BOARD OF ZONING APPEALS

NOVEMBER 2, 2006 – 6:30 P.M.

Meeting Minutes (approved by BZA on December 7, 2006)

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Board members present: von Tersch, Goans, Bowman, Carpenter, Blaufuss and Lane. Absent Emerson.

Staff present: Patterson, Zollner.

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Swearing in of witnesses.

 

ITEM NO. 1A:     COMMUNICATIONS

There were no additional communications for the Board.

There were no ex parte communications disclosed.

There were no deferral requests to consider.

 

ITEM NO. 1B:     ELECTION OF OFFICERS FOR 2006-2007

Motion by Goans, nominating Steve Lane for chairperson and Marjie Blaufuss for vice-chairperson, seconded by von Tersch.

 

Motion carried 6-0.

 

Lane became chairperson for remainder of meeting.

 

ITEM NO. 2:     MINUTES

Goans - minor changes noted for pages 2 and 3.

 

Lane - observation on page 2, thought they actually had quite a few questions and comments.

 

Call for motion, Bowman stating he will abstain.

 

Motion by Blaufuss, seconded by von Tersch to approve the September 7, 2005 meeting minutes as modified.

 

Motion carried 5-0-1, with Bowman abstaining due to not being on the board at the September meeting.

BZA meeting 11/02/06

ITEM NO. 3:  VERMONT TOWERS; 1101 VERMONT STREET [PGP]

 

B-10-28-06: A request for a variance as provided in Section 20-1309 of the Land Development Code of the City of Lawrence, Kansas, July 1, 2006.  The request is to reduce the minimum exterior side yard setback requirement of 25 feet per Section 20-601 of the City Code, to a distance of 16.6’ along the W. 11th Street property frontage.  The request will permit construction of a new entry canopy on the north side of the building known as Vermont Towers, 1101 Vermont Street.  The property is legally described as Lots 118, 120, 122 and the West half of Lot 124 on Kentucky Street in the Original Townsite of Lawrence, Douglas County, Kansas.  Submitted by Janet Smalter, Architect representing Lawrence Senior Residences, L. P. who is the property owner of record.

 

STAFF PRESENTATION

Mr. Patterson introduced the item, a request for a setback variance to the north side of the property.

Staff presented photos of the site and an explanation of the variance application.

 

Blaufuss - question if the canopy would be enclosed. Canopy will have a roof but will have open walls.

 

Lane - question on how far the existing building encroached into the setback. Response, a little over 4’ (approximately 3.74’) into the required 25’ front yard setback along W. 11th Street.

 

APPLICATION PRESENTATION

Janet Smalter, Architect in Lawrence, said she was here to answer questions on behalf of the applicant. The canopy will provide protection for the residents and improved lighting. The canopy will be supported by columns.

 

von Tersch - question concerning the removal of the existing sidewalk and how it effected the nearby bus stop.

 

Ms. Smalter replied that the new sidewalk from the canopy will be located closer to the bus stop and that the canopy is considered to be the primary entrance into the building.

 

PUBLIC COMMENT

There was no public comment on this issue.

 

BOARD DISCUSSION

Goans - commented that he was not opposed to the variance as requested, and that the discussion is mostly an issue of aesthetics.

 

von Tersch - commented that the new canopy will assist in providing some protection for residents waiting for the bus.

 

ACTION TAKEN

Motion by Goans to approve the variance as requested in accordance with the findings as presented in the staff report, seconded by Blaufuss.

 

Motion carried 6-0.

BZA meeting 11/02/06

ITEM NO. 4:  749 MAPLE STREET [PGP]

 

B-10-29-06: A request for a variance as provided in Section 20-1309 of the Land Development Code of the City of Lawrence, Kansas, July 1, 2006.  The request is to reduce the minimum rear yard setback requirement of 15 feet per Section 20-601 of the City Code, to a distance of 5’ along the north side of the property which abuts the Union Pacific Railroad right-of-way.  The request will permit construction of a new building on the property legally described as Lot 1, Maple Street North Subdivision in the City of Lawrence, Douglas County, Kansas.  The property address is 749 Maple Street.  Submitted by Scott Voelker with Hogs Maws, LLC, the property owner of record.

 

STAFF PRESENTATION

Mr. Patterson made the staff presentation, including an aerial map, zoning map, and photos of the site.

 

Goans - question on the amount of green space that would be provided on the site. Staff response, that there is a 50’ front yard building setback, and that the site plan addresses the landscape requirements and screening.

 

Carpenter - noted the procedural steps for a site plan under the new land development codes and that a site plan can now be administratively approved by the Planning Director. Public notification of the site plan application is required to the surrounding property owners and Neighborhood Association.

 

Blaufuss - questioned why there was a removal of the railroad right-of-way setback exemption in the new code. Staff present was not at the meeting that discussed the railroad setback exemption removal from the old to the new code. Staff pointed out that building safety codes are still required to be met.

 

APPLICANT PRESENTATION

Scott Voelker, owner of the property stated he was here to answer any questions but did not really have a presentation.

 

Goans - can the applicant provide an answer concerning the landscape screening and buffer area? Applicant stated they will be paving the parking lot and will provide for landscaping and screening of the property.

 

von Tersch - question as to the rectangular configurations/proposed layout of the building. Applicant stated the proposed configuration works well for us and maximizes the building space.

 

Carpenter - question on the proposed use of the building. Applicant stated they are a design build firm that is currently located in the North Lawrence neighborhood, operating about two blocks away from their proposed new location. The building will contain an office for their customers, a place to store materials and conduct a design/build operation.

 

PUBLIC COMMENT

Anne Whitely, 759 Maple Street. Opposed to having a huge building next to her house. Building does not appear that it will be far from her house.  Bus stop is located at 547 Locust Street. Has concerns with her daughter going to bus stop and comments from workers near the bus stop. Does not want it to happen with this business. Did not know the area was zoned industrial as it currently is a quiet and pleasant street. She would not like to see the area clogged with trucks and workers.

 

No other public comment.

 

BOARD DISCUSSION

von Tersch - site has had industrial zoning for a number of years. When the proposed location and size of the building is looked at, by not approving the variance, a different building configuration may be required that would not be as pleasing to the neighborhood.

 

Blaufuss - comments as to the use of the property is not a consideration before the Board of Zoning Appeals as the BZA does not have the ability to change the zoning. Noted this is a unique property.

 

Bowman - agreed. Noted front yard building setback of 50’ from property line.

 

Carpenter – Noted rezoning from industrial to residential was previously initiated by the City a number of years ago. Rezoning ended up being withdrawn as the area property owners did not want it changed from industrial at that time. May come up again at neighborhood request and be discussed at the City Commission level for the appropriate use of this area.

 

Goans - commented that it is an interesting position in that the residential homes were constructed different from what the zoning indicated. Now someone is deciding to use a property for the zoned industrial use. The proposed variance request meets the 5 conditions necessary for the Board to grant a variance.

 

ACTION TAKEN

Motioned by Goans to approve the variance as proposed in accordance with the findings as presented in the staff report, seconded by Bowman.

 

          Motion carried 6-0.

BZA meeting 11/02/06

ITEM NO. 5:  MISCELLANEOUS

Goans – clarify if staff has done some research on potential text amendment to pursue if railroad right-of-way setback becomes an issue for other properties.

 

Patterson, replied that if this becomes an issue for other properties, then staff would investigate the matter and see if the community desires a text amendment to again exempt building setbacks for industrially zoned property from the railroad right-of-way.

 

Carpenter - railroad right-of-way along the Burroughs Creek Area was previously identified and discussed.

 

Goans motion to adjourn, seconded by von Tersch

 

Motion to adjourn carried, meeting adjourned at 7:17 p.m.

 

Official minutes are on file in the Planning Department Office.