Urban Planning and Land Use

Transcription

1 Urban Planning and Land Use 701 North 7 th Street, Room 423 Phone: (913) Kansas City, Kansas Fax: (913) planninginfo@wycokck.org To: From: Board of Zoning Appeals City Staff Date: January 8, 2018 Re: Petition #2272 GENERAL INFORMATION Applicant: Deloris Brennan Status of Applicant: Owner 1107 South 49 th Drive Kansas City, Kansas Requested Action: Approve variance for second accessory structure Date of Application: November 28, 2017 Purpose: To build a detached carport as a second accessory structure on the property Property Location: 1107 S. 49 th Drive Kansas City, Kansas Existing Zoning: R-1 #2272 January 8,

2 Single Family District Advertisement: The Wyandotte Echo December 14, 2017 Letters to Property Owner December 15, 2017 Public Hearing: January 8, 2018 Public Opposition: Staff has not been made aware of any opposition. PROPOSAL Detailed Outline of Requested Action: This appeal has been filed to allow a detached carport accessory structure in addition to an existing shed on the property. Sec (2) states that any dwelling unit may be permitted a detached accessory building and that any parcel with more than one accessory structure where the structures do not conform to subsection (c) of this section must obtain a variance from the Board of Zoning Appeals. The appellate is requesting two accessory structures, a violation of one accessory structure. City Ordinance Requirements: through STATUTORY REQUIREMENTS/FACTORS TO BE CONSIDERED 1. The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and which is not created by an action or actions of the property owner or the applicant. This request is fairly common throughout most of the community and is not unique in the older parts of the city where homes were built on smaller, narrower lots than what is typical today. 2. The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents. This is not expected to be an issue, if placed internally on the lot. 3. The strict application of the provisions of the zoning ordinance of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application. The strict application will require the owner to continue to do without a covered parking spot, or remove the existing shed and build a more traditional detached garage; this is not necessarily seen as an unreasonable hardship and is typical of houses in older neighborhoods such as this one. #2272 January 8,

3 4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. This is not foreseen to be an issue. 5. The granting of the variance desired will not be opposed to the general spirit and intent of the zoning ordinance. The limit of one accessory building on residential properties is to avoid overcrowding of our neighborhoods. So long as this carport isn t encroaching upon neighboring homes, this shouldn t be an issue. PREVIOUS ACTIONS None NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on December 21, 2017 with no one in attendance; however, one neighbor who could not attend is in support. KEY ISSUES None STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. If additional pavement is planned, pavement may not exceed 40% of the rear yard. Public Works Comments: A) Items that require plan revision or additional documentation before engineering can recommend approval: 1) None B) Items that are conditions of approval (stipulations): 1) None C) Comments that are not critical to engineering s recommendations for this specific submittal, but may be helpful in preparing future documents: 1) None STAFF RECOMMENDATION #2272 January 8,

4 Staff recommends that the Board of Zoning Appeals make the findings contained within the staff report related to Factors to be Considered, and Key Issues and recommends APPROVAL of Petition #2272 subject to all comments and suggestions outlined in this staff report. ATTACHMENTS Aerial photograph Zoning map Photos submitted by applicant REVIEW OF INFORMATION AND SCHEDULE Action Board of Zoning Appeals Public Hearing January 8, 2018 Appeal STAFF CONTACT: Jamie Hickey MOTIONS I move the Board of Zoning Appeals APPROVE Case #2272 as meeting all the requirements of the City code and being in the interest of the public health, safety and general welfare subject to such modifications as are necessary to resolve to the satisfaction of City Staff all comments contained in the Staff Report; and the following additional requirements: OR 1. ; 2. ; And 3.. I move the Board of Zoning Appeals DENY Case #2272, as it is not in compliance with the City Ordinances as it will not promote the public health, safety and general welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned. #2272 January 8,

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