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.,