Loading...
7.1 Agr License Cond Use R-2. CITY OF SALINA REQUEST FOR COMMI SS ION ACTION DATE TIME ,1/23/B9 7:00P.M. AGENDA SECTION: Development ORIGI NATI NG DEPARTMENT: APPROVED FOR AGEND~ ~ NO. 7 COMMUNITY DEVELOPMENT ~_~, ~ I Planning Division NO. 1 Roy Dudark BY: B Item Application #CU88-6, filed by Alice Denning, requesting a Conditional Use Permit to allow a professional office in an R-2 (Multi-Family Residential) District on property legally described as the South 50' of the North 100' of the East 165' of Lot 8 in Surveyors Plat 12 except the East 35' thereof taken by the County of Saline and the City of Salina (aka 324 S. Ohio). Background The applicant applied for a Conditional Use Permit to allow Birthright to convert a single-family home located at the NW corner of Ohio and The Midway to an office and distribution center. The applicant also applied to the BZA for an 8,500 sq. ft. variance to the minimum lot size requirement for conditional uses located in R-2. Section 42-174(1)(e) of the R-2 District Regulations requires a 15,000 sq. ft. lot size for conditional uses and the subject 'lot contains only 6,500 sq. ft. As part of a Zoning Ordinance change adopted April 11, 1988, authority over Conditional Use Permits was transferred from the BZA to the Planning Commission. On January 3, I989, the Planning Commission conducted a public hearing on the above referenced Conditional Use application. At the conclusion of the hearing, the Planning Commission voted 4-3 to deny the permit for the office based on concerns about the availability of off-street parking and the size of the lot. The Zoning Ordinance change adopted in 1988-made the Planning Commission's decision final unless a written appeal to the City Commission is filed within 14 days. An appeal from the applicant was received by the Planning Department on January 7, 1989 (see attached letter). A parking plan for the site has also been submitted since the hearing. On January 19, 1989, the Board of Zoning Appeals considered-the application for a minimum lot size variance. At the conclusion of the hearing, the BZA voted 4-0 to approve the variance application subject to the following 4 conditions: COMMISSION ACTION MOTION BY SECOND BY CITY OF SALINA REOUEST FOR COMMISSION ACTION DAT1E TIME 1/23/8~ P.M. AGENDA SECTION: ORIGINATING DEP~RTNENT: APPROVED FOR NO. COMMUNITY DEVELOPMENT AGENDA: Planning Division ITEM ND. Roy Dudark BY: BY: Page 2 ' 1) The lot size variance is limited specifically to Birthright as an occupant and shall expire upon a change of occupancy on the property. 2} Sight-obscuring screening as required by Section 42-552(e}{3) shall be installed if the off-street parking area is expanded beyond 3 spaces. 3) Parking bumpers or curbs shall be Placed west of the garage to prevent vehicles form entering the yard. 4} The address of the property shall be changed to a Midway address to encourage visitors to use The Midway as access to the property. Recommended Action 'If the Cfty Commission agrees with the decision of the Planning Commission to deny the conditional use permit it may vote to affirm that decision and it becomes final. In the alternative, if the City Commission wishes the item reexamined, it may return the application to the Planning Commission for reconsideration along with a statement specifying the reasons for their disagreement. Encl.: Application Vicinity Map Site Plan Letter of Appeal Parking Plan Excerpt of Jan. 3 PC Minutes Excerpt of Section 42-597.2{d) cc: Alice Denning Kaye Crawford n COF~ISSION ACTION MOTION BY SECOND BY TO: PUBLICATION DATE December 13: lqRR APPLICATION No:' CU88-6 HEARING DATE January 30 1988 DATE FILED_ November 30, 1988 APP. FOR ZONING CERT. ATTACHED N/A FILING FEL$100.O0 SITE PLANS Yes RECEIPT No. ~,'~ / -..z~j£[J APPLICATION FOR CONDITIONAL USE PERMIT (EXCEPTION) 1. Applicant's Name: Alice Denning 2. Applicant's Address 1101 South Ohio, Salina~ Kansas Z3p Code: 67401 3. Telephone (Business): 825-2177 (Home): 827-6722 4. Owner's Name: Robert Lee Burkhardt, Administrator of the Estate of Alvin V, Burkhardt 5. Owner's Address: Route 1, Box 555, Maple Hill, KS 7ipCode: 66507 6. Legal description of affected property (attach additional sheets if necessary)- The South Fi fty Feet (S. 50' ) of the North One Hundred Feet {N. 100') of the East One Hundred Sixty-five Feet {E. 165') of LOt_Fiqht (.8) in Surveyors Plat Twelve ~.12)~e..xcep!; the East Thirty-five Feet {E. 35') thereof t~ken Dy the Coun'cy of Saline and =ne ~]=¥ or Salina. 7. Approximate street address: 324 South Ohio~ Salina~ Kansas 8. Zoning of property: R-2 9. Present useof property: Single family residential 10. Proposed use of property: Office, Birthright. 11. Are there any covenants or restrictions of record which would prohibit the proposed development? (Attach copy). No 12. State or show compliance with any special conditions or requirements imlx~ed or~ this conditional use by the applicable district Zoning Regulations: 13. State why the proposed conditional use will not cause substantial injury to the value of neighboring property: Property has been devaluated as R-1 or R-2 due to development of Midway and widenin~l of South 0hio~ professional office will fit into current neighborhood. 14. State how the proposed conditional use is to be designed, arranged, and operated in order to permit the development and use of neighboring property in accordance with the applicable district Zoning Regulations: This usage will not harm neighborhood property as access will be on Midway -- ~here ~s ample off street parking. Garage will currently hold staff car and there is room currently for 2 other cars and garage will screen. 15. Present data in support of the standards specified in Section 36-1201(2)(a)(4) of the Zoning Regulations (at~ach addi- tional sheets if necessary). These standards may be found on the back of this application. All items a - g of 36-1201(2} (a) 4 - are met in this request, I hereby certify that if this conditional use permit application is approved, I will complete construction m accordance with plans submitted and approved by the Board of Zoning Appeals and I agree to abide by all restrictions, conditions, and requirements lawfully binding upon me in this regard. Date: //- '~,") -- ~/' Date: /./ - .~ K~ - ~' If the applicant is to be represented by legal counsel or an authorized agent, please complete the following so that correspondence and communications pertaining to this application may be forwarded to the authorized individual. NAME OF REPRESENTATIVE: ADDRESS: ZIP CODE: TELEPHONE (Business): AREA CODE: ___ White. Planning Canary - City Clerk Pink - Inspection Gold - Applicant {Rev. 12/81) 103 n~ce oennln~ 324 S. OHIO LEGAL: s50' of th~ NiO0' of the E165' of Lot 8 in Surveyors Plat 12 except the E35' thereof taken by the County of Saline and the City of Salina (aka 324 South Ohio). SCALE: 1"=20' 130' PROPOSED 9' 25' PARKING ~:) ' ~ THE MIDWAY NOT INTENDED AS, A SURVEY' Millwood ~ Better Realty, Inc. ~, i~ Hg~~ 1101 South Ohio, Salins, Kansas 67401 Telephone (913) 825-2177 January 6, 1989 Mr. Roy Dudark City Planning & Community Development 300 West Ash Salina, Kansas 67401 Dear Mr. Dudark: I am asking consideration to appeal the B~oa~'~ ............... of Zonin~ ';~ Ap.~ .... denial of application CU 88-6, 324 S. Ohio, at the January 23, 1989 City Commission Meeting. We are planning to resolve the parking problems previously identified and would like the opportunity to resubmit to the Planning Commission. Thank you for any assistance you might give us. Sincerely, MILLWOOD REALTY, INC. Alice Denning Broker/Owner AD:ne 324 S OHIO PROPOSED PARKING GARAGE 9' I' HOUSE I' ~20' I ,26' I -- I I -Oh I -- I:3' 3'--{-- ~, -- I I PROPERTY LINE I ~ STREET CURB 1 THE MIDWAY Salina City Planning Commission January 3, 1989 Page 7 Joe Ritter asked if the city can not afford this then why should they be put to that kind of risk of two more homes on that line? The City is just passing the buck to them and he can not handle any more of the situation with the water. Mr, Brungardt asked what the status of the ball diamond was as far as the services? Mr. Hoff stated that they are not pumping off the same line. He stated that they have a 20" line and it is up about 2,000 ft. If the ball diamond improvements go then we will have it up another 3,000 ft. which is still about a 1,000 ft. short of Cloud Street, All of this still does not help the static pressure. Only a water tower would be able to improve that. MOTION: Mrs. Denton moved that Application #P88-8 be denied because of inadequate public services specifically fire protection and water distribution. SECOND: Mr. Roth seconded the motion. He stated that this is an unfortu~ate circumstance that we got into eight years ago. He stated that the people who live up there have voluntarily accepted the conditions as they are and he can not find fault with that but he does not see any sense in compounding the problem by annexing additional ground to the city that we can not adequately protect, VOTE: The vote was unanimous (7-0) in favor of the motion. Motion carried. #3. Application #A88-4, filed by Harold and Royanne Larson. Chairman Gaines asked the applicant if there was any reason to pursue annexation at this time? Harold Larson stated that there is no reason to pursue annexation at this time. #4. Application #CU88-6, filed by Alice Denning. Mr. Dudark stated that this is an application for a conditional use permit for a professional office type facility in a single dwelling on the northwest corner of Midway and Ohio. This would be an office for Birthright,.a social service agency that wishes to contract-purchase this property and establish an office facility for expectant mothers and provide a facility where they could borrow equipment such as cribs, bassinets, etc. This property is currently zoned R-2 {Single-Family Residential) and a professional office is a conditional use in an R-2. Staff has listed seven criteria. One criteria is that it be in compliance with zoning ordinance requirements. The lot has an area of only 6,500 sq. ft. and 15,000 sq. ft. is required. An application has been made for a variance to that minimum standard that will be heard by the BZA on January 19. There is no expansion of the building anticipated. There would have to be sufficient land determined by the BZA to accommodate the parking on the site. Another criteria is the welfare and convenience of the public.. He stated that this site is quite accessible as Ohio will be widened through the Iron intersection. There are some multi-family housing in the area, the Board of Realtors office building and a clinic are all in the area. He stated that staff does not see this as an incompatible use for the area. Because this property sits on an arterial street and it is a very small building we do not think it will dominate the neighborhood. In regards to parking he stated that staff needs to know more information from the applicant in regards Lo how many employees, hours of service. The utilities and drainage are adequate. An access drive would be obtained from an existing driveway opening on Midway. He stated that the applicant will have to present a parking plan. No access From Ohio is being requested. The Zoning Administrator may determine that the existing driveway is not wide enough for ingress and egress of traffic and if not, it may have to be widened prior to occupancy of the structure. Staff believes that this can be handled with the Occupancy Permit before the facility is finalized and allowed to open. Staff would recommend that this Conditional Use Permit application be approved subject to the three conditions listed in the staff report. Chairman Gaines asked if there has been any correspondence concerning this application? Salina City Planning Commission January 3, 1989 Page 8 Mr. Dudark stated that there has been some calls from neighbors asking what is being planned. There was a call from the clinic to the west and a call from the property owner to the north. He stated that there is a vacant lot between this home and the next home up. The lady who lives in the home to the north is concerned about people parking on her property. Mr. Morris asked if the plat plan takes into consideration any loss of frontage through the widening of Ohio and if so, how much is that going to entail? Mr. Hoff stated that there would only be an easement for sidewalk purposes and the only right-of-way obtained would be south of the Midway between Hazel Ct. and the Midway. Mr. Dudark stated that according to the report, we did pick up an additional 5' of easement for the sidewalk so the lot would remain in the same dimension. Mr. Presley asked if staff thought the BZA would reduce the lot size halfway? Mr. Dudark stated that he can not make judgments for them but they have in the past. Chairman Gaines asked if the applicant would care to make a comment concerning this applicatio~? William Miller stated that he is a co-applicant and is speaking for the applicant. He stated that there would only be one person staffed in the office and on occassion there wo~ld be two. The hours would be Monday, · Tuesday, and Thursday 4:00 - 8:00 p.m. and Wednesday and Friday 12:00 - 2:00 p.m. They would be closed on Saturday. The normal traffic flow would be very minimal as they very seldom have over two customers in the facility at a time. The driveway going into the garage off the Midway is a 22-23' drive. He stated that access to the parking could be made through the existing driveway. Parking could be between the garage and Dr. Kempton's clinic to the west. He stated that the one person who is working could park in the garage and leave two parking spots on the concrete to park from the existing curb cut to the garage. There are no plans to house anyone. There would be no 24 hour occupancy. Birthright is barely able to afford buying this and they have no plans for expansion in any direction. Chairman Gaines asked if there are any interested persons who would care to make a comment concerning this application? Kaye Crawford stated that she is here on behalf of her mother who lives directly north of this site. She stated that her mother owns the vacant lot also. She stated that many people feel they can use that lot any time they desire and they always get traffic through there. She stated that there is no way for a person not familiar with the residence to know that the lot is not part of that property because it runs together. She stated that they are not opposed to Birthright using the building because they might improve the property as it has gone down alot but she does not want any parking in that lot. She stated that when she looks at the parking area she does not see any room for parking even if they took the garage out. She stated that she lived here most of her life and was raised in that house. She stated that it sounds fine that there would never be more than two people there but in allowing for people to pick up cribs, etc. she does not see how there would not be more traffic. She stated that if it would require a fenice she would like that to keep people from parking in the lot. The city has already taken a good bit of the frontage on Ohio. Joseph Milbradt, 337 S. Ohio, stated that he owns a house in the area and he understands that when they took away the frontage it took away the value of his home. He stated that he has had his home for sale since September and all he wants is to get his money back from it. He stated that this office probably would not hurt the area as the city has already done that to the area. He stated that if the city wants to buy his home the~ they can. He stated that he moved from his home on Ohio as-he is getting a little old and every time he went to back out he had to wait five minutes and he was afraid Salina City Planning Commission January 3, 1989 Page 9 he would get mad someday and just back out. He stated that they changed the speed limit from 30 mph. to 40 mph. and people drive 50 mph. and the cops let people just go by. He stated that he has nothing against Birthright having an office there but he can not beat city hall. Dolores Palmer, 1046 Gypsum, asked if the residence is going to stay as it is now? Mr. Dudark stated that it will not be used as a home but will be an office. He stated that there will probably be no changes to the property. William Miller stated that there would be no structural changes to the property. He stated that the applicants are going to go in and take care of the site which the past residents did not and will definitely not be an eye-sore to the neighborhood. Kaye Crawford stated that this property has less than half tile required footage for a Conditional Use Permit. She asked what the reason was for having regulations if they are not followed? She asked if you can have a 6,500 lot for professional office then why don't we scale down regulations to 6,500 instead of requiring 15,000 sq. ft.? Mr. Dudark stated that we have a number of conditional uses such as churches which require a larger site than this facility. Kaye Crawford asked if we are sure what this requires for parking? Mr. Dudark stated that staff will have to determine that. He stated that before the BZA will grant a variance they will have to see that all the parking can be shown on the property and will meet the requirements for ingress and egress, spacing, and so forth. This will probably be subject to conditions of nonexpansio~. He stated that all the factors will be evaluated. He stated that this is a small facility. Kaye Crawford stated that she does not know very much about Birthright except for what Mr. Miller is saying. She stated that we are taking for granted what he says that there will be no more than two people a day. She does not know whether there will be more or not. Mr. Dudark stated that tile Chief Building Official will inspect that to make sure the parking is sufficient for the number of staff and there will probably be at least 3 spaces or more for parking. Mr. Roth asked if the planning commission approves a conditional use permit, will we be approvi~)g it for Birthright or are we approving it to be a professional office building or are we allowing it to be any conditional use in the R-27 Mr. Dudark stated that it would only be for a professional office. He stated that it can be restricted to only this facility. Normally, if there is no action to limit it it would be any use in this class. Chairman Gaines stated that most uses for a professional office would need at least 20 parking spaces instead of just 2 or 3. Mr. Roth asked what would happen if a professional office moved in there and needed more spaces? Mr. Dudark stated that they must meet the requirements for a professional office before they will be allowed to open. A plan would have to be approved by the 7oning Ad~inistrator before it could be occupied. He stated that staff feels there is sufficient space on the site to acconmodate a professional- office. It should be one space per 300 sq. ft. and this would be about three spaces. Mike Peterson, Chief Building Official, stated that if counseling would take place on the site similar to psychological counseling then they may have to add additional space. At that point it would be changed into a treatme~t room facility and three spaces would have to be added per treatment room. Salina City Planni~g Commission January 3, 1989 Page 10 He stated that there appears to be room to have six spaces on the site. He stated that when there is insufficient parki~g to support the new use then we discuss it with the owners of the property. He stated that we will explain that in order to operate with that number of employees at that level they will need additional spaces. William Miller stated that the ladies who work Birthright are not professional counselors and counsel only on options available to the mother in their pregnant state. They perform no professional duties other than handing out baby clothes and telling the mothers that they have options other than abortions such as adoptions. Mr. Dudark asked Mr. Miller if there would be a meeting room inside this structure where a half a dozen people would arrive for any kind of session? William Miller stated that there would not. He stated that if anyone could see the office they occupy now they would understand. He stated that they are presently in a 400 sq. ft. office on Santa Fo. He stated that they are a small entity. He stated that the maximum hours they are open is 4:00 - 8:00 in the evening three nights a week. He stated that he can not see that they will be a problem to anyone. Mr. Dudark stated that the building would be inspected and a~ Occupancy Permit would have to be issued before it would be allowed to be open. Mr. Presley asked if there are any screening requirements? Mr. Dudark stated that it is not mandatory. He stated that it is the discretio~ of the commission to attach conditions to this conditional use permit. Mr. Presley asked if the drive would have to be taken out with the construction of Ohio? William Miller stated that the drive is on Midway. Mr. Presley stated that he meant the other lot north of it. Mr. Huff stated that as he understands it that is a shared drive between the house and the vacant lot so it really can not be eliminated as there is only one drive there. 140TION: Mr. Ruth moved that Application #CU88-6 be denied as the application does not meet requirement #1 as it does not comply with all applicable regulations of this chapter primarily lot size requirement. He stated that he is also unwilling to allow the BZA take a stab at a 60% reduction requirement. SECOND: Mr. Morris seconded the motion. VOTE: The vote was in favor of the motion (4-3) (Brungardt, Gaines, Seaton). Motion carried. #5. Other Matters. Mr. Dudark stated that about a year ago we had a list of needed zoning ordinance amendments that we presented. One amendment staff would like to change is the R-2 district. He stated that apartments could be made conditional uses and allow duplexes as a permitted use. He stated that there are more people interested in duplexes and there is the concern if it would be an apartment what would be the site coverage and drainage. If apartments were made a conditional use then we would be able to address that. Staff would like to prepare an amendment for consideration. ~ · Mrs. Denton stated that the density would be R-2 density but apartme~ts would be a different format than a duplex because it n~ight have more impact. (d) A~peal to City Commission. An applicant who is dissatisfied with the decision of the Planning Commission may appeal the decision to the City Commission, provided the appeal is submitted in writing to the office of the zoning administrator within fourteen (14) days from the Planning Commission's action. Upon receipt of an appeal from the action of the Planning Commission, the City Commission shall set a hearing date to consider all information, testimony and minutes of the Planning Commission's public hearing to reach a decision on the applicant's request. The City Commission may affirm the decision or return the application to the Planning Commission for further consideration together with a statement specifying the basis for their disagreement. Upon receipt of a second decision from the Planning Commission, the City Commission may affirm, modify or overrule the decision of the Planning Commission. The City Commission shall only overrule the Planning Commission by a favorable vote of a majority of the full City Commission.,