Board of Zoning Appeals

HAYS AREA BOARD OF ZONING APPEALS MEETING AGENDA CITY COMMISSION CHAMBERS 1507 MAIN, HAYS, KS WEDNESDAY, OCTOBER 13, 2021 8:15 A.M. 1. CALL TO ORDER BY CHAIRMAN. 2. CONSENT AGENDA. A. Minutes of the regular meeting of September 8, 2021. Action: Consider approving the minutes of the September 8, 2021, regular meeting. 3. PUBLIC HEARING ITEMS. A. Public Hearing for Wes Rathbun of Rathbun Enterprises, LLC for a variance request to increase the allowed area of painted wall signage from 32 sq. ft. to 75 sq. ft., an increase of 43 sq. ft. on the building at 109 W. 7th, Hays, KS. Action: Consider approving the variance request to increase the allowed area of painted wall signage by 43 sq. ft. B. Public Hearing for Thomas & Christine Wasinger for a 7-foot variance to reduce the west side yard building setback from 7 feet to 0 feet for a carport at 302 E. 24th Street, Hays, KS. C. Action: Consider the 7-foot west side yard setback variance request. 4. NON-PUBLIC HEARING ITEMS. None 5. OFF-AGENDA ITEMS/COMMUNICATIONS. None 6. ADJOURNMENT. Any person with a disability and needing special accommodations to attend this meeting should contact the Planning, Inspection and Enforcement office (785-628-7310) 48 hours prior to the scheduled meeting.  DRAFT MINUTES HAYS AREA BOARD OF ZONING APPEALS COMMISSION CHAMBERS IN CITY HALL SEPTEMBER 8, 2021 1. CALL TO ORDER: The Hays Area Board of Zoning Appeals met for the regularly scheduled meeting on Wednesday, September 8, 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, Russell Koenigsman Absent: Rich Sieker and Brian Garrett City Staff in attendance: Jesse Rohr, Director of Public Works, Curtis Deines, Superintendent of Planning, Inspection, and Enforcement, Toby Dougherty, City Manager, Collin Bielser, Assistant City Manager, Kate Armstrong, Inspector. 2. CONSENT AGENDA: A. MINUTES: Jerry Sonntag moved; Rich Sieker seconded the motion to approve the minutes as submitted from the August 11, 2021, meeting. Vote: AYES: Lou Caplan, Jerry Sonntag, Russell Koenigsman 3. PUBLIC HEARING ITEMS: A. Public Hearing request by Dwight and Michelle Wagoner for a 3½ foot variance to reduce the south side yard building setback from the required 7 feet to 3½ feet to construct a carport at 2918 Barclay Drive, Hays, KS. Curtis Deines provided a PowerPoint presentation of the applicant’s request for a 3 ½ foot variance to reduce the south side yard building setback from the required 7 feet to 3 ½ feet to construct a 38 ft. by 16 ft. lean-to-cover to provide shelter for vehicles at 2918 Barclay Drive, Hays, KS. He pointed out the location. The carport’s south side wall would remain open, while a portion of the east side will have a wall with storage and help block the snow and weather inside the shelter. The applicant’s house is 18 feet 3 inches from the property line. If the structure was built to the setback of 7 feet, the structure would be too narrow for any type of wider vehicle. Curtis Deines explained the statutory requirements associated with this case. History: There have been six side yard variance requests since 2017. The requests vary from a reduction of 5 ft., all the way to the property line. Three feet from the side yard property line is the most common request. 1  He provided the options for a motion. Staff’s recommendation is to approve the variance as requested. Jerry Sonntag asked if any part of this structure would be closed in. The applicant, Dwight Wagoner, answered that the back side of the carport would be closed in. Lou Caplan asked if the roof line extended past the posts like the diagram presented at the meeting. Curtis Deines answered that on the original design it would allow for some eave. The diagram presented was not to scale. Lou Caplan entertained a motion. Jerry Sonntag made the motion and Russell Koenigsman seconded the motion to grant the 3½ foot south side yard variance to reduce the south side yard building setback from the required 7 ft. to 3½ ft. for construction of a lean-to-cover for the property at 2918 Barclay, with the condition that no other sides beside the back is closed in ever, based on the consideration it does meet the five statutory requirements. Vote: AYES: Lou Caplan, Jerry Sonntag, Russell Koenigsman 4. NON-PUBLIC HEARING ITEMS: A. Request for a Public Hearing by Wes Rathbun for a variance for a wall sign to be over the allowed square footage at 109 W 7th Street. Curtis Deines provided a PowerPoint presentation of the applicant’s request for a variance to increase the allowed area of painted wall signage from the allowed 32 square feet to 75 sq. ft., an increase of 43 sq. ft. at 109 W. 7th Street. This would allow the painted wall sign to be included with the aggregate total of the other signs on the building. It was noted the property has changed ownership. A new business will be going in. It was formerly known as the “Wild Rose”. He provided a picture of the proposed signs; one would be part of a mural on the south side of the building. He explained the regulation for permanent signs within a “C-3” Central Business District. It allows an unlimited number of signs with an area aggregate total of up to 32 square feet. This is a large building that was built in 1953. It is not listed in the Chestnut Historical District, although it is required to follow the limited sign regulations of the “C-3” Zoning District. It has a large area with multiple walls that could be used for signage. The original use was a grocery store before being split into two spaces for a restaurant and bar. 2 Staff is currently working on taking a proposal forward to change the wall sign regulations, particularly the painted wall signs, to possibly make them unlimited in size. Curtis Deines explained the five statutory requirements associated with this case. History: He explained about two cases that were granted a sign variance. The public hearing will be held October 13, 2021. He asked for questions. Russell Koenigsman asked if there were going to be three signs: two on the front and one on the back. Curtis Deines answered that is what is proposed. It is total aggregate of all the signs. The signs that are painted are unique because they can be placed anywhere because no structural component is needed. Jerry Sonntag noted that on the south side the sign would be a large mural. He asked if they were measuring off the advertising sign within the mural. Curtis Deines answered that was correct. B. Request for a Public Hearing by Thomas & Christine Wasinger for a 7-foot variance to reduce the side yard building setback from the required 7 feet to 0 feet at 302 E. 24th Street, Hays, Kansas. Curtis Deines provided a PowerPoint presentation of the applicant’s request for a 7-foot variance to reduce the west side yard building setback of a residential property from 7 feet to 0 feet for a lean-to-structure (carport) that is already constructed onto the residence at 302 E. 24th Street. The applicant was not aware of the permitting requirement before the structure was built without a permit. The applicant is requesting a variance, hoping to keep the structure. He showed a picture of the structure. The structure is open to the west with supporting columns placed on the property line. The lot size is a 50’ by 125’ lot that is common in this neighborhood. The applicant referred to medical conditions that limit the applicant’s mobility. The lean-to allows the applicant to go a short distance and protects the vehicle from ice and snow when they need to access the vehicle. Curtis Deines explained the five statutory requirements associated with this case. Staff is not in favor of the 0-foot setback request for the structure. History: Since 2017, there have been 6 cases to reduce the side yard building setback. A majority have been approved for 3 feet or more from the property line depending on circumstances. He asked for questions. 3  Jerry Sonntag asked the applicant who built the structure. Tom Wasinger, the applicant, answered that he had some friends construct it for them. He asked the applicant the measurement from the house to the supporting posts asking for the width. Tom Wasinger answered that it was not quite 8 ft. Curtis Deines added that there is not much room and not much of an overhang. Jerry Sonntag requested the exact measurement from the house to the post for the next meeting. The public hearing will be held October 13, 2021. 5. OFF AGENDA ITEMS/COMMUNICATIONS: A. None 6. ADJOURNMENT Lou Caplan adjourned the meeting. Submitted by Linda K. Bixenman, Administrative Assistant 4 THIS PAGE INTENTIONALLY LEFT BLANK  City of Hays Planning Inspection Enforcement Board of Zoning Appeals Action Report AGENDA ITEM: Sign Variance Application #09-21 ADDRESS: 109 W. 7th OWNER: Wes Rathbun of Rathbun Enterprises LLC TYPE OF REVIEW: Variance for Wall Sign PRESENTED BY: Curtis W. Deines, P. I. E. Superintendent DATE PREPARED: September 16, 2021 MEETING DATE: October 13, 2021 Summary An application for a variance has been submitted for the property at 109 W. 7th St. The variance as submitted is to increase the allowed area of painted wall signage from 32 sq. ft. to 75 sq. ft., an increase of 43 sq. ft. 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 inside 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 variance to increase the maximum sign area from 32 sq. ft. to 75 sq. ft. for a painted wall sign. Table 7.2.201B shows the regulation for permanent wall signs within a C-3 District. This regulation allows an unlimited number of signs with an aggregate total of up to 32 sq. ft. One of the proposed signs will be included as part of a mural on the south side of the building. 109 W. 7th is a large building and has a large area with multiple walls that could be used for signage. Original use was a grocery store before being split into 2 spaces for a restaurant and bar. Table 7.2.201B Wall Sign Allowed Number Allowed No minimum; Subject to maximum sign area Maximum Sign Area Aggregate (total) sign area of 32 sf.  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 1953 and is not listed within the Chestnut Street Historic District. This building does not follow the same character of the Main Street buildings, and the property and building are larger than a typical Main Street building. The building’s original use was a grocery store. b. The granting of the variance will not adversely affect the rights of adjacent property owners. Staff Analysis: This request will have very 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.  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 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. Furthermore, a proposed UDC regulation change will soon be going forward for consideration to remove restrictions entirely for painted wall signs. Options: • Approve variance request • Approve variance with conditions • Disapprove variance as submitted Recommendation Action Motion to approve the variance to increase the allowed area of painted wall signage from 32 sq. ft. to 75 sq. ft., an increase of 43 sq. ft. on the subject building at 109 W. 7th Street. Supporting Documentation Variance application Variance justification and site drawing(s) from owner Images/Maps/Photos  Page 3  09-2021 08-10-2021 Rathbun Enterprises LLC Same Address to increase the amount of aggregate wall signage from 32 sq. ft. maximum up to 75 sq. ft. for 3 different painted on signs on the west and south walls of the building an increase of 43 sq. ft. Parcel is 111 W 7th C-3 Central Business District Rathbun Enterprises LLC 08-10-2021 $50.00 Linda Bixenman, Administrative Assistant 109 W. 7th Located in South Hays 109 W 7th Property  South Wall Looking North East toward the entrance Image of signage on south wall West Wall looking at the entrance Published on the City of Hays Web Page – September 9th, 2021, to September 30, 2021 BEFORE THE HAYS AREA BOARD OF ZONING APPEALS THE CITY OF HAYS, KANSAS NOTICE TO: Wes Rathbun of Rathbun Enterprises LLC The Hays Area Board of Zoning Appeals 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 Wes Rathbun of Rathbun Enterprises LLC. The subject of the hearing shall be a request by Wes Rathbun of Rathbun Enterprises LLC to increase the allowed area of painted wall signage from 32 sq ft to 75 sq ft, an increase of 43 sq ft at the property of Lots 1, 3, 5, 7, 9, 11 & 13, Block 7, H P Wilson Addition, generally known as 109 W. 7th Street (Parcel 111 W. 7th) Hays, Kansas. You are hereby notified that a hearing will be had upon said appeal on the 13th day of October 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: Setback Variance Application #10-21 ADDRESS: 302 E. 24th OWNER: Thomas & Christine Wasinger TYPE OF REVIEW: Variance PRESENTED BY: Curtis W. Deines, P. I. E. Superintendent DATE PREPARED: September 16, 2021 MEETING DATE: October 13, 2021 Summary The applicant is requesting a variance to reduce the west side yard setback of a residential property from 7 ft. to 0 ft., a variance of 7 ft. The purpose of the variance is for approval for a lean-to structure that is already constructed onto the residence at 302 E. 24th. No permit was obtained prior to the lean-to roof structure being built. Staff is not in favor of this request based on the 0 ft. setback of the structure. Background • The applicant is requesting a variance on one side: o West Street Side – 7’ to 0’ Setback Required Applicant Proposed Front Yard N/A N/A Side Yard 7’ 0’ Rear Yard N/A N/A Other Structures N/A N/A • Applicant was apparently not aware of permitting requirements; therefore, the structure was built without a permit. The applicant is requesting a variance, hoping to keep the structure. • The structure is open to the west with supporting columns placed on the property line.  • The application referred to medical conditions that limit the applicant’s mobility. This lean-to allows for the applicant to only go a short distance, and protects the vehicle from ice and snow. 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 is a 50 ft x 125 ft. lot that is common in this neighborhood. The only uniqueness is that the house does not have an attached garage and due to the house location on the lot, an attached garage would not fit beside the house. 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 some limited effect on the adjacent property as the structure would be located at the property line. c. The strict application of the code will constitute unnecessary hardship upon the property owner Staff Analysis: This is a self-imposed hardship. No permit was obtained prior to construction and staff would have been able to give guidance on the location of the structure had a permit been inquired about prior to construction. 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 adversely affect the public health, safety, morals, order, convenience, propriety, or general welfare. Historically, structures have not been allowed to be placed on the property line. 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 side yard setback does oppose the general spirit and intent of the zoning regulations. Allowing structures on the property line increases the risk of fires spreading to neighboring properties and goes against separation of structures from the property line. Options: • Disapprove variance as submitted. • Approve variance with conditions • Approve variance request. Recommended Action Staff does not support this request do the extreme nature of the zero-foot setback request. Supporting Documentation Variance application Variance justification and site drawing(s) from owner Images/Maps/Photos  Page 3  Central Hays 27th St 22nd Vine Property Location Structure Location 11 ft 9 inches  10-2021 08-25-2021 Owner August 25, 2021 Linda K Bixenman, Administrative Assistant Published on the City of Hays Web Page – September 9th, 2021 to September 30, 2021 BEFORE THE HAYS AREA BOARD OF ZONING APPEALS THE CITY OF HAYS, KANSAS NOTICE TO: Thomas R & Christine F Wasinger The Hays Area Board of Zoning Appeals 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 Thomas R. & Christine F. Wasinger. The subject of the hearing shall be a request by Thomas R & Christine F Wasinger for a seven foot (7’) variance reduce the side yard building setback from the required seven feet (7’) to zero feet (0’) to construct an open lean-to carport at Lot 4, Block 6, Northeast Addition Ellis County Kansas generally known as 302 E. 24th Street, Hays, KS. You are hereby notified that a hearing will be had upon said appeal on the 13th day of October 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