City of Lawrence
Board of Zoning Appeals
December 3, 2009
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MEMBERS PRESENT: |
Kimball, Blaufuss, Lowe, Lane, von Tersch
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MEMBERS ABSENT: |
Carpenter, Bowman
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STAFF PRESENT: |
Guntert, Miller, Parker
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PUBLIC PRESENT: |
Applicants |
BOARD OF ZONING APPEALS
Meeting Minutes of December 3, 2009 –6:30 p.m.
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Members present: Kimball, Lowe, Blaufuss, Lane, von Tersch
Members excused: Bowman, Carpenter
Staff present: Brown, Miller, Parker
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ITEM NO. 1 COMMUNICATIONS
No communications came before the Board.
No Board member disclosure of ex parte contacts or abstentions from the discussion and vote.
ITEM NO. 2 MINUTES
Motioned by Lowe, seconded by Lane, to approve the November 5, 2009 Board of Zoning Appeals minutes.
Motion carried 4-0-1 Kimball abstained
ITEM NO. 3 CONSIDER FINDINGS RECINDING THE PREVIOUS BZA ACTION FOR
1926 LEARNARD AVENUE [AMB]
B-08-11-09: 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, 2009 edition. The request is from the provisions in Article 12, Section 20-1204(b) of the City Code as it pertains to development within the regulatory floodway. The variance request is related to the proposed development of two lots with duplex residential structures. The property is legally described as Lots 1 and 3 in the Final Plat of Elsie Hemphill Addition, an addition in the City of Lawrence, Douglas County, Kansas. The property is generally located on the southeast corner of E. 19th Street and Learnard Avenue. Submitted by Jill Gretchen Windholz, Carolyn L. Hemphill, Wendy A. Stauffer, and Jennifer D. Hemphill, the property owners of record.
On November 5th, the Board of Zoning Appeals preliminarily voted to rescind the variance approved at the September 3, 2009 meeting pending approval of findings prepared by city staff.
STAFF PRESENTATION
John Miller presented the item.
Blaufuss said she had been present at the September Board of Zoning Appeals meeting and asked Mr. Miller to modify the findings to state her presence.
Mr. Miller stated he would modify the front page of the findings to indicate Blaufuss’ presence.
Lane asked if there were features in the findings that the Board should be aware of.
Mr. Miller stated the form is self evident as it appears.
ACTION TAKEN
Motioned by von Tersch, seconded by Lane, to adopt the findings of fact rescinding the variance granted for B-8-11-09, by the Board of Zoning Appeals on September 3rd, 2009, and final approval of the findings of fact and review on December 3rd, 2009 Board of Zoning Appeals meeting.
Motion carried unanimously, 5-0
ITEM NO. 4 1025 & 1035 North 3rd STREET [AMB]
B-11-19-09: 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, 2009 edition. The request is from the provisions in Article 12, Section 20-1204(e)(3)(ii) of the City Code as it pertains to development within the regulatory floodplain. The variance request is related to the minor modifications of the interior of the structure of an existing commercial property which exceeds the 60 percent impervious surface area threshold allowed by City Code. The property is legally described as Block 1, Final Plat of Wickes Subdivision, an addition in North Lawrence in the City of Lawrence, Douglas County, Kansas. The property is located south of I-70 on the west side of N. 3rd Street and is addressed as 1025 & 1035 N. 3rd Street. Submitted by Joy Rhea with Paul Werner Architects for I-70 Business Center LLC, the property owners of record.
STAFF PRESENTATION
Ms. Amy Brown presented the item.
von Tersch asked Ms. Brown what the new text amendment would include.
Ms. Brown stated the text amendment would include elevating structures one foot above base flood elevation and there should be no more than 60% pervious coverage. She said both requirements would only apply to either substantial improvement or with new construction.
APPLICANT
Joy Rhea said the applicant would only be adding an interior remodel and would like to expand the space to prevent relocating the business.
PUBLIC COMMENT
No one from the public spoke to this item.
PUBLIC HEARING CLOSED
BOARD DISCUSSION
There was no Board discussion.
ACTION TAKEN
Motioned by Lane, seconded by Lowe, to approve the variance requests for 1025 & 1035 North 3rd Street, based on the findings of fact in the staff report and the following staff recommendations with the following conditions:
1. Approval of a local Floodplain Development Permit, and
2. Future improvements to this property will require compliance with Development Code, including the floodplain regulations, or the granting of a new variance.
Motion carried unanimously, 5-0
ITEM NO. 5 MISCELLANEOUS
a) Adopt the 2010 Board of Zoning Appeals meeting calendar.
ACTION TAKEN
Motioned by Kimball, seconded by Lowe, to adopt the 2010 Board of Zoning Appeals meeting calendar.
Motion carried unanimously, 5-0
b) Consider any other business to come before the Board.
ACTION TAKEN
Motioned by Lowe, seconded by von Tersch to adjourn the Board of Zoning Appeals meeting.
Motion carried unanimously, 5-0
ADJOURN – 6:45p.m.
Official minutes are on file in the Planning Department office.