District 3 Advisory Board
Regular MeetingWichita, KS · January 6, 2021
Minutes
District 3 Advisory Board Minutes
Wednesday, January 6, 2021 • 6:30 p.m.
Virtual Meeting • Zoom and Facebook Live
Video of meeting: https://www.facebook.com/101486909927126/videos/895068521255403
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Order of Business
The District 3 Advisory Board meeting was held at 6:30 p.m. via the virtual platform Zoom and live-
streamed on the District 3 Facebook page. There were seven DAB members present (note: there are two
vacancies on the board and the council member position is currently vacant). There were also two City
staff and two members of the public in attendance. The current agenda and minutes from December 2,
2020 were approved.
Members Present Staff Present
Catherine Johnson Matt Williams, Metropolitan Area Planning
Cindy Miles Department
David Kapaun Maddy Campbell, Office of Community Service
Jared Cerullo
Michael Loop
Richard Ruth
Ronald Tracy
Members Absent
Daisy Olivar
Gerald Henry
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New Business
1. CON2020-00038
Matt Williams, Associate Planner, Metropolitan Area Planning Department presented an application
on behalf of Erik Leschuk (applicant/owner) and Erik Gomez (agent) for a City Conditional Use for
DAB 3 • November 4 2020 • Minutes • Page 1
accessory apartment on property zoned SF-5 Single-Family Residential located on the west side of South
Emporia and within 200 feet north of East Harry Street (1539 S. Emporia).
The Metropolitan Area Planning Commission public hearing for this request will be held on January 7,
2021.
The applicant/agent was not in attendance.
DAB asked and made the following summarized questions and comments:
Q: Have all the required permits been submitted? Are things like water, gas, and electricity up to code?
A: We have some unique requirements on this. The water and sewer must be the same as the main
dwelling unit. The electric, gas, telephone, and cable can be separate though. One of the conditions of
this request is that the applicant must prove they got building permits at the time the structure was built,
which would include various inspections on these matters, or they can get a current inspection of the
property to make sure it is up to code.
Q: Was this structure built as an apartment, or is it a garage that was transformed into an apartment?
A: I do not believe it was built as a garage, as there is a garage structure next to it. It could have possibly
been built as a storage shed. If it was initially built as an accessory apartment without the proper permits,
it might have been done a long time ago or by a previous owner.
C: My only problem with this zoning case is if the structure was initially built as an accessory apartment by
this applicant. If that is the case, then it would seem the applicant is only going through this process
because they were caught in violation.
Q: The dimensions of this structure is 30 feet by 15 feet. That seems small. Are there City codes
specifying a minimum square footage required per resident?
A: That is something that will be evaluated when they get an inspection as a requirement of this
application, or it would have been reviewed if they previously got permits.
Q: When somebody applies to do something like this, does staff go out to the property to look at what
they are dealing with, or does MAPD rely on the applicant’s word prior to receiving the official inspection
documentation? How is it verified that the characteristics of the structure is compatible with the character
of the house and neighborhood? I would not want to endorse something that would upset neighbors.
A: I did go out to this property to assess it and take pictures from the street.
C: This request is align with the updated South Central Neighborhood Plan regarding the sections that
discuss land use categories and diversity of housing options.
Q: Is there any chance this structure has aluminum wire in it? That is not allowed anymore as it is a
significant fire hazard.
A: I am not sure, but that will be addressed in the permitting process/building inspection.
Action Taken: Motion made by Jared Curello and seconded by Richard Ruth to APPROVE the
application with the listed conditions per staff’s recommendation. Motion to APPROVE PASSED 6-0-1.
CON2020-00038 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2021-01-
06%20CON2020-00038%20Staff%20Report.pdf
DAB 3 • January 6, 2021 • Minutes • Page 2
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Board Agenda
2. Updates, Issues, and Reports
Lauren Hirsh, District 3 Library Board appointee provided an update on the new District 3 Branch
Library. She shared that City Council approved the Library Board’s recommendation to name the new
branch the Dr. Ronald W. Walters Branch Library. She provided information on the naming process and
gave a brief background of Dr. Walters’ accomplishments and relevance. She encouraged residents to
embrace, celebrate, and patron the new branch slated to open in February.
Richard Ruth shared that the license plate reader technology deployed by the Wichita Police Department
and discussed at the previous DAB meeting is continuing to work as expected and was instrumental in a
recent arrest.
Maddy Campbell, District 3 Community Services Representative provided a brief overview and
answered questions about the process to fill the vacant District 3 City Council seat.
Action Taken: Received and filed.
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Adjournment
The meeting was adjourned at 7:08 p.m. The next regular District 3 Advisory Board meeting is scheduled
to be held at 6:30 p.m. on Wednesday, February 3, 2021. It will be held virtually via Zoom and will also be
live-streamed on the District 3 Facebook page. The Zoom meeting link, ID, and passcode for the next
meeting remains the same and can be found on the first page of this agenda. The most up-to-date
meeting information can also be found on the District 3 web page.
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Guests
Virgil Miller
Lauren Hirsh
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Respectfully submitted,
Maddy Campbell, Community Services Representative, District 3
DAB 3 • January 6, 2021 • Minutes • Page 3
Agenda
District 3 Advisory Board Agenda
Wednesday, January 6, 2021 • 6:30 p.m.
Virtual Meeting • Zoom and Facebook Live
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Virtual Meeting Access Information
Due to health concerns and restrictions related to the COVID-19 pandemic, DAB meetings are being held
virtually. The public can participate in the meetings through the Zoom platform or view the meetings live
on the District 3 Facebook page. Residents also have the option to submit comments to be read into
record via email to mcampbell@wichita.gov no later than 5 p.m. on the day of the meeting.
Join Zoom meeting on a computer, tablet, or smartphone
Click on the link below and enter the meeting ID and passcode.
o https://zoom.us/j/96174548678?pwd=MjF2K2t4QjFZWExybGpBNnM1OE5xdz09
o Meeting ID: 961 7454 8678
o Passcode: 907515
Join Zoom meeting via telephone (audio only)
Dial +1 312 626 6799 and enter the meeting ID and passcode listed above. Charges may apply.
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Order of Business
Call to Order
Approval of Agenda for January 6, 2021
Approval of Minutes for December 2, 2020
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New Business
1. CON2020-00038
DAB 3 • January 6, 2021 • Agenda • Page 1
Matt Williams, Associate Planner, Metropolitan Area Planning Department will present an application
on behalf of Erik Leschuk (applicant/owner) and Erik Gomez (agent) for a City Conditional Use for
accessory apartment on property zoned SF-5 Single-Family Residential located on the west side of South
Emporia and within 200 feet north of East Harry Street (1539 S. Emporia).
The Metropolitan Area Planning Commission public hearing for this request will be held on January 7,
2021.
Recommended Action: Based upon information available prior to the public hearings, planning staff
recommends that the request be APPROVED subject to the conditions listed in the staff report.
CON2020-00030 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2021-01-
06%20CON2020-00038%20Staff%20Report.pdf
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Board Agenda
2. Updates, Issues, and Reports
Discussion from the DAB on any projects, events, programming, resources, issues, etc. in the council
district and/or city-wide.
Recommended Action: Receive and file.
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Adjournment
The next District 3 Advisory Board meeting is scheduled to be held at 6:30 p.m. on Wednesday, February
3, 2021. It is scheduled to be held virtually via Zoom and will also be live-streamed on the District 3
Facebook page. The Zoom meeting link, ID, and passcode for the next meeting remains the same and
can be found on the first page of this agenda. Meeting information is also posted on the District 3 web
page.
DAB 3 • January 6, 2021 • Agenda • Page 2
AGENDA ITEM NO. 1
STAFF REPORT
MAPC January 7, 2021
DAB III January 6, 2021
CASE NUMBER: CON2020-00038
APPLICANT/OWNER: Erik Leschuk (Applicant/Owner) / Erik Gomez (Agent)
REQUEST: Conditional Use request for an accessory apartment
CURRENT ZONING: SF-5 Single-Family Residential
SITE SIZE: 0.22 acres
LOCATION: Generally located on the west side of South Emporia and within 200 feet north of
East Harry Street (1539 South Emporia)
PROPOSED USE: Accessory Apartment
BACKGROUND: The applicant is requesting a Conditional Use to bring an existing accessory apartment on the
property into compliance. The accessory apartment is located west of the existing primary residence. The accessory
apartment is roughly 30 feet by 15 feet in size. The site is currently developed with a single-family residence, the
accessory apartment, a garage, and a storage shed.
The subject property is located in Zimmerly’s Addition and is zoned SF-5 Single-Family Residential. The lots in
this addition are mostly 0.22 acre residential lots. The applicant submitted the attached site plan showing the location
of the existing primary residence and the existing accessory apartment.
The Wichita-Sedgwick County Unified Zoning Code (“UZC”) defines an “accessory apartment” (Art. II. Sec. II-
B.1.b) as a dwelling unit that may be wholly within, or may be detached from a principal single-family dwelling
unit. Accessory apartments are also subject to supplementary use regulation Article III-D.6.a: (1) a maximum of
one accessory apartment may be allowed on the same lot as a single-family dwelling unit that may be within the
main building, within an accessory building or constructed as an accessory building; (2) the appearance of an
accessory apartment shall be compatible with the main dwelling unit and with the character of the neighborhood;
(3) the accessory apartment shall remain accessory to and under the same ownership as the principal single-family
dwelling unit, and the ownership shall not be divided or sold as a condominium and (4) the water and sewer service
provided to the accessory apartment shall not be provided as separate service from the main dwelling. Electric, gas,
telephone and cable television utility service may be provided as separate utility services.
The applicant has indicated that the existing accessory apartment does comply with the above supplementary
regulations.
The properties to the north and east are zoned SF-5 and developed with single-family residences. The property to
the south is zoned both SF-5 and LC Limited Commercial and developed with a commercial building. The properties
to the west are zoned TF-3 Two-Family Residential and are developed with single-family residences.
CASE HISTORY: On June 26, 1883, the subject property was platted as part of Zimmerly’s Addition. No other
planning cases are associated with this 0.22 acre site.
ADJACENT ZONING AND LAND USE:
NORTH: SF-5 Single-Family residences
SOUTH: SF-5/LC Commercial Building
WEST: SF-5 Single-Family residences
EAST: SF-5 Single-Family Residences
PUBLIC SERVICES: South Emporia Street is a local, paved street with 60 feet of right-of-way. All Municipal
services are available.
CONFORMANCE TO PLANS/POLICIES: The 2035 Wichita Future Growth Concept map indicates the area
as designated for “residential.” These areas are described as encompassing the full diversity of residential
development intensities and types typically found in a large urban municipality. This site conforms to this
designation.
Wichita: Places for People Plan: The subject area is located within the Established Central Area, which is defined
as the downtown core and the mature neighborhoods surrounding it in a roughly three mile radius. This area is the
focus of the infill strategy and the adopted Wichita: Places for People Plan.
The Places for People Plan includes different area designations within the Established Central Area. The subject
area is within a Transition area between the Community Core (or Node) at Harry and Broadway and the residential
neighborhood (or edge) area to the north and east. A transition area is defined as “area necessary between the node
and the edge that allows the intensity of development and uses, and mix of uses, to transition to the surrounding
neighborhood context.” Within the context of the residential neighborhood and recommendation to allow more
accessory apartments within the ECA, the request is in conformance with this plan.
CON2020-00038_____________________________________________________________________________
Metropolitan Area Planning Commission Page 2
RECOMMENDATION: Based upon information available prior to the public hearings, planning staff
recommends that the request be APPROVED, with the following conditions:
(1) The accessory apartment shall comply with The Wichita-Sedgwick County Unified Zoning Code,
specifically Art. III.Sec.III-D.6.a.
(2) The applicant shall provide proof of proper building permits and an inspection of the accessory apartment
to the Metropolitan Area Planning Department. Modifications must comply with all State, County, and any
other applicable standards.
(3) Development and maintenance of the site shall be in general conformance with the approved site plan.
(4) If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use,
the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified
Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null
and void.
This recommendation is based on the following findings:
(1) The zoning, uses and character of the neighborhood: The properties to the north and east are zoned SF-
5 and developed with single-family residences. The property to the south is zoned both SF-5 and LC Limited
Commercial and developed with a commercial building. The properties to the west are zoned TF-3 Two-
Family Residential and are developed with single-family residences.
(2) The suitability of the subject property for the uses to which it has been restricted: The subject site is
currently zoned SF-5 which permits the existing single-family residence. The property will continue to be
used for one single-family residence; the size of the property easily accommodates the existing accessory
apartment and the additional required parking space.
(3) Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of
the request should not detrimentally impact nearby properties as the accessory apartment has existed at this
location for over 10 years according to the applicant. The conditions of approval should minimize any
anticipated detrimental impacts.
(4) Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies:
The 2035 Wichita Future Growth Concept map indicates the area as designated for “residential.” These
areas are described as encompassing the full diversity of residential development intensities and types
typically found in a large urban municipality. This site conforms to this designation.
Wichita: Places for People Plan: The subject area is located within the Established Central Area, which is
defined as the downtown core and the mature neighborhoods surrounding it in a roughly three mile radius.
This area is the focus of the infill strategy and the adopted Wichita: Places for People Plan.
The Places for People Plan includes different area designations within the Established Central Area. The
subject area is within a Transition area between the Community Core (or Node) at Harry and Broadway
and the residential neighborhood (or edge) area to the north and east. A transition area is defined as “area
necessary between the node and the edge that allows the intensity of development and uses, and mix of
uses, to transition to the surrounding neighborhood context.” Within the context of the residential
neighborhood and recommendation to allow more accessory apartments within the ECA, the request is in
conformance with this plan.
CON2020-00038_____________________________________________________________________________
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(5) Impact of the proposed development on community facilities: Community facilities will not be
noticeably impacted by this approval as the accessory apartment already exists at this location. All utilities
are available to the site.
Staff Report Attachments:
1. Aerial Map
2. Zoning Map
3. Land Use Map
4. Applicant’s Site Plan
5. Staff’s Site Plan
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23.5’
Garage
32.3’
Accessory
Apartment
6.9’
Primary
Residence
23.0’
N
CON2020-00038_____________________________________________________________________________
Metropolitan Area Planning Commission Page 9