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CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
01/23/2006 4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT: APPROVED FOR
AGENDA:
ITEM
NO.
Page 2
DEVELOPMENT SERVICES
DEAN ANDREW
6.
I
!
Parking - May only cover 50% of any required front yard. Any new ot enlarged parking area
must be paved with asphalt or concrete. I
Signage - One (1) ground or one (1) pole sign per zoning lol Detached signs must
maintain a ten (10) foot front yard setback and may not exceed a heirht of eight (8) feet.
Screening - Required on any lot lines that abut a residential district. I
BY:
BY:
7.
8.
*The areas where the existing use of the property may not be in comp iance with C-1 standards
include front yard setbacks, front yard parking, and lack of screening. I
Suitability of the Site for Development Under Existinq Zoninq !
I
This factor deals with whether there are substantial reasons why the SUbje~t property can or can not
be used in accordance with the existing zoning. I
The subject property is a corner lot with 80 ft. of frontage on Iron Avenue, an arterial street. The
property is very suitable for continued use as a residence under the curre 1t R-2 zoning. Due to the
physical location of the existing dwelling and detached garage on the propE rty it would be much more
challenging to convert the existing structure to an office or other busines~ use due to the driveway
location on Iron and the lack of available space to add off-street parking.
The applicant believes this is a suitable location to establish her office due tJ the Iron Avenue frontage
and proximity to Ohio Street. Staff would note that a similar conversi In has occurred at 1716
Highland (Northwest corner of Cloud and Highland) where a home reZOnE d to C-1 in 1980 is being
converted to an insurance office. Available space for parking was an issue here as well.
The question for the Commission to consider is whether the subject prqperty is more suitable for
continued residential use or conversion to office use. I
I
I
Character of the Neiqhborhood I
I
The factor deals with whether the requested C-1 zoning would be compatibl~ with the zoning and uses
of nearby property. I
I
The surrounding neighborhood to the north and east is predominantly sinmle-family residential. The
residential area consists of modest, well kept homes and appears qui~e stable with few vacant
dwellings. A duplex, two apartment buildings and an auto dealership are Ilocated to the west of this
corner lot. Commercial zoning extends from Ohio Street to Connecticut oh the south side of Iron to
accommodate a Green Lantern Car Wash. There is no commercial zoning lor other business or office
uses along the section of Iron Avenue between Connecticut and Delaware.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
01/23/2006 4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT: APPROVED FOR
AGENDA:
ITEM
NO.
Page 3
DEVELOPMENT SER\1ICES
DEAN ANDREW.
BY: BY:
The proposed use, an insurance office, is of relatively low impact on th neighborhood as presently
developed. If the property were zoned C-1, the use could be expand d and I or new uses and
buildings could be established. Because the property is small in size only a small office building could
be built on the site.
The zoning of the neighborhood is predominantly R-2 Residential. Chan ing the zoning of this parcel
to C-1 could be considered "spot zoning" and could lead to further req ests from nearby property
owners. A change to commercial zoning on the corner of Iron and Conn cticut also raises questions
about the appropriate zoning for and future use of the property between 0 io Street and this property.
Potential Alternatives to C-1 Zoninq
The first alternative would be to rezone the property to R-2.5 (Multi-F mily Residential). R-2.5 is
preferable to R-3 in that the same uses are allowed but R-2.5 is less den e and more suitable for the
site should it be developed residentially. If rezoned to R-2.5, a Conditi nal Use Permit application
along with a binding site plan could be submitted for a professional office. Professional offices may be
allowed in R-2.5 provided that they are located on an arterial or collector s reet and occupy a structure
of less than 2,000 square feet of gross floor area. With R-2.5 zonin , no Comprehensive Plan
amendment is needed and the commercial "spot" zoning ceases to be an ssue. The subject property
is located on an arterial street, however, a minimum lot size of 15,000 sq. ft. of lot area is required for
conditional uses in the R-2.5 and R-3 districts and this lot contains onl 8,240 sq. ft. so a lot size
variance would also have to be approved in addition to a Conditional Use ermit.
The second alternative would be to amend the request to Planned C-1 zo ing. A site plan would also
need to be submitted by the applicant. With PC-1 zoning site plans can be made binding and
conditions can be placed on the use of the property.
Neither of these alternatives addresses the real challenge with this prope y which is the lack of space
available to accommodate commercial off-street parking. I
Public Facilities and Services .
Since no change to the existing structure is being proposed, a change in I oning should not have any
impact on the need for public utilities or services. i
I
Traffic, Access, Parkinq
The primary concern about this request is the availability of parking and t~e lack of available space to
add parking. A minimum of 3 off-street parking spaces would be needed to serve an insurance office
in this location and possibly 4 if an agent is added. Commercial parking paces can not be designed
so as to require backin into a street so some t e of on-site turnaround w uld be needed so cars can
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
01/23/2006 4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMl=NT: APPROVED FOR
AGENDA:
ITEM
NO.
Page 4
head out into Iron.
DEVELOPMENT SERVldES
DEAN ANDREW
BY: BY:
Off-site parking spaces within 600 ft. may be counted toward meeting the parking requirement. On
street parking can not be counted.
Conformance with the Comprehensive Plan
Land Use Map - The Comprehensive Plan shows this site as being appr Jpriate for residential use.
Rezoning to C-1 (Restricted Business) would not be consistent with th s residential designation,
however, the nature and scale of this particular request does not justify ar amendment to the future
land use plan without looking at the other property on the north side of Iron.
Planninq Commission Recommendation
The Planning Commission conducted a public hearing on the applicant's rezoning request on
December 20,2005 and considered the following alternatives:
1. Approval of the applicant's request for a zoning change from R-2 to C-1 zoning to allow
conversion of this residence to office use.
2. Approval of a lesser change to R-2.5 or R-3. This would also require approval of a Conditional
Use Permit and lot size variance.
3. Direct that the application be amended to Planned C-1 which would allow the Commission to tie
any zoning change to a site plan, allow potentially incompatible uses to be deleted and allow
conditions to be placed on approval.
4. Table consideration of the request if it feels additional informati,Jn is needed or a more
acceptable site plan needs to be prepared.
5. Recommend denial of the applicant's request for C-1 zoning which means they would need to
search for an alternative location for their office.
Following presentation of the staff report, comments from the applicant and comments and questions
from Commissioners, the Planning Commission approved a motion (4-3) to recommend denial of the
request for C-1 zoning citing concerns about spot zoning and the physical a terations that would need
to be made to the property to accommodate parking for an office.
At this point the applicant had the option of withdrawing their application, modifying their request or
askinq the City Commission to consider their application for C-1 zoning and overrule the
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
01/23/2006 4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPART~ENT: APPROVED FOR
, AGENDA:
ITEM
NO.
Page 5
recommendation of the Planning Commission. The applicant chose to apl eal the recommendation of
denial from the Planning Commission and retained the services of an 3rchitect to depict how the
property could be converted to office use and how parking could be a ccommodated on the site.
Those plans are attached. This plan differs from, the plans reviewed by tt e Planning Commission by
proposing removal of the detached garage on the property and extensior of a new driveway over to
Connecticut.
DEVELOPMENT SER~ICES
DEAN ANDREW!
BY:
BY:
COMMISSION ACTION:
If the City Commission concurs with the recommendation of the Planr ing Commission a motion
should be made to deny Application #Z05-12. (This would require 3 affirmative votes).
If the City Commission disagrees with the recommendation of the Plan ling Commission it may 1)
overturn the Planning Commission and approve this request for C-1 zon ng provided there are four
(4) votes in support of such action; or 2) return the application to the Planning Commission for
reconsideration of other alternatives citing the basis of its disagreement wi h the recommendation.
The City Commission also has the option to direct the applicant to amend heir application to Planned
C-1 if the Commission wishes to condition approval of a zoning change 01 a specific plan for the site
or wishes to restrict the number of C-1 uses that could be placed on the si e.
End: Application
Vicinity Map
Existing site conditions
Applicant's proposed site development plan
Excerpt of PC Minutes 9/20/05
cc: Sally Enfield
Warren Ed iger
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Sally J. Enfield
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East Iron Ohio to Sma Hill River
North Side Of Iron
Ohio East To Connecticut
Business/Commercial Johnson & Associates Auto
1101 Elron
Bryon Apartments (3.5 story)
1113E.lron
Bryon Apartments (2.5 story)
1111 E Iron
1121 E Iron (Rental)
1123 E. Iron Rental
Office/Commercial
(Converted Home)
Business / Residence
(Converted Home)
Business/Commercial
Indiana East to Wisconsin
Office/Commercial Kathy White, CPA
1329 E Iron
Utility
Power Sub-station
South Side Of Iron
Ohio East to Connecti ut
Business/Commercial Gree Lantern #2
&
Car Wash
1100f.lron
(Full I lock)
I
Delaware East to Indi na
Office/Commercial The arket Plaza
1300 . Iron
(Va nt)
Commercial
Indiana East to Wisco sin
Commercial/ Reed Steer
Restaurant 1400 E Iron (?)
Vaca t
Office/Commercial Woo land Offices
1410 E. Iron
Iron Wood Apartments
1409 A & BE Iron
Lakewood Eye Center & Others Office/ Commercial
1499 E Iron
Exec tive Plaza
15001516 E Iron
Multi-Family Quail Creek Apartments
Apartment Bldgs (2) 1515 E Iron
Office Commercial
Salina Foot Clinic & Others
1529 E Iron
Office/Commercial
(Converted Home)
Wisconsin East to Riverwood Circle
Wisconsin East to Iow$
Commercial Laura's Retail Liquor
(Converted Home?) 1600iE. Iron
Riverwood Circle East to River Place
Office/Commercial Kans 5 Financial SVC5
State Farm Ins. (Joe Seed)
1612 E. Iron
Commercial Del's Muffler
1622 E. Iron
Iowa to Smoky Hill Ri er
Office/Commercial
Office/Commercial
Salin Board ofTrade
1700 E. Iron
~vf Publication Date Application
!:i 11/29/2005 No. Z05-12
Hearing Date 12/20/2005 Date Flied
SalIna 11/18/05
Vicinity Map Attached KG Filing Fee
Platulhlg if
CaDnilllAitQ OWnership Certificate KG Receipt No.
n..v..1..,,.,"'....t
13, Explain how off-street parking will be provided for this requested use~
1fA./ /') 7S/fc.t:.. '!:/!!-,. -a hllA..../ }r,.f ~.-t.
2.
3.
4. Owner's Address (S,
()
5. legal Description of Property to be rezoned (attach additional sheet if necessary)
6. ApproxImate Street Address
7. Area of Property (sq. ft. and/or acres)
8. Present Zoning '-if.:2..
9. Requested Zoning el
14. List exhibits or plans submitted: ~
~=2f;?~
Date: II r,/ !' ,. .;J..jJ(j.)....-'
Owner(s)
Signature
Date:
If the applicant Is to be represented by '.gal c::ounsel or an authorized agent, pleir.Ml completlJ the follovvi 9 in order that
correspondence and communications pertaining to this appliClltion may be forwarded to tI1e authorized ndividual.
Namo of roprosontatlve:
Complete Mailing Address, Ineludlng zip c::ode
Telephone (Business):
E-mail address:
PLF - 051, Application Amendment to District Zoning Map, Rev. 10-2005
10110 39\;id
A:JN39\;i:Ul3I..:JN3
(;018E8EE 15
99:P1 900(;/1(;/11
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EAST IRON AVENUE
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; ~ II! PROPOSED SITE PLAN
i It SALLY ENFIELD
..~ 1125 EAST IRON
. I ~f'!l SALINA, KANSAS
!!! PROPOSED SITE PLAN
ZONING CHANGE - APPEAL
e Warren Ediger/ARCIDTECT
116 South Santa F.
P. O. Box 1821
Salina. Kansas 67402~1821
TEL 785.823.7547
FAX 785.823.0636
Salina Planning Commission
December 20,2005
Page 4
Item #3.
Application #Z05-12, filed by Sally J. Enfield, requesting a change in zoning
district classification from R-2 (Multi-Family-Res~dential) District to C-1 (Restricted
Business) District to allow a home to be conv~rted to an insurance office. The
subject property is legally described as Lot F~urteen (14) and the East Thirty
Feet (30') of Lot Thirteen (13) except the Northj Forty-Seven (47') of said lots, in
Block One (1) of the Fruitland Addition to th~ City of Salina, Saline County
Kansas and addressed as 1125 East Iron.
Mr. Andrew gave the staff report which is conta ned in the case file. He stated
that Mr. Johnson may have some additional con erns about backing into Iron.
Mr. Johnson stated thank you I think Dean pr tty well covered my concerns
with respect to a commercial business having c rs back into an arterial street.
Mr. Simpson stated if it is used as a residence n this off-street parking issue if
it's a double garage does that count as 1 car or spaces?
Mr. Andrew stated a double garage generally co nts as two spaces.
Mr. Funk asked does that R-2.5 with that alter ate #2 would that run with the
land if the insurance business were ever closed.
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Mr. Andrew stated a Conditional Use Permit do s run with the land. You as a
Commission would be saying that the property i suitable for that use. Say for
example you had approved a group day care at a location at a house and
somebody sold that as a house, they could run a group day care in that
location. That would run with the property because you made a determination
that that location was suitable for that use reg rdless of ownership. The only
thing I was suggesting if in this case the applica t was going to reside there and
that was important in your decision, one thing hat the Planned C-1 would do
would allow you to make that a condition, that it ould only be suitable for office
use if the business office owner/operator resided there. So that could be a
condition, but otherwise the only reason we didn t really push for the R-2.5 or R-
3 is this is not so much a question about the u e of the property as it is about
parking.
Mrs. Soderberg asked what are the other uses t at are included in R-2 or if this
was zoned as an office what else could come in.
Mr. Andrew stated the only thing that R-2.5 all ws that R-2 doesn't would be
multi-family apartments, in other words somethin like what is built farther to the
west can be built in R-2.5 but that's really the nly difference is that the R-2.5
and R-3 allow a greater number of living units t an R-2 does. In R-2 you are
limited to a duplex or single family home.
Mrs. Yarnevich asked well how does changing i to R-2.5 or R-3 help, why not
leave it as R-2 with a conditional use?
Mr. Andrew stated because R-2 doesn't allow off ces.
Mrs. Yarnevich asked but R-2.5 does?
Mr. Andrew asked yes R-2.5 does as a condition~1 use.
I
Mr. Simpson stated but it would still have to be a waiver of the 15,000 sq. ft
requirement?
Mr. Andrew stated when we first discussed this t at was kind of the direction we
had discussed, but looking at the minimum I t size requirement and then
determining that we had 8,200 sq. ft. that wo Id have required more steps,
essentially a variance to that requirement. Tha is still an option but it would
require that a variance be approved for the lot size. Most of our discussion
Salina Planning Commission
December 20, 2005
Page 5
focused on the fact that regardless of whether this is R-2.5 or C-1 you still have
the same amount of parking that's going to be required.
Mr. Simpson are there any more questions at tHis point? Can we hear from the
applicant? Please state your name and addresS for the record.
Hi, I am Sally Enfield and I currently reside inl Prairie Village, KS. My office
address is 7211 West 98th Terrace in the Wind ill Village office condo and I live
at 8421 Briar. I will give you some business ca ds that have an 800 number. I
appreciate both the work of the staff and your a tention to this matter. Basically
what has happened is I started an agency in verland Park about two years
ago and then my mother's health began to fai and I am the caretaker. She
lives in Hutchinson, KS but I need to bring her i to my home so I worked out a
deal with Allstate which is pretty rare that I w uld sell them back my book of
business in Kansas City and I would acquire a book of business in Salina and
when I did that of course my first desire was t be in the downtown area but
there is already an agent there and there is a one mile requirement between
agents. Allstate is wanting to expand their b ok of business throughout this
area so there will be five agents as of March f next year. I think there had
been three or four before. When I was looking t locations I did look at renting
but I am very Midwestern and I like to actually 0 n the property I sit in. I like to
build equity and so I was trying to find an offic space that had an ambiance
that would make customers feel welcome as ell as one that was close to a
nearby business district and there are not a 10 of pods that meet those one-
mile requirements by Allstate. So I started c ncentrating on Iron and it just
happened that this house came up for sale and after talking with Dean and his
staff I felt that it would work and went ahead an took the risk Dean and I went
ahead and bought it anyway. I closed on it 12-9 When it comes to living there,
I do plan to live there while I am opening the a ency and while I am selling my
properties in the Kansas City area. I own se eral businesses as well as a
home up there so it's going to take me awhile t transition. I hope eventually
once I have everything sold to actually buy an ther house as well as this one
and I have already bought a building downtow. I am trying to move all my
businesses here and if you have any questions bout the agency or my plans I
would be more than happy to answer them.
Mrs. Yarnevich asked how many people do you I xpect to work in the office with
you? r
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Ms. Enfield stated my goal initially is I will op n it by myself but I would like
within the first three months to hire either ustomer service or an office
administrator because I will be acquiring some here between 700 and 1000
accounts so the customer service issue is ma or. Then once I have gotten
through that I think there will be one other sales erson other than myself. So I
really see the offices having 3 people over the n xt 2-3 years.
Mrs. Soderberg asked so your plan is you will ive in the structure short term
and you will purchase a house and live in that in he future?
Ms. Enfield stated right I will live here until I ha e gotten all my properties sold
in Kansas City but I don't plan on converting th upstairs to offices because it
wouldn't easily be handicapped accessible so t ere will always be a bedroom
area upstairs.
Mr. Funk asked you don't plan to rent that space ut?
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Ms. Enfield stated no I really don't enjoy renting residential property. I don't
mind office property but I am not a good fixit perspn.
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Mrs. Yarnevich stated the only parking we haje is the on-street parking on
Connecticut is that right? Because if you ha e three people working there
that's going to pretty much take up the driveway.
Ms. Enfield stated well again the garage can be sed.
Salina Planning Commission
December 20, 2005
Page 6
Mrs. Soderberg stated as long as it is residential right Dean?
Ms. Enfield asked you can't use the garage at thlat point?
,
Mr. Andrew stated in a business setting you could not have cars stacked so you
had to move one to get the other one out. Th. arrangement of having cars in
the garage and two cars in behind there wo Idn't be really workable. You
should be able to get out of a space without ha ing to move another car so the
way we were seeing it is if your car was there s owner and probably even as
business owner parked in the garage then you ould have really room for two
other spaces side by side and then possibly a d conceivably one other but I
think the real question is if you have three vehicles there where are the
customers going to park when they come unles all the employees are parked
up at the north end and you also utilize the gara e?
Mrs. Soderberg asked what is the requirement or 3 employees and office use
like this?
Mr. Andrew stated it is always good informa ion to know the employment,
sometimes we don't, but the rule of thumb is one space for every 300 sq. ft. of
office space. On the floor plan that we look d at we were coming up with
anywhere from close to 900 to over 1,000 sq. . of office space that might be
available so we were coming up with a minim m of 3 spaces and possibly 4
depending on how of the ground floor was used for office space. There looked
like there was another space potentially for an gent as well as administrative
staff. So being very conservative we determine at least three parking spaces
and possibly a need for a fourth. Again as a pr ctical matter some people may
park out on Connecticut but there is still a requir ment to support a use that you
do provide off-street parking so you have not ntirely met your obligation by
pushing the parking to the street. We certainly ave cases of medical clinics or
dental clinics that as a matter of practice the e ployees are directed to park in
the street which is permissible to save space fo the patients. But in this case
just based on the office staff, without taking int account customers, at least 3
spaces, one could be in the garage for the ower, two possibly for the other
agency employees. The question of conceiv bly you could have vehicles
parked side by side but it is simply not desir ble, even if you have agents
parked at the north end to have a customer who might be there have to move a
car then have them back around. So that would be highly unusual to have that
kind of stacking arrangement within that parking area. You could with a double
wide driveway accommodate up to 4 cars ther between the garage and the
turnaround but it would require moving cars to b ck other cars out.
Ms. Enfield asked what about the issue of expan ing the drive all the way to the
lot line which would allow for three car width is th t within the zoning?
Mr. Andrew stated we would look at a car width s being 8 Y2 ft. or 9 ft. It looks
like conceivably you could have up to 28 ft. to w rk with which would maybe get
you three abreast across there but you would h ve a house on one side and I
don't know if there is a fence or any impedimen on the other side but it would
be relatively tight but if you widened that yo could conceivably get three
abreast across there.
Mr. Schneider asked all of the cars are still cking onto Iron under any of
those alternatives right?
Mr. Andrew stated you would have to construct ~ turnaround there so that the
idea is that if anybody parked here they could ba~k in and head out for visibility
purposes. :
,
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Mrs. Soderberg stated so all that yard area would be removed including those
two big trees on the west side there. I
Mr. Schneider asked you don't have to be 7 ft. off1the property line on that side?
Salina Planning Commission
December 20, 2005
Page 7
Mr. Andrew stated you can put your driveway up to the edge of your property.
There is no setback requirement for a driveway surface.
Mrs. Yarnevich asked if the trees are removed and if you park cars in there
diagonally could a car pass in between the back side of an automobile and the
house?
Mr. Andrew stated you could but if you park th m at an angle there you would
still have to back out so that is part of the chall nge of the tightness of the site
is that once you are in there the only way to get back out is backing not heading
out and that is what is challenging about it.
Mrs. Yarnevich stated then you have an issue 0 people parking in your back up
area.
Mr. Andrew stated it is a backing movemen of some kind and from our
perspective it doesn't work at all without the tur around to allow people to head
back out onto Iron.
Mr. Funk asked now your calculation for the nu ber of spaces needed you said
three or four is for employees and customers bo h?
Mr. Andrew stated right, the way we calculate it is not necessarily based on
employment because some offices can use th space differently, but when a
building is built or retrofitted and we don't alwa s have an exact breakdown of
the inside so the parking for offices is base on the office space that is
available. That is designed to accommodate oth customers and employees
and in some cases it is not enough and in so e cases we have offices and
medical facilities where there is a necessity to u e the street for parking but we
ask businesses to provide a minimum number 0 their own site.
Mr. Funk asked this type of insurance that you handle, do customers come to
your office more often or do you go visit them at heir site?
Ms. Enfield stated frequently it depends on the r preference, a lot of my older
customers want me to come to their home just Ii e insurance agents used to so
I do that. I would say that and I was up to thr e employees in Overland Park
and you rarely had more than one customer in t ere at a time. Once in awhile
somebody would drop by to make an appointm nt and you might have two but
it is not like a doctor's office where you have peo Ie scheduled on every hour or
half hour. So basically Allstate offers personal Ii es as well as commercial lines
and they are also affiliated with health care pi ns but I haven't seen a lot of
volume in the office where I am currently located
Mrs. Soderberg asked could we see the view of he actual house? Dean could
you kind of give us an idea of how that turnarou d how it would it come, about
to the middle of the house?
Mr. Andrew stated you are looking at probably cutting this area about in half
and starting a taper here coming in to maybe ab ut to this pillar or thereabouts
to get a car in there and have it be able to turn ar undo
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Mrs. Soderberg stated and then the grass we are also seeing would be
concrete there as well?
Mr. Andrew stated for the west side of that, ~he east half of that and the
Connecticut side of course would be left pretty m ch undisturbed but in order to
get the depth you need we were projecting it w uld probably go to the center
point of that house or porch.
Salina Planning Commission
December 20, 2005
Page 8
Ms. Enfiled stated it looked like there would actually be a strip between the
concrete and the edge of the property line which could be landscaped. I think it
could be handled fairly attractively with some floWers.
Mrs. Yarneicich stated oh I see where it curves, that is grass still?
Ms. Enfield stated yes.
Mrs. Yarnevich asked how are you going to keef people from parking in the fire
zone? I
Ms. Enfield stated I would assume you would d like any fire zone. You would
paint it double yellow so they would know it as a turnaround not a parking
spot. I would assume that anyone that would b working for me would park on
the street. I don't think it would be that big of an issue. In fact if I were
handicapped having to get a chair out I would park on the street anyway
because you have already cut down the cur s so it makes for pretty easy
access to the sidewalk. ~
Mrs. Soderberg asked are there any ADA i sues with converting this to
commercial use?
Mr. Andrew stated interestingly enough if you leave something substantially
unchanged or untouched there are no require ents for retrofitting. But if she
did a major alteration of the inside then she would have to take a certain
amount of funds spent on that under her buildin permit and make accessibility
improvements.
Mrs. Sodeberg asked so simply changing the zoning doesn't affect that?
Mr. Andrew stated not if you don't change the tructure itself. So by virtue of
making it an office it doesn't necessarily m an that she has to make it
accessible. That is driven by physical alterati ns of the property not just a
change in use. There would probably be a need to work with one of the parking
spaces that would be available for the public an design it in a way that it was
van accessible or had a van unloading space f r customers or for a potential
employee. That is the part of ADA that doesn,t always make sense that the
parking would have to be accessible but you arel not required to make changes
to the building itself. i
,
Mr. Simpson asked is there anyone else Wh~ would like to address this
application? Seeing none, we will bring it ack to the Commission for
discussion and action.
i
Mrs. Soderberg stated I would like to see Ms. E field come to Salina and have
a business I just don't think this is the right place. It does seem like spot zoning
to me for one thing. To rezone it commercial th n opens it up for a lifetime of
other maybe higher impact uses than what she IS seeing. To take those trees
out and put a fence up and then concrete so mu h of that certainly changes the
character of that area. The parking seems to e still with every effort that is
being made to make it work a problem. I don't s e that fitting for office use.
Mrs. Yarnevich stated the parking makes me r~IIY nervous and the fact that
there is a house right next to it and it isolates th house next door to be stuck
between an office building and an apartment buil ing.
Ms. Enfield stated this is a duplex.
Mrs. Yarnevich asked it's a duplex?
,
Ms. Enfield stated this is the only single family thE1re.
Mr. Funk stated but under alternative #3, Plan~ed C-1, it would pretty much
restrict it to this particular use in the future even if she sold it.
Salina Planning Commission
December 20, 2005
Page 9
Mr. Andrew stated well you would have that ability under a Planned C-1 to limit
it, to not allow some of the other uses. You !could limit it to the use of the
existing structure and things of that nature. It is not a cure all but what a
Planned C-1 does is allows you to tie the zoni~g change to the plan and also
gives you some discretion to limit things throuqh conditions. It limits the ability
to change it into something else that isn't being I proposed today. But it doesn't
cure some of the things that Commissioner Sod rberg was referring too.
Mr. Funk stated between recommendation #2 and #3 which one would you
prefer? I guess I am going with three.
Mr. Andrew stated I think for our purposes this was a case where the
conversion to a different use based on the fa t that the block has other no
single family in it was not so difficult, it was ho do you make this site work for
any type of office related use just because of ho tight the site is and how there
is no place on Connecticut really to do anything, so the reason we are here with
the C-1 request is because we thought with th R-2.5 and the R-3 the 15,000
sq. ft. lot size requirement was a difficulty that w uld be difficult to overcome.
MOTION: Mrs. Soderberg stated Mr. Chairman I move tha we deny Application #Z05-12.
SECOND: Mrs. Yarnevich
VOTE: Motion carried 4-3 (Funk, Mikesell, Simpson).
Item #5. Other Matters.
Mr. Andrew stated in terms of other matters again we will not meet on January
3rd, the first Tuesday of January. We will meet t e second Tuesday and we will
have a final site plan for your consideration out t Riffel and S. 9th Street across
from the TSC store and then we have a prop sed plat for development of a
former farmstead that's on South Ohio. It is kin of squeezed in between Neal
Avenue and the Catholic Church just to the e st of Trinity United Methodist
Church and it is between 3 and 4 acres and the e is a plan for subdividing that
for housing and that will come before you on the ih as well.
There being no further business the meeting adjourned at 4:45 p.m.
C0~~
Dean Andrew, Sec tary
ATTEST:
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SITE PLAN
1125 East Iron