Board of Zoning Appeals (BZA)

MINUTES OF THE BOARD OF ZONING APPEALS October 25, 2023 The Board of Zoning Appeals (“Board”) of the City of Mission Hills, Kansas, convened for a meeting on October 25, 2023 at 9:00 a.m. at Mission Hills City Hall, 6300 State Line Road, Mission Hills, Kansas. PRESIDING: Casey Halsey PRESENT: Judy Moore, Mark Eisemann, Kent Barnow and Gabe Beam ABSENT: None ALSO PRESENT: Anna Krstulic, City Attorney; Jennifer Lee, City Administrator; Todd Ault, City Architect; Jennifer Winfrey, Deputy City Clerk; Pete Heaven, BZA Attorney; and Barbara Nelson, City Council Liaison VISITORS: Prentice Hanes Mr. Halsey called the meeting to order at 9:00 a.m. APPROVAL OF MINUTES Ms. Moore moved to approve the minutes of the September 27, 2023 meeting. Ms. Beam seconded. Approved 5-0. APPROVAL OF RESOLUTIONS Ms. Beam moved to approve the resolution granting Lauren and Brennan Burns a variance to replace an existing patio. Mr. Barnow seconded. Approved 5-0. Prentice & Lyndse Hanes Appeal of the City Administrator’s issuance of 6300 Belinder Ave a compliance order requiring the relocation of a fence Mr. Halsey stated that this matter is an appeal of the issuance of a compliance order issued by the City Administrator on August 8, 2023 requiring the relocation of a fence to the platted set back line; the fence is currently approximately 16.5 feet north of the set back line. The appeal was filed by Mr. Hanes on September 8, 2023. Mr. Hanes was asked to come forward to state his appeal. Mr. Halsey asked Mr. Hanes to first tell the Board exactly what is being appealed, as the appeal form filed is not clear. Mr. Hanes responded that he is appealing the decision of the Board in November of 2022 denying him a 1 requested 16.5 foot variance from the set back line for his fence. Mr. Halsey asked if he was appealing any other matters and Mr. Hanes said no. Mr. Halsey asked Mr. Hanes if he knew he had not filed his appeal within the required 30 days, as set forth in the August 8, 2023 compliance letter, and Mr. Hanes nodded affirmatively. Mr. Halsey then read portions of a “Summary of Appeal”, which outlined the history of the fence and Mr. Hanes’ efforts to gain approval of its location. A copy of the document was provided to Mr. Hanes (the summary contains a typographical error in the second to the last paragraph on page 1 – October 26, 2023 should be October 26, 2022, which was corrected on the record). Mr. Halsey stated his belief that the Board has no jurisdiction to hear this appeal, as it is an appeal from a BZA decision rendered on November 30, 2022 denying a variance; any appeal of that decision should have been filed in the District Court of Johnson County, Kansas, as the BZA has no authority to hear appeals from its own decisions. The compliance order issued on September 8, 2023 was to enforce the decision of the BZA of November 30, 2022 and was not an independent decision on the location of the fence. Mr. Barnow asked City Administrator Jennifer Lee what could happen if the appeal is denied; Ms. Lee responded that the matter could be referred to Municipal Court. After discussion, Ms. Beam moved to deny the appeal on the basis that the BZA lacks jurisdiction to hear it; Mr. Barnow seconded the motion. The motion passed unanimously. Counsel for the BZA was instructed to prepare a Resolution reflecting the proceedings and stating that the decision of the BZA would be effective this day. The Resolution shall be submitted to the Chairman for immediate signature. Upon motion, duly passed, the meeting was adjourned at 9:45 a.m. /s/Jennifer Winfrey Deputy City Clerk 2