05-20-2021 Minutes
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MINU TES
BOARD OF ZONING APPEALS
CITY-COUNTY BUILDING, ROOM 107 AND VIA ZOOM
THURSDAY, MAY 20, 2021
4:00 P.M.
1. CALL TO ORDER / ROLL CALL / KOMA CONFIRMATION
(1.1) Call to Order
Chair Olson called the meeting to order at 4:00 p.m.
(1.2) Roll Call
Commissioners Present:
John Olson (Chair), Steve Dorzweiler (Vice -Chair), Madison Miles, Cale Sharp (Via Zoom),
Benjamin Kraft (YOB)
Commissioners Absent:
None
City Staff Present:
Dean Andrew, Zoning Administrator; Dustin Herrs, Assistant Planner; Allison Hamm, Permit
Technician
(1.3) Chair requests staff confirmation that Kansas Open Meeting Act required notice has been
properly provided.
Mr. Andrew confirmed that the packet was posted and the required notice of today’s
meeting was provided.
2. APPROVAL OF MINUTES
(2.1) Approval of the Minutes of the April 29, 2021 special meeting.
A motion was made to approve the minutes of the April 29, 2021 special meeting by Board
Member Miles, seconded by Board Member Dorzweiler and carried by vote.
3. NEW BUSINESS
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May 20, 2021
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Public Hearing Items
(3.1) Application #V21-4, filed by MGB Properties, LLC, requesting approval of the following
variances:
1. A minimum lot width variance of five (5) ft. from 50 ft. (the minimum lot width required
in an R-2 [Multi-Family Residential] district) to 45 ft. to allow a 105.96 ft. wide lot to
be split into 60 ft. and 45 ft. wide zoning lots.
2. A minimum lot size variance of 1,396 sq. ft. from 6,000 sq. ft. (the minimum lot size
required in an R-2 [Multi-Family Residential] district to 4,604 sq. ft. to allow a 10,624
sq. ft. lot to be split into 6,020 sq. ft. and 4,604 sq. ft. zoning lots.
3. A maximum lot coverage variance of nine (9) percent from 35 percent (the maximum
lot coverage allowed on an R-2 [Multi-Family Residential] zoned lot to 44 percent to
allow the existing improvements at 116 S. Penn Avenue (house and garage) to be
rebuilt if they are more than 50 percent damaged.
4. A front yard setback variance of two and one-half (2.50) ft. from 25 ft. (the minimum
front yard setback required in an R-2 [Multi-Family Residential] district to 22.50 ft. to
allow the existing dwelling at 116 S. Penn Avenue to be rebuilt in it s current location
if it is more than 50 percent damaged.
5. A maximum lot coverage variance of 13 percent from 35 percent (the maximum lot
coverage allowed on an R-2 [Multi-Family Residential] zoned lot to 48 percent to allow
the existing improvements at 110 S. Penn Avenue (house and garage) to be rebuilt if
they are more than 50 percent damaged.
6. A front yard setback variance of two and four -tenths (2.40) ft. from 25 ft. (the minimum
front yard setback required in an R-2 [Multi-Family Residential] district to 22.60 ft. to
allow the existing dwelling at 110 S. Penn Avenue to be rebuilt in its current location
if its more than 50 percent damaged.
in order to allow a 10,624 sq. ft. lot to be split into two (2) zoning lots. The property that
is the subject of this application is legally described as Lots One (1) and Two (2), less
the North 95 ft. thereof, in Block 7 of the Oakdale Addition to the City of Salina, Saline
County, Kansas and addressed as 110 and 116 S. Penn Avenue.
Mr. Andrew presented the staff report with visual graphics which are contained in today’s
meeting packet.
Chair Olson asked if there were questions of staff. There were none.
Chair Olson invited the applicant to address the Board. The applicant (Jessica McMillin)
said she had nothing to add.
Chair Olson asked if there were questions of the applicant. There were none.
Chair Olson stated this is a pretty straightforward application and expressed concern that
if they didn’t approve the variance requests it would affect their ability to rebuild in the
future and would leave the lots vacant.
Mr. Andrew stated staff received comments from a neighbor across the street, but after
additional discussion staff determined it was regarding a separate property at 120 S.
Penn where a house was recently demolished as a dangerous structure. He added that
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the neighbor was under the impression the applicant was proposing to construct new
buildings on the vacant lot at 120 S. Penn.
Mr. Herrs provided additional explanation about what the confusion was for the neighbor
between 120 S. Penn and the two lots on the agenda for today.
Chair Olson asked if there were comments or questions from members of the public in
attendance.
Chair Olson confirmed there were no comments or questions from members of the
public, closed the public hearing and brought this item back to the Board for discussion
and action.
MOTION:
Board Member Dorzweiler moved to approve Application
#V21-4 as presented with the condition that use of the property
be limited to single-family dwellings on both lots.
SECOND:
Board Member Miles
VOTE:
Motion carried 4-0
Miles recused herself due to conflict of interest on Item 3.2.
(3.2) Application #V21-5, filed by Caitlyn Barnes, requesting approval of the following
variances:
1. A minimum lot width variance of five (5) ft. from 50 ft. (the minimum lot width required
for a Group Day Care Home in an R-2 [Multi-Family Residential] district) to 45 ft. to
allow the establishment of a Group Day Care Home on a 45 ft . lot.
2. A minimum lot size variance of 1,500 sq. ft. from 6,000 sq. ft. (the minimum lot size
for a Group Day Care Home in an R-2 [Multi-Family Residential] district to 4,500 sq.
ft. to allow the establishment of a Group Day Care Home on a 4,500 sq. ft. lo t.
3. A maximum lot coverage variance of six (6) percent from 35 percent (the maximum
lot coverage allowed on an R-2 [Multi-Family Residential] zoned lot to 41 percent to
allow the existing improvements (house and garage) to be rebuilt if they are more
than 50 percent damaged.
4. A front yard setback variance of two and one-half (2.50) ft. from 25 ft. (the minimum
front yard setback required in an R-2 [Multi-Family Residential] district to 22.50 ft. to
allow the existing dwelling to be rebuilt in its current location if it is more than 50
percent damaged.
in order to allow a Group Day Care Home to be established on this property. The property
that is the subject of this application is legally described as the South 45 ft. of Lots 18
and 20 on University Place of the University Add ition to the City of Salina, Saline County,
Kansas and addressed as 133 South Phillips Street.
Mr. Herrs presented the staff report with visual graphics which are contained in today’s
meeting packet.
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Mr. Andrew referenced a previous scenario similar to this involving interaction between
the Board of Zoning Appeals and the Planning Commission. He then asked Mr. Herrs to
explain the concern they received from a neighboring property owner regarding off-street
parking.
Mr. Herrs stated a neighbor received n otification as part of this application process and
stated their concerns were more directed towards the group day care home use and not
the Board of Zoning Appeals’ action. He added that their concern had to do with traffic
associated with the day care causing additional congestion in the neighborhood.
Mr. Herrs presented the applicant’s plan to use the garage on the property for her and
her assistant to park in and having the loading / unloading area in front of the garage off
the alley, rather than using on-street parking and drop off.
Mr. Andrew stated that similarly with schools there are usually certain times of the day
where traffic is greater than normal due to loading / unloading of children on the street.
Chair Olson asked if there were questions of staff.
Board Member Dorzweiler asked what the occupancy limit is for a group day care home.
Mr. Herrs stated that a licensed day care allows for 10 children on -site and a group day
care allows for 2 additional children. He added that the difference is the allowance of 2
additional children and the requirement of having an additional care provider.
Mr. Herrs stated that if the Planning Commission chooses not to allow a group day care
home, the applicant still has the ability to have a licensed day care as a use permitted by
right.
Chair Olson invited the applicant to address the Board.
Caitlyn Barnes, 133 S. Phillips, stated she’s only watching 2 additional children and not
10. She added that she is the only person living there a nd has the ability to manage it
with the space she has. She has been operating in this space since April 1 st with limited
children due to the pending Conditional Use Permit and has had no problems, no
additional congestion on Phillips and no complaints from neighbors.
Chair Olson asked if she was running a group day care before this, but didn’t have her
lease renewed.
Ms. Barnes stated she didn’t have the option to renew her lease when it was up and was
given 60 days to find a new place.
Chair Olson asked if there were questions of the applicant. There were none.
Chair Olson asked if there were comments or questions from members of the public in
attendance.
Leigh Ann Montoy, Child Care Licensing Coordinator at the Saline County Health
Department, stated she’s been to the facility twice and noted no on-street parking by staff
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on either visit. She added that neighborhoods are where children belong and not in
industrial or commercial areas and not approving this would put four employees out of
jobs. She finished off saying this was an unfortunate situation with the rush the applicant
was put in when issues came to light after she purchased the property and she is
supportive of the application.
Chair Olson confirmed there were no comments or question s from members of the
public, closed the public hearing and brought this item back to the Board for discussion
and action.
Board Member Kraft stated this was similar to the other application discussed today and
doesn’t see anything wrong with this applica tion.
Chair Olson stated he sits on the Planning Commission and the Conditional Use Permit
being presented to that board is for this applicant only, so if she moved it wouldn’t be
used for a group day care home by anyone else.
MOTION:
Board Member Dorzweiler moved to approve Application
#V21-5 as presented, including the relief from the off -street
parking requirement to provide three (3) spaces.
SECOND:
Board Member Sharp
VOTE:
Motion carried 3-0 (Miles abstaining)
(3.2) Application #V21-6, filed by Kansas Wesleyan University, requesting approval of the
following variances:
1. A minimum lot width variance of 20 ft. from 60 ft. (the minimum lot width required for
multi-family housing in an R-2 [Multi-Family Residential] district) to 40 ft. to allow the
construction of three (3) student housing dwellings on a 40 ft. wide lot.
2. A minimum lot area variance of 1,667 sq. ft. from 3,000 sq. ft. per dwelling unit (the
minimum lot area required per dwelling unit in an R -2 [Multi-Family Residential]
district to 1,333 sq. ft. per dwelling unit to allow the construction of three (3) student
housing dwellings on a 4,000 sq. ft. lot.
3. A front yard setback variance of 16 ft. along Claflin Avenue from 25 ft. (the minimum
front yard setback required in an R-2 [Multi-Family Residential] district to nine (9) ft.
to allow the construction of three (3) residential dwellings on a 40 ft. wide lot.
4. A front yard setback variance of 14 ft. along Highland Avenue from 25 ft. (the
minimum front yard setback required in an R-2 [Multi-Family Residential] district to 11
ft. to allow the construction of three (3) residential dwellings on a 100 ft. deep lot.
in order to allow the construction of three (3) 22 ft. by 24 ft. two -story housing units on
this property. The subject property is legally described as the East 100 ft. of Lot 75 on
Highland Avenue in the Grounds of Kansas Wesleyan University, an addition to the City
of Salina, Saline County, Kansas and addressed as 1600 Highland Avenue.
Mr. Herrs presented the staff report with visual graphics which are contained in today’s
meeting packet.
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Chair Olson asked if there were questions of staff. There were none.
Chair Olson invited the applicant to address the Board.
Rhonda Bethe, Chief Financial Officer at Kansas Wesleyan University , stated they are
full with enrollment and she is excited for the potential these housing units will have. She
added they were looking for alternatives to traditional dorms.
Chair Olson asked if there were questions of the applicant.
Chair Olson asked if there was surplus parking with the current lot that’s there, and if
there were 8 people staying in there previously, but are now looking at 15 on people
staying on thi s lot with the proposed housing, i s there enough parking for the students
that would live there?
Ms. Bethe presented a map showing parking lots located on the campus and behind the
existing dorms to the north. She added Kansas Wesleyan plans to add parking in the
future directly north of the proposed buildings.
Chair Olson asked if students were given parking permits. Ms. Bethe stated they do not
charge for parking, but students are given passes in case something happens they know
who to contact.
Chair Olson asked if there were comments or questions from members of the public in
attendance.
Chair Olson confirmed there were no comments or questions from members of the
public, closed the public hearing and brought this item back to the Board for discussion
and action.
Board Member Miles stated this would be good use of the space for student housing.
Board Member Kraft stated it appears to be more spacious than a typical dorm but
doesn’t appear to create any problems with overcrowding.
Chair Olson stated this was a good idea and an interesting product to have on campus.
MOTION:
Board Member Dorzweiler moved to approve Application
#V21-6 as presented
SECOND:
Board Member Sharp
VOTE:
Motion Carried 4-0
Mr. Andrew stated this application and the group day care home application were both a
2-step process and the Board approving variances for both items made them eligible for
consideration at the next Planning Commission meeting in June.
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Mr. Andrew stated staff may not schedule any additional BZA meetings until they can get
a quorum, especially with Board Member Miles leaving. He added they do not anticipate
having a meeting in June and will keep communicating with the City Commission and
the City Clerk’s Office about the need for new members.
Chair Olson asked if there was anyone with the City designated to look for members and
help recruit.
Mr. Andrew stated that City Commissioners are supposed to help recruit and have been
notified of the Board’s need for additional members. He added that periodically the
Clerk’s Office will publish advertisements for open positions and state the need for
volunteers to serve on this board and others.
Chair Olson stated it seems there are a lot of openings to be filled with only 5
commissioners designated to help recruit.
Mr. Andrew stated we don’t anticipate having a meeting in June, and staff wishes Board
Member Miles the best.
Administrative Items
None
4. UNFINISHED OR OTHER BUSINESS
None
5. PUBLIC FORUM
NO MEMBERS OF THE PUBLIC
6. ADJOURNMENT
A motion was made to adjourn the meeting by Board Member Dorzweiler, seconded by Board
Member Miles and carried by vote.
The meeting adjourned at 5:10 p.m..
John Olson, Chair
ATTEST:
Dean Andrew, Zoning Administrator
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May 20, 2021
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Record of this Meeting
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