MINUTES
MAY 6, 2004 – 7:35 P.M., CITY COMMISSION MEETING ROOM, FIRST FLOOR OF CITY HALL AT SIXTH AND MASSACHUSETTS STREET, LAWRENCE, KANSAS
MEMBERS PRESENT: Mr. Goans, Mr. Hicks, Mr. Santee, Mr. Fizell, Mr. Herndon and Mr. Lane
STAFF PRESENT: Mr. Patterson, Mr. Tully and Ms. Saker
ITEM NO. 1: COMMUNICATIONS
The following communications were noted:
· Request for extension of the variances granted for Delaware Street Commons.
· Chairman Herndon said he had held an informal and inconclusive discussion with the applicant for Item 6.
· Mr. Lane indicated he would recuse himself from Item 5, as he would be speaking on behalf of his firm as the applicant’s representative.
· No Items were requested for deferral.
ITEM NO. 2: MINUTES
Several changes were requested to the minutes of the April 1, 2004 meeting.
Motioned by Chairman Herndon, seconded by Mr. Fizell to approve the minutes of the April 2004 meeting as revised.
Motion carried unanimously, 6-0.
Swearing in of witnesses.
ITEM NO. 3: LAWRENCE COMMUNITY NURSERY SCHOOL; 645 ALABAMA STREET
B-03-06-04: A request for a variance as provided in Section 20-1709.1 of the Zoning Ordinance of the Code of the City of Lawrence, Kansas, 2003. Said request is specifically to vary from the provisions of Section 20-608 of said City Code, which requires a 25’ front building setback for structures from the front property line. The applicant is requesting a variance to reduce the setback to 0’ to allow for the construction of a gateway structure at the sidewalk entrance to the property. Since the structure will be more than 3’ in height, a variance is required. The request applies to the following legally described property: Lot 165 in Block 56 in that part of the City of Lawrence known as West Lawrence; also beginning at the northeast corner of Lot 1, Block 2, in Lane Place addition to the City of Lawrence, Kansas, thence west 125’, thence north 24’, thence east 125’, thence south 24’ to the place of beginning, in the City of Lawrence, Douglas County, Kansas. Said described property is generally known as Lawrence Community Nursery School, 645 Alabama Street. Submitted by Mike R. Myers with Stan Hernly Architects, for Lawrence Community Nursery School, property owner of record.
STAFF PRESENTATION
Mr. Patterson explained the subject property was located in an RS-2 zoning district on the northwest corner of Alabama & 7th Street. The property had originally been used as a church then had converted to a nursery school. This conversion had occurred prior to the 1966 Zoning Code, which now required a Conditional Use Permit for this type of use. Therefore this application was the first ever regarding the subject property.
Staff considered the request for reduced setbacks to allow for the construction of a covered pedestrian entranceway to be similar to a carport, since the proposed structure would have five column supports.
The property was within the historical environs of the McCurdy House, 909 W. 6 th Street, and the Historic Resources Commission (HRC) had given the project a positive recommendation.
Staff recommended approval of the project as proposed.
BOARD DISCUSSION
Chairman Herndon asked if the Board considered it appropriate to expedite this consideration, or if additional discussion was needed.
It was determined that, considering the positive recommendation from Staff and the HRC, no additional discussion was warranted.
ACTION TAKEN
Motioned by Mr. Fizell, seconded by Mr. Goans to approve the variance for a reduced setback from 25’ to 0’ to accommodate construction of a covered pedestrian entranceway as proposed, based on the analysis presented in the body of the Staff Report.
Motion carried unanimously, 6-0.
ITEM NO. 4: 1629 BARKER AVENUE
B-03-07-04: A request for variances as provided in Section 20-1709.1 of the Zoning Ordinance of the Code of the City of Lawrence, Kansas, 2003. The variances are from the provisions in Section 20-1311 of said City Code, which requires an accessory building to be set back from an interior property line a minimum of 5’. The applicant is asking for variance approval to reduce the accessory building setback to a minimum of 2.4’ from the west property line and 1’ from the south property line. The variances are requested to allow for construction of a new garage to replace the one that burnt earlier this year. The property is located at 1629 Barker Avenue and is legally described as: Lot 1 in Hosford’s Subdivision of a part of Block 14 in Babcock’s Enlarged Addition to the City of Lawrence; and, The East Half of Lots 16 and 17, in George C. Smith’s Addition to the City of Lawrence, all in Douglas County, Kansas. Submitted by Mel Raynes with Complete Window and Remodeling, for Carey and Jean Johnson, property owners of record.
Mr. Patterson described the request to allow replacement of a detached garage that burned down last year, noting the subject property was surrounded on three sides by single-family residential uses. He showed an outline of proposed structure superimposed on the existing residence, which was built prior to 1920 and noted the existence of a sanitary sewer line inside the rear property line. It was unknown how wide or how deep this line was.
The applicant asked to reduce the southern setback to 1’, and the rear setback to 5’, facing the sanitary sewer line. The Utilities Department typically requires a 10’ setback from their lines, but had indicated a 5’ separation would be acceptable in this location.
Staff recommended approval of the variance, subject to the condition that the garage eaves did not exceed the property line. It was further recommended that the Board consider conditioning the building’s foundation be placed at a 5’ horizontal distance from the utility line, shifting the proposed structure slightly to the east.
It was verified that the primary structure was built prior to the adoption of the plat requirement that the City maintain a dedicated utility easement.
Staff responded to questioning that the rear yard was large enough to accommodate the proposed structure without needing a variance for rear yard coverage or accessory building size.
The public notice was written and published to reflect the applicant’s original request for a 2.4’ setback from the west property line.
APPLICANT PRESENTATION
Mel Raines, builder, spoke on behalf of the applicant, saying there was no opposition to moving the structure 5’ from the existing sanitary sewer line.
It was noted that the Public Works Department normally requested a 10 foot setback from the centerline of a sewer main but, in this instance, would allow a 5’ setback from the centerline of the existing sewer line.
PUBLIC COMMENT
No member of the public spoke on this issue.
BOARD DISCUSSION
Motioned by Chairman Herndon, seconded by Mr. Fizell to approve the variance for a reduced accessory building setback from 5’ to 1’ from the south property line, based on the analysis provided in the body of the Staff Report and subject to the following revised conditions:
Motion carried unanimously, 6-0.
ITEM NO. 5: 804 KENTUCKY STREET
B-03-08-04: A request for variances as provided in Section 20-1709.1 of the Zoning Ordinance of the Code of the City of Lawrence, Kansas, 2003. The variances are from the provisions in Section 20-1311 and 20-1312 of said City Code, which require an accessory building to be set back from the centerline of an alley a minimum of 13’; and, restrict the size of an accessory structure to no greater than 30 percent of the required rear yard area. The applicant is asking for variance approval to reduce the accessory building setback to a minimum of 12½’ from the centerline of the alley; and, an accessory building size of 482 s.f., which is 184 s.f. larger than permitted by Code (300 s.f. allowed). The variances are requested to allow for construction of an addition to the existing garage. The property is located at 804 Kentucky Street and is legally described as: Lot 48 on Kentucky Street in the Original Townsite of the City of Lawrence, Douglas County, Kansas. Submitted by J. Stephen Lane, Architect, for Lee M. Hubbell and Gary R. Samuelson, property owners of record.
Mr. Lane was recused.
Mr. Tully explained the applicant’s request to reduce the accessory building setback from the centerline of the alley from 13’ to 12.5’. There is also a request to increase the rear yard coverage of the accessory structure from the 300 square feet allowed by Code for a lot this size to 482 square feet.
The 157 square feet in additional size for the garage was proposed to accommodate two cars and the entire structure would be (re) designed to match the primary structure.
Staff found it difficult to support a claim that granting the variance would adversely affect neighboring properties because the Board had approved a 616 square foot garage for the adjacent property.
Additionally, strict adherence to the Code requirements would result in an allowable garage measuring only 300 square feet. This posed a hardship the property’s current garage already exceeded that measurement but would not accommodate two cars.
The Historic Resources Commission had given a positive recommendation for the project at their April 2004 meeting.
The applicant was requesting a garage with final dimensions of 22’ X 22’, which was smaller than the Board standard of 528 square feet (24’ X 22’). However, it was Staff’s opinion that any additional square footage on this lot would be overdevelopment and the request did not meet the Five Criteria for granting a variance.
Staff recognized that this property backed onto commercial uses and that the width of the lot and the RO-1 setbacks made this a somewhat unique situation. However, based on strict interpretation of the regulations, Staff recommended denial of both variances.
APPLICANT PRESENTATION
Stephen Lane, Stephen Lane Architects, spoke on behalf of the applicant. He presented photographs showing the (visually unappealing) alley side of several commercial and restaurant uses facing this property’s rear yard.
Mr. Lane explained this view made the rear yard of the subject property useful for little other than the proposed garage use and noted the much larger garage structure approved for the adjacent property.
It was verified that the existing garage was equipped with electricity, but no additional utilities (water, sewer) were intended for the new structure.
PUBLIC COMMENT
No member of the public spoke regarding this issue.
BOARD DISCUSSION
The Board discussed the extensive precedent set (after much past deliberation) for garages of 528 square feet in size on the smaller lots of this area and noted that this request involved a structure smaller than 528 square feet.
ACTION TAKEN
Motioned by Mr. Hicks, seconded by Mr. Goans to approve the variance for an increase in the maximum rear yard coverage from 300 to 482 square feet and to reduce the required rear yard setback from 13’ to 12.5’.
Motion carried 5-0-1, with Mr. Lane recused.
ITEM NO. 6: 1933 LEARNARD AVENUE
B-04-09-04: A request for a variance as provided in Section 20-1709.2 of the Zoning Ordinance of the Code of the City of Lawrence, Kansas, 2003. The variance is from the requirement for an accessory building to be elevated a minimum of 1’ above the base flood elevation of the 100-year floodplain as required under the provisions of Section 20-9A04(e)(3)(i) of said City Code. The applicant is asking for a variance to allow the building to be placed at an elevation of 853.25’ M.S.L. rather than the required 854’ M.S.L., based upon an 853’ M.S.L. base flood elevation per the effective Flood Insurance Rate Maps (FIRM) dated November 7, 2001, for the community. The request is made to allow for the construction of a new accessory for the following legally described property: North 1 acre of the East 2 acres of the North 4 acres of the South 10 acres of the North 15 acres of the West 19 acres of the NW ¼, of the SE ¼ of Section 6, Township 13 South, Range 20 East of the 6th Principal Meridian, less the NE ¼ thereof, in the City of Lawrence, Douglas County, Kansas. Said described property is generally known as 1933 Learnard Avenue. Submitted by Christopher O. Cunningham, property owner of record.
STAFF PRESENTATION
Mr. Tully introduced the Item, a request to allow development of an accessory building without elevating a full 1’ above base flood elevation as required by the City Floodplain Regulations. This request was intended to minimize floodplain fill and reduce construction costs.
Staff presented a map of the current floodplain in relation to the subject property, noting that the floodplain location would be altered by City updates by end of summer 2004. According to the City Stormwater Engineer, Chad Vogt, this change would remove the subject property from the floodplain.
Based on Mr. Vogt’s statement and consideration of the Five Criteria, Staff recommended approval of the variance as requested.
APPLICANT PRESENTATION
Christopher Cunningham, property owner, explained an existing slab and foundation wall laying about 4’ from the property line were in poor condition and needed to be replaced. When discussing this construction with Neighborhood Resources, it had become apparent that the property lay within the currently-designated floodplain.
It was noted that the elevation points for the subject property had been established by Bartlett & West as part of an overall survey of the creek running near the property.
PUBLIC COMMENT
No member of the public spoke on this issue.
BOARD DISCUSSION
The Board discussed the fact that the property would soon be removed from the floodplain and the property owner would then be able to go ahead with the construction as proposed without a variance.
ACTION TAKEN
Motioned by Mr. Lane, seconded by Mr. Fizell to approve a variance to allow construction at an elevation of 853.25, less than 1’ above base flood elevation, based on the analysis presented in the body of the Staff Report.
Motion carried unanimously, 6-0.
ITEM NO. 7: MISCELLANEOUS
Staff explained the project had been delayed by inactivity a number of times and it was believed a building permit would not be applied for prior to the June 3, 2004 expiration date for the variances currently approved.
It was verified that the original variances for this project had expired. New variances were then granted and this was the first extension requested for those “duplicate” approvals. This extension, if approved, would be measured 90 days from the current June 3 expiration date.
ACTION TAKEN
Motioned by Mr. Hicks, seconded by Mr. Goans to approve a 90-day extension to the variances granted for Delaware Street Commons.
Motion carried unanimously, 6-0.
ADJOURN – 8:40 p.m.
Official minutes are on file in the Planning Department Office.