11-20-1969 Minutes
M IN UTE S
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Board of Zoning Appeals
City Commissioners Room City-County Building
Salina, Kansas
November 20,1969 5:00 p.m.
Members present:
Others present:
Sabin, Patterson, Altman, Mendicina
R. Lange, L. Webb
The meeting was called to order by Chairman Sabin at 5:11 p.m.
1.
Florence K. Weddle request permission of the Board under Ordinance 6613 of
the City of Salina, Section 15, to allow the operation of a Single Operator
Beauty Shop Installation on the South Seventy (70) feet of Lot Seventeen (17)
and Eighteen (18), Block One (1), Wymore Addition to the City of Salina,
Saline County, Kansas (803 East Claflin).
Mr. and Mrs. Weddle and Mr. Cochran, an interested party, were present. Mrs.
Weddle approached the Board. The Board inquired if Mrs. Weddle had letters of
approval from her neighbors. Mrs. Weddle noted that she doesn't know any of
the neighbors since she is trying to purchase the property from Mr. Cochran but
will not buy it until she is assured that a beauty salon can be allowed. She
pointed out that she presently has a beauty salon operating in her home at
216 North 12th. It was noted there is a beauty shop 1-1/2 blocks East of the
property in question on Claflin and another North on Roach Street about 1/2
block. The customers of these beauty shops will not overlap because Mrs. Weddle
has had the same customers for several years.
The restrictions for a sign advertising such beauty shop placed on private property
was discussed. Mr. Lange pointed out that a sign could not be more than one
square foot.
The Chairman explained that their permission for a beauty shop is not transferr-
able; it is valid only for the person issued to at the specified location.
Mr. Patterson made a motion to approve this petition for Special Class Zoning.
Seconded by Mr. Altman.
Vote was unanimous to approve this motion.
Mr. Patterson brought up the petition of George Cardinal presented at the
October 30, 1969 meeting.
It was noted that Mr. Cardinal appealed the decision of the Board to the City
Commission at its regular meeting on November 17,1969: they reversed the Board's
decision and granted the rear yard variance Mr. Cardinal requested.
2.
Mr. Patterson noted that he checked the minutes of the Board of Zoning Appeals
and the City Commission meetings and found that every petition the Board of
Zoning Appeals has denied and which was appealed to the City Commission, the
City Commissioners have reversed the decision.
It was consensus of the Board that if the City Commission is going to set a pre-
cedent of reversing decisions of the Board of Zoning Appeals, then perhaps con-
sideration should be made for changing the Ordinance.
Mr. Patterson read a letter he is drafting to the City Commissioners. Each
Board member felt they should sign this letter after its completion: they agreed
something should be done to bring the Board's feeling to the attention of the
City Commi ss i on.
Mr. Patterson read the conditions on which a variance can be granted.
It was the feeling of the Board that their decision should not have been reversed
by the City Commission since the City Attorney advised the Commissioners at the
City Commission meeting that according to the Ordinance, the only way they could
approve the variance is to declare it a hardship case, and then allow the variance.
There was no hardship shown in this case.
It was noted that none of the Board members had been contacted by any of the
City Commissioners to determine why this case was denied by the Board of Zoning
Appeals. Mr. Patterson commented that a channel of communication needs to be
opened between the Board of Zoning Appeals and the City Commission.
Board of Zoning Appeals
November 20,1969 Meeting
Minutes
Page -2-
Mr. Mendi ci na moved that Mr. Patterson fi ni sh compi 1 i ng the 1 ettl~r; present it
to all members for their signature (if they desire to sign it), and present it
to the City Commission by mail or in person before the next City Commission
meeting. Seconded by Mr. Altman.
Vote was unanimous to approve this motion.
There being no further business and upon proper motion, the meeting was adjourned
at 5:35 p.m.
Respectfully submitted,
~ \,~~ "-À--J~lr
Linda Webb, Secretary Pro-Tern
Board of Zoning Appeals
Attest:
John R. Sabin, Chairman