curtis Deines answered yes that the height
of the structure could be the height of his house.
Lou Caplan asked for further questions. There were none.
Lou Caplan entertained a motion.
1st Motion failed due to lack of second to the motion:
Jerry Sonntag moved to grant the five foot (5’) variance in height for an accessory
structure, an increase from the allowable twenty-one feet (21’) to twenty-six (26’)
at 2901 Cottonwood Lane based on that it does meet the five statutory
requirements because it is a two story house that part of it is a flat roof.
Lou Caplan asked if he was going to add that the house has to be remodeled so
to meet the requirement.
Jerry Sonntag stated that it would be a moot point and we would not be talking
about this.
The motion died for lack of a second to the motion.
2nd Motion
Brian Garrett moved; Russell Koenigsman seconded the motion to disapprove the
requested variance for the height to exceed the primary dwelling by five feet (5’) to
build an accessory building at 2901 Cottonwood Lane based on not meeting the five
statutory requirements, particularly he did not believe the hardship was because of
the property, and he did not believe the property is unique since there are very
similar properties along the street.
Vote:
AYES: Lou Caplan, Rich Sieker, Brian Garrett, Russell Koenigsman
6
Nay: Jerry Sonntag
Jesse Rohr explained that any party on either side that are aggrieved by this
decision does have 30 days to appeal this case to the District Court per State
Statute.
4. NON-PUBLIC HEARING ITEMS: - None
5. OFF AGENDA ITEMS/COMMUNICATIONS: None
Curtis Deines stated there will be several cases next month.
6. ADJOURNMENT
Lou Caplan adjourned the meeting at 8:48 a.m.
Submitted by Linda K. Bixenman, Administrative Assistant
7
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City of Hays
Planning Inspection Enforcement
Board of Zoning Appeals Action Report
AGENDA ITEM: Special Use Permit Application
ADDRESS: 1515 W. 55th
OWNER: Ellis County
TYPE OF REVIEW: Special Use Permit for a Construction and Demolition
Landfill
PRESENTED BY: Curtis W. Deines, P.I.E. Superintendent
DATE PREPARED: February 16, 2021
AGENDA DATE: March 10, 2021
Summary
An application has been submitted by Ellis County for a special use request for a
construction and demolition landfill at 1515 W. 55th St. The current landfill is getting
close to capacity for construction and demolition debris and more land is needed to
continue the service. In September of 2020, the rezoning of this property to “P-I”
Public and Institutional District was approved. Staff feels that the request is
reasonable and will not have a detrimental effect on the surrounding properties.
Background
An application has been submitted by Ellis County for a special use request for a
construction and demolition landfill at 1515 W. 55th St. Ellis County has operated the
current landfill for many years and meets all KDHE requirements. The current landfill
is getting close to capacity for construction and demolition debris and more land is
needed to continue the service. Ellis County has purchased the property to the north
of the current landfill and would like to expand the location of the construction and
demolition area. In September of 2020, the rezoning of this property to “P-I” Public
and Institutional District was approved. Landfills are listed under “P-I” as a special
use and require notification to adjacent property owners, a public hearing, and
specific conditions to be met. Ellis County has agreed to meet the conditions required
in the UDC for a landfill.
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:
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.
Recommended Action
None at this time – Public Hearing for consideration of approval will occur on April 14,
2021.
Supporting Documentation
Special Use Permit Application
Statement of Justification from Owner
Maps of Area
Page 2
Located on 240th Ave North of W 55th
Subject Location
55th St
55th St
240th Ave
Subject Location
02-2021
01-26-2021
1 of 3
February 2, 2021
50.00
Linda Bixenman, Administrative Assistant
02-2021
01-26-2021
2 of 3 2021
February 2
50.00
Linda Bixenman, Adminstrative Assistant
02-2021
01-26-2021
3 of 3
February 2, 2021
50.00
Linda Bixenman, Administrative Assistant
Parcel Details for 026-134-17-0-00-00-002.00-0
Owner Information
Owner's Name KARLIN SUSAN M REV INTER VIVOS TR
(Primary):
Mailing Address: 1963A Emmeram Rd
Hays, KS 67601-9428
Owner's Name: ELLIS COUNTY BOARD OF COMMISSIONERS
Mailing Address: PO Box 720
Hays, KS 67601-0720
Owner's Name: KARLIN JOHN A REV INTER VIVOS TR
Mailing Address: 1963A Emmeram Rd
Hays, KS 67601-9428
Property Address
Address: 0 240th Ave
Hays, KS 67601
Neighborhood / Tract Information
Neighborhood: 049 - Rural
Tract: Section: 17 Township: 13 Range: 18
Tract Description: S17, T13, R18, ACRES 180.2, S2 NE4 & N2 SE4 & N 340(S) S2 SE4 LESS RD R/W
Acres: 180.20
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City of Hays
Planning Inspection Enforcement
Board of Zoning Appeals Action Report
AGENDA ITEM: Side Yard Variance Application #03-21
ADDRESS: 203 W. 37th Street
OWNER: Brian Ralph
TYPE OF REVIEW: Side Yard Setback Variance
PRESENTED BY: Curtis W. Deines, P. I. E. Superintendent
DATE PREPARED: February 23, 2021
MEETING DATE: March 10, 2021
Summary
The applicant is requesting a variance to reduce the east side yard setback for a
detached garage from the required 5ft. to 3 ft., a variance of 2 ft. to allow a more
adequate distance, 6ft., from an existing screened porch. Staff is in favor of this
variance request if the variance criteria can be met.
Background
The applicant is requesting a side yard variance:
o Side Yard – 5 ft. to 3 ft.
Setback Required Applicant Proposed
Front Yard N/A N/A
Interior Side Yard 5 ft 3 ft
Rear Yard N/A N/A
Other Structures 5 ft 6 ft
Applicant wishes to construct a new 18 ft. by 24 ft. detached garage in the
proposed location to allow for adequate distance from an existing screened
porch. There is a pool on the west portion of the backyard and deck that
extends from the house.
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
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 is not specifically unique to other lots in the area. Lot
is a typical lot for the block and is a standard shape and size. The lot does
have an inground pool on west side of the lot.
b. The granting of the variance will not adversely affect the rights of adjacent
property owners.
Staff Analysis: This request should not have an adverse effect of the
adjacent properties. 3 ft. allows separation between his proposed building and
fence separating the adjacent property.
c. The strict application of the code will constitute unnecessary hardship
upon the property owner.
Staff Analysis: The proposed area where the structure would be built is the
only area in the back yard where the structure could be built. Other locations
in the back yard are taken up by an in-ground pool, screened porch, and fire
pit area. Size may be adjusted to make the structure compliant with
separation between the house and side 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 should not adversely
affect the public health, safety, morals, order, convenience, prosperity, 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 a reduced side yard setback
does not oppose the general spirit and intent of the zoning regulations.
Recommended Action
None at this time – Public Hearing for consideration of approval will occur on April 14,
2021.
Supporting Documentation
Variance application
Variance justification and site drawing(s) from owner
Images/Maps/Photos
Page 3
West 37th St
03-2021
01-27-2021
Lot 8, Block 4
Skyline 5th Addition & Rep Blk 9
NC.2 Single Family
January 27, 2021
50.00
Linda K Bixenman, Administrative Assistant
Proposed
Structure
026-138-28-0-10-03-016.00-0
Owner Information
Owner's Name RALPH, BRIAN M & JACQUELINE L
(Primary):
Mailing Address: 203 W 37th St
Hays, KS 67601
Property Address
Address: 203 W 37th St
Hays, KS 67601
Neighborhood / Tract Information
Neighborhood: 014 - Hays Block: 04 Lot: 008
Tract: Section: 28 Township: 13 Range: 18
Tract Description: SKYLINE 5TH ADD & REP BLK 9 , BLOCK 04 , Lot 008 , SECTION 28 TOWNSHIP
13 RANGE 18
Acres: 0.00
Market Acres: 0.00
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City of Hays
Planning Inspection Enforcement
Board of Zoning Appeals Action Report
AGENDA ITEM: Sign Variance Application #04-21
ADDRESS: 1007 Vine Street
OWNER: BJ & Dena Rupp
TYPE OF REVIEW: Variance
PRESENTED BY: Curtis W. Deines, P. I. E. Superintendent
DATE PREPARED: February 15th, 2021
MEETING DATE: March 10th, 2021
Summary
The applicants are requesting a variance to be able to place a new sign on the north
side of the building and a new sign on the south side of the building. Current zoning
only allows signage on a building in an I-1 Light Industrial district to be placed on the
front façade of the building. The applicants wish to make sure customers have
visibility of their business from both northbound and southbound Vine St. Staff
supports approving the variance.
Background
The applicants have recently opened a new business at 1007 Vine St in Hays. The
property is zoned I-1 Light Industrial and sign regulations only allow signs on the front
façade of the building. The applicants would like to place one painted sign on the
north side and one painted sign on the south side for visibility to northbound and
southbound Vine St. Previous tenants of the building have had signs on the north
and south side of the building. The applicants have been approved for a sign on the
front facade of the building. The sign on the front will be a painted sign like the
proposed signs for the north and south side.
Current regulation for attached wall signs for an I-1 Light Industrial District:
o 1 per storefront façade or tenant
o Aggregate (total) sign area of 2 sf. per linear ft. of façade width, or 200
sf., whichever is less.
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: There is nothing unique specifically about the lot as the other
lots in the area are similar. The uses in this area are typical for C-2
Commercial General or I-1 Light Industrial. I-1 is more restrictive on sign
regulations. Previous tenants of the building were approved via permits for
signs on the north side of the building, prior to current UDC regulations.
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 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: Only having a sign on the front does limit visibility of potential
customers that would not normally see it until they were past the location.
Previous tenants of the building were approved via permits for signs on the
north side of the building.
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: Granting the variance request will not be oppose the general
spirit and intent of the regulations.
Recommended Action
None at this time – Public Hearing for consideration of approval will occur on April 14,
2021.
Supporting Documentation
Variance application
Variance justification and site drawing(s) from owner
Images/Maps/Photos
Page 3
Applicant
Doerfler Investments LLC - Owner
Hays, Kansas 67601
Lots 16, 18, 20, 22, 24,
26, 28 & W 16 feet Lot 30, Block 6, Cochran Addition to the City of Hays, Kansas.
Doerfler
Proposed Sign Location
Proposed Sign Location
Parcel Details for 026-182-04-0-10-10-001.00-0
Owner Information
Owner's Name DOERFLER INVESTMENTS LLC
(Primary):
Mailing Address: 1102 Oakmont St
Hays, KS 67601
Property Address
Address: 1007 Vine St
Hays, KS 67601
Neighborhood / Tract Information
Neighborhood: 512 - Hays Block: 06
Tract: Section: 04 Township: 14 Range: 18
Tract Description: COCHRAN ADDITION , BLOCK 06 , LOTS 16 18 20 22 24 26 28 & W 16 LOT 30
SECTION 04 TOWNSHIP 14 RANGE 18
Acres: 0.39
Market Acres: 0.39
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