BOARD OF ZONING APPEALS

Meeting Minutes of December 6, 2007 –7:00 p.m.

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Members present: Kimball, Carpenter, Lowe, Blaufuss, Lane, von Tersch, Bowman

Staff present: Miller, Patterson, Parker

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Study/Training Session 6:00 p.m. – 7:00 p.m.

ITEM NO. 1              COMMUNICATIONS

No communications came before the Board.

No ex parte contacts or abstentions were indicated.

ITEM NO. 2:             MINUTES

Consider approval of the minutes from the November 1, 2007 meeting of the Board.

 

ACTION TAKEN

Motioned by Lane, seconded by Lowe, to approve the November 1, 2007 minutes and make the appropriate changes.

                             Motion carried unanimously, 7-0.

 

ITEM NO. 3:             305 TALL GRASS COURT [PGP]

 

B-11-16-07: A request for a variance as provided in Section 20-1309 of the Land Development Code in the Code of the City of Lawrence, Kansas, 2006 edition.  The request is to allow a reduction in the rear yard building setback of 30 feet per Article 6, Section 20-601 of the City Code, to a minimum of 28 feet to allow for the construction of a small addition to the dining room in the dwelling.  The property is legally described as Lot 24, Block 5, Westland Addition in the City of Lawrence, Douglas County, Kansas.  The subject property is located at 305 Tall Grass Court.  Submitted by Janet Smalter with Smalter & Associates, Architects for Jeff and Denise Berkley, the property owners of record.

 

STAFF PRESENTATION

Mr. Paul Patterson presented the item.

 

APPLICANT PRESENTATION

Janet Smalter, Smalter & Associates, said the applicant had asked for an addition to her dining area to better accommodate her family’s needs.

 

Lane asked if the deck was more than 30 inches above grade.

 

Ms. Smalter said on the south side the deck was more than 30 inches above grade.

 

PUBLIC COMMENT

No member of the public spoke on this item.

 

 

 

BOARD DISCUSSION

Blaufuss confirmed that if the project was planned for the side of the dwelling as the house is oriented, then a variance would not be needed.

 

ACTION TAKEN

Motioned by Blaufuss, seconded by Carpenter, to approve the variance based on Staffs recommendation and based on the findings of fact presented in the body of the staff report.

 

              Motion carried unanimously, 7-0.

 

ITEM NO. 4:              MISCELLANEOUS

 

a)            Discussion and approval of 2008 BZA meeting and application submittal dates.

 

ACTION TAKEN

Motioned by Lane, seconded by Bowman, to approve the draft version of the 2008 Board of Zoning Appeals schedule, and make appropriate changes to January 2008, July 2008, and January 2009.

 

Motion carried unanimously, 7-0.

 

Patterson stated the Board members packets had included two codes for their use, the Development Code and the Sign Code.  He explained that in the near future the Board would be receiving Board of Zoning Appeals packet items electronically.

 

Lane asked Patterson if maps would be electronically accessible.

 

Patterson stated maps would be accessible electronically.

 

b)            No other business to come before the Board.

 

ACTION TAKEN

Motioned by Lane, seconded by von Tersch, to adjourn the meeting.

 

                   Motion carried unanimously, 7-0

 

ADJOURN – 7:35p.m.

 

Official minutes are on file in the Planning Department office.