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: July 10, 2017 Re: Petition #2254 GENERAL INFORMATION Applicant: Clifford Dale Status of Applicant: Representative Mason Jar Brews & Burgers 941 North 74 th Drive Kansas City, KS Requested Action: This appeal has been filed to keep rooftop mechanical units within public view. Sec (b)(6) states that mechanical equipment or other utility hardware whether on the ground or on a building shall be screened from public view. Such screening shall be harmonious with building design and materials. Appellant is not screening the units; a violation of an architectural screen. Date of Application: May 26, 2017 Purpose: To continue to operate a restaurant #2254 July 10,

2 Property Location: 941 North 74 th Drive Existing Zoning: C-1 Limited Business District Existing Surrounding Zoning: North: South: East: West: CP-1 Planned Limited Business District R-1 Single Family District CP-2 Planned General Business and CP-3 Planned Commercial Districts C-1 Limited Business District Existing Uses: North: South: East: West: Security National Bank and Taco Bell restaurant Delaware Park A used car lot Used car lot and self-storage facility (across North 74 th Drive) Neighborhood Characteristics: The character of the neighborhood is comprised of commercial uses along State Avenue even though the Mason Jar s entrance is along North 74 th Drive. State Avenue is one of the primary eastbound/westbound commercial arteries in the city. Total Tract Size: 4.86 acres Master Plan Designation: The City-Wide Master Plan designates this property as Mixed Use. Major Street Plan: The City-Wide classifies North 74 th Drive as a Class C Thoroughfare. Advertisement: Property Owners Letters June 14, 2017 Wyandotte Echo June 15, 2017 Public Hearing: July 10, 2017 Public Opposition: None to date 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. The variance requested does not arise from such conditions that are unique to the property and which are not ordinarily found in the same zone or district. The requirement to screen rooftop mechanical equipment is part of the landscaping #2254 July 10,

3 and screening section of the code that regulates commercial and industrial buildings. 2. The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents. The granting of the variance will not affect the rights of adjacent property owners or residents. 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. If the application is denied, the applicant will need to screen the rooftop mechanical equipment as required by the code. 4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. 5. The granting of the variance desired will not be opposed to the general spirit and intent of the zoning ordinance. The general spirt and intent of the zoning ordinance as it relates to mechanical equipment is purely aesthetic. Rooftop equipment when not screened is unsightly and detracts from the overall appearance of the building and site. PREVIOUS ACTIONS None NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on June 22, 2017; according to the applicant, no one was in attendance. STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. On April 27, 2016, planning staff approved the building addition for the Mason Jar. The building elevations are included in the attachments, which do not show rooftop mechanical equipment on the roof as currently constructed. #2254 July 10,

4 The approved building elevations falsely represent the true intent and design of the building as depicted in the photographs. 2. Staff has included the DRC Requirements and Recommendation Comment Form which states that roof mounted units must be screened from public view on all sides with the parapet of the building. 3. The applicant elected not to screen the rooftop mechanical equipment and has applied for a variance after the construction and installation of the units. 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 Conclusion: The applicant did not respond to staff s comments in an attempt to further explain the approved building permit elevations not showing the rooftop mechanical equipment. These units were constructed and installed onto the building prior to a obtaining a variance. Staff cannot recommend approval. STAFF RECOMMENDATION Staff recommends that the Board of Zoning Appeals DENY Case #2254 subject to all comments and suggestions outlined in this staff report. ATTACHMENTS Neighborhood Meeting Minutes DRC Requirements and Recommendations Comment Form dated April 27, 2106 Approved Building Elevations from DRC dated April 13, 2016 Site Photographs REVIEW OF INFORMATION AND SCHEDULE Action Public Hearing July 10, 2017 Appeal Board of Zoning Appeals STAFF CONTACT: Byron Toy, AICP btoy@wycokck.org #2254 July 10,

5 MOTIONS I move the Board of Zoning Appeals DENY Case #2254, 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. OR I move the Board of Zoning Appeals APPROVE Case #2254 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: 1. ; 2. ; And 3.. #2254 July 10,

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10 Figure 1. Site photograph of 941 North 74th Drive (provided by the applicant). Figure 2. Site photograph of 941 North 74th Drive (provided by the applicant). #2254 July 10,

11 Figure 3. Site photograph of 941 North 74th Drive (provided by the applicant). Figure 4. Site photograph of 941 North 74th Drive (provided by the applicant). #2254 July 10,