Board of Zoning Appeals

HAYS AREA BOARD OF ZONING APPEALS MEETING AGENDA CITY COMMISSION CHAMBERS 1507 MAIN, HAYS, KS WEDNESDAY, May 12, 2021 8:15 A.M. A. CALL TO ORDER BY CHAIRMAN. B. CONSENT AGENDA. A. Minutes of the regular meeting of April 14, 2021. Action: Consider approving the minutes of the April 14, 2021 regular meeting. C. PUBLIC HEARING ITEMS. A. Public Hearing request by Werth Rentals, LLC for a variance in setbacks and total square feet for an off-premise billboard sign at 1007 E. 37th St, Hays, KS. Action: Consider approving the variance in setbacks and total square feet for an off-premise billboard sign at 1007 E. 37th Street. D. NON-PUBLIC HEARING ITEMS. A. Request for Public Hearing by Jeremy Hale for a 6 foot variance to reduce the rear yard building setback from 25 feet to 19 feet at 4403 Tam Court, Hays, KS. 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 APRIL 14, 2021 1. CALL TO ORDER: The Hays Area Board of Zoning Appeals met for the regularly scheduled meeting on Wednesday, April 14, 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, Russell Koenigsman Absent: Brian Garrett City Staff in attendance: Curtis Deines, Superintendent of Planning, Inspection, and Enforcement, and Linda Bixenman, Administrative Assistant. 2. CONSENT AGENDA: A. MINUTES: Rich Sieker moved; Jerry Sonntag seconded the motion to approve the minutes as submitted from the March 10, 2021 meeting. Vote: AYES: Lou Caplan, Jerry Sonntag, Rich Sieker, Russell Koenigsman 3. PUBLIC HEARING ITEMS: A. Public Hearing by Ellis County for a special use permit for a construction and demolition landfill within the “P-I” Public and Institutional Zoning District on the property at 55th and 240th Avenue located at 1515 W. 55th Street. Curtis Deines provided a PowerPoint presentation for the request by Ellis County for a special use permit to allow a construction and demolition landfill within a “P-I” Public and Institutional Zoning District on the subject property. The property is within the 3-mile extraterritorial jurisdiction located north of the current landfill and will become an extension of the existing landfill. The property was rezoned from “A-G” Agriculture to “P-I” Public and Institutional Zoning District in September of 2020. He pointed to the property on the map to show there are many acres associated with this property for the proposed use. He read the compatibility standards of the special conditions the applicants would have to meet for this to be approved. Ellis County has agreed to meet the standards as requested. He explained the design standards that include the buffer yard, a truck routing plan and that the landfill does not modify the flow of major natural drainage. Because it is a construction and demolition landfill, there is no contamination of trash. The landfill would have to comply with the City, State and Federal codes 1 and statutes. No facility is to present a hazard to surrounding residents or properties. He provided the options. He provided the recommendation action. He asked for any questions. There were none. Jerry Sonntag moved, Russell Koenigsman seconded the motion to grant the Special Use Permit request as submitted for a construction and demolition landfill within a “P-I” Public and Institutional Zoning District on the subject property due to the type and character of existing or authorized improvements and land use adjacent to this location. Vote: AYES: Lou Caplan, Jerry Sonntag, Rich Sieker, Russell Koenigsman B. 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. Curtis Deines provided a PowerPoint presentation for the request by the applicant for a two foot (2’) variance to construct a detached garage to reduce the east side yard building setback from the required five feet (5’) to three feet (3’) to allow a more adequate distance of six feet (6’) from an existing enclosed porch. He showed the site plan and the chart listing the required setback to the proposed setback. He explained the information on the five statutory requirements associated with this request. History The side yard variance is the most common variance request. Since the 2016 UDC update, there have been 4 other similar cases. Three of the four were approved as submitted and the other was adjusted to a lesser variance. He provided the options. He provided the recommendation action not to approve this variance due to it not meeting the uniqueness and hardship statutory requirements for a variance. He asked for any questions. Russell Koenigsman asked if the building could be moved over one foot. Curtis Deines answered that the minimum separation between structures is required to be five feet; although the applicant proposed a six foot separation. He asked for the applicant to comment. 2 Brian Ralph, owner and applicant, answered that the side yard space next to the fence is better put to use for living space than having it as dead space. He would have more room to move his lawnmower into the garden shed and more room around the corner of the proposed garage. His neighbor has two sheds on the other side of the fence. Lou Caplan noted that it would work to move the garage over one foot, and it would not be a hardship. Brian Ralph answered that he could move it over; he was just trying to get the best use of space. Russell Koenigsman asked if the proposed garage will be a standard size garage. Curtis Deines answered that the proposed size is 18 feet by 24 feet (single car garage). Lou Caplan stated that he would be willing to grant a one foot variance if the garage was built one foot closer to the house. Russell Koenigsman asked if they had an example of that. Curtis Deines answered that it depends on each situation. The board has the right to look at this and talk about an adjustment. Brian Ralph asked for clarification why the four foot side yard setback rather than the three foot setback. Jerry Sonntag explained the setback and separation requirements. He explained that the request must satisfy the five statutory requirements, this request does not meet “hardship”. If he moved it over one foot, he would only need one foot variance and would not have to change the width of the garage. He pointed out that before the update of the regulations the required setback would have been seven feet. Curtis Deines explained the reason for the setbacks is separation between structures for fire protection and room to fight a fire. Russell Koenigsman moved, Rich Sieker seconded the motion to grant a one foot (1’) variance to the east side yard building setback from the required five feet (5’) to four feet (4’) to construct a detached garage at 203 W. 37th Street based on the consideration it meets the five statutory requirements. Vote: AYES: Lou Caplan, Jerry Sonntag, Rich Sieker, Russell Koenigsman Curtis Deines acknowledged to Brian Ralph to stop by the office to get started on the permit. C. 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. Curtis Deines provided a PowerPoint presentation for the request by the applicants that have recently opened a new business at 1007 Vine Street, for a sign variance to paint the same sign on the north side and south side of the 3  building like is on the front façade for visibility to northbound and southbound Vine Street. He showed the zoning map to point out the location of the property is in a “I-1” Light Industrial Zoning District where sign regulations only allow a sign on the front façade of the building. Previous tenants have had signs on the north and south side of the building that have been removed. He showed what the proposed signs would look like on the side of the building. He read the current sign regulations within a “I-1” Zoned District. History In 2019, a sign variance was approved at 810 E. 11th Street just behind this business. He provided an update on the “Gella’s” off-premises sign on the side of the building. It is 5½ feet by 14 feet for a total of 77 square feet. The proposed signs would both be under the 200 square feet maximum. An off-premises sign is allowed in the “I-1” Light Industrial Zoning District. He provided the options. He provided the recommended action for a motion to approve the variance for signage on the north and south sides of the building as required. He asked if there were any questions. There were none. Lou Caplan entertained a motion. Rich Sieker moved, Jerry Sonntag seconded the motion to grant the variance for signage on the north and south sides of the building at 1007 Vine Street as requested. Vote: AYES: Lou Caplan, Jerry Sonntag, Rich Sieker, Russell Koenigsman 4. NON-PUBLIC HEARING ITEMS: A. Request for Public Hearing by Werth Rentals, LLC for a variance in setbacks and total square feet for an off-premises sign at 1007 E. 37th Street. Curtis Deines provided a PowerPoint presentation about the applicant’s request for a variance in setbacks and total square feet of an off-premise billboard sign at 1007 E. 37th Street. He showed the current regulations that the interior side needs to be a 10 foot setback with a request for 2 feet and the rear yard is to be 25 feet, with a request for 7 feet. In 2005, a 300 square foot sign was placed in this location. It met all requirements prior to the 2016 UDC update. In August 2020, the majority of the pole and sign 4  were removed, although the base still exists. He showed an outline of the property where the sign is placed and a picture of the base and a picture of the former sign. It is located 7 feet from the north property line and 2 feet from the west property line. The owner of the property would like to go back with a sign of similar size and height and utilize the existing base. KDOT reviews all off-premises signs advertising along major highways and has preliminarily approved the sign upon approval from the City of Hays. History Since the 2016 Unified Development Code update, there have been no other requests for this type of off-premise sign variance request. A public hearing will be set for May 12, 2021. He asked for any questions. Lou Caplan asked if the pole base was still there. Curtis Deines pointed to the visual to show that the pole is still there. Rich Sieker asked if the base was in good shape. Andy Werth, applicant, and owner, of the property answered that he had it inspected and that the base was in good shape. He has a cap on top, so water does not go down in it. The former sign was heavy and used to rotate is why such a large pole. KDOT directed him to the City for approval. 5. OFF AGENDA ITEMS/COMMUNICATIONS: None 6. ADJOURNMENT Lou Caplan adjourned the meeting at 8:37 a.m. Submitted by Linda K. Bixenman, Administrative Assistant 5 THIS PAGE INTENTIONALLY LEFT BLANK  City of Hays Planning Inspection Enforcement Board of Zoning Appeals Action Report AGENDA ITEM: Sign Variance Application #05-21 ADDRESS: 1007 E. 37th St. OWNER: Werth Rentals – Andy Werth TYPE OF REVIEW: Variance PRESENTED BY: Curtis W. Deines, P. I. E. Superintendent DATE PREPARED: April 27, 2021 MEETING DATE: May 12, 2021 Summary The applicant is requesting a variance in setbacks and total square feet for an off- premise billboard sign at 1007 E. 37th Street. The previous sign met all requirements for a sign to be placed at this location. The owner of the property would like to go back with a similar size of sign and utilize the existing base. Staff recommends approval of a variance for the increase in size from 200 sq. ft. to 300 sq. ft and a reduction in setbacks for the side and rear yard as requested by the applicant. Background The applicant is requesting a variance in setbacks and total square feet of an off- premise billboard sign at 1007 E. 37th Street. In 2005, a 300 sq. ft. sign was placed in this location. The previous sign met all requirements for a sign to be placed at this location prior to the 2016 UDC update. In August of 2020, the majority of the pole and sign were removed. The base still exists as shown in the visuals provided. The base is located 7 ft. from the north property line and 2 ft. from the west property line. The owner of the property would like to go back with a similar size of sign and utilize the existing base. KDOT reviews all off-premise advertising along major highways and has preliminarily approved the sign upon approval from the City of Hays. Staff is in favor of this request to approve the variance as requested for setbacks and increase in size. Setback Required Applicant Proposed Front Yard N/A N/A Interior Side Yard 10 ft 2 ft Rear Yard 25 ft 7 ft  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 may be considered small for a light industrial use. It is located adjacent to I-70 and any sign installation is subject to City and KDOT requirements. 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 including KDOT as the sign was previously approved for this location. c. The strict application of the code will constitute unnecessary hardship upon the property owner. Staff Analysis: A new sign could be placed within the setbacks of the regulations. Not being able to utilize an existing structure with no past history of issues is the hardship. d. The variance will not adversely affect the public health, safety, morals, order, convenience, propriety, or general welfare  Page 2  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 oppose the general spirit and intent of the regulations. Staff Analysis: Granting the variance request will not be opposed to the general spirit and intent of the regulations. Options  Approve the variance as requested  Approve the variance with conditions  Do not approve the variance Recommended Action Motion to approve a variance for the sign located at 1007 E. 37th St. for an increase in size from 200 sq. ft. to 300 sq. ft. and a reduction in setbacks for the side and rear yard as requested by the applicant. Supporting Documentation Variance application Variance justification and site drawing(s) from owner Images/Maps/Photos  Page 3  Off-Premise The variance is requested for an Signin height from 30 ft. to 35 ft., an increase in area increase from 200 sq. ft. to 300 sq ft., a reduction in side yard setback from 10 ft. to 2 ft., and a reduction in rear yard setback from 25 ft. to 7. Ft on an existing sign base. Lot 2 & all vacated alley N of Lot 2, George Addition to the City of Hays, KS Sign Base Location 25 Ft Rear 10 Ft. Side Yellow Dashed line indicates Setbacks  10 X 30 Previous Sign 35 Ft. Tall 2 ft. from West property line 7 ft. from the North property line  BEFORE THE HAYS AREA BOARD OF ZONING APPEALS THE CITY OF HAYS, KANSAS NOTICE TO: Werth Rentals, LLC (Andy Werth) 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 Werth Rentals, LLC (Andy Werth). The subject of the hearing shall be a request by Werth Rentals, LLC (Andy Werth) for a variance in setbacks and size of an off-premise billboard sign in the “I-1” Light Industrial Zoned District on the property located on Lot 2 & all vacated alley N of Lot 2, George Addition, more generally known as 1007 E 37th Street, Hays, KS. You are hereby notified that a hearing will be had upon said appeal on the 12th day of May 2021 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: Rear Yard Variance Application #07-21 ADDRESS: 4403 Tam Court OWNER: Jeremy Hale TYPE OF REVIEW: Rear Yard Setback Variance PRESENTED BY: Curtis W. Deines, P. I. E. Superintendent DATE PREPARED: April 27, 2021 MEETING DATE: May 12, 2021 Summary The applicant is requesting a variance to reduce the rear yard setback for the primary dwelling at 4403 Tam Court. The applicant purchased the lot many years ago and designed a house with the previous regulations in mind. Staff will initiate the process for a Public Hearing for the June 9, 2021 BZA meeting to consider this request. Background  The applicant is requesting a rear yard variance: o Rear Yard – 25 ft. to 19 ft. Setback Required Applicant Proposed Front Yard N/A N/A Interior Side Yard N/A N/A Rear Yard 25 19 Other Structures N/A N/A  Applicant wishes to construct a new home at 4403 Tam Court. The applicant purchased the lot many years ago and has had a house designed prior to the adoption of the 2016 regulation change.  Previous regulation allowed the rear setback to be 25 ft. or 20% of the depth of the lot, whichever is less. The lots on adjacent streets including Newton Circle average a depth of 111 ft. (20% = 22.2 ft.) and Larned Circle where lots average 115 ft. (20% = 23 ft.)  By averaging the North and South property line for the subject property at 4403 Tam Ct, 20% of the depth would be 19.6 ft. for a rear setback. 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 located at the corner of 45th & Tam Court is unique in how it is shaped with angles and curves. This is the most unique lot within the plat when it was developed. 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. For many years, prior to adoption of the UDC in 2016, a setback less than 25 ft. when lots are less than 125 ft. in depth was allowed. Many homes in the area have less than 25 ft. for a rear setback. c. The strict application of the code will constitute unnecessary hardship upon the property owner. Staff Analysis: The owner bought the lot and designed a house with the previous regulations in mind. The new regulations change the buildable area of the lot for the dwelling by nearly 6 ft. Previous regulation allowed for less than 25 ft. due to a narrower lot. d. The variance will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare  Page 2  Staff Analysis: If granted as proposed, this variance should not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. e. The granting of the variance desired will not oppose the general spirit and intent of the regulations. Staff Analysis: The granting of a variance for a reduced rear 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 June 9, 2021. Supporting Documentation Variance application Variance justification and site drawing(s) from owner Images/Maps/Photos  Page 3  07-2021 04-22-2021 ---- ----- ----- ----- 04-22-2021 50.00 Linda Bixenman, Administrative Assistant  Subject Property 4403  Golden Belt Estates 4th Addition Subject Property Typical lot depth if 115 ft Typical lot depth is 111 ft.