City of Lawrence
Board of Zoning Appeals
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September 2, 2010 MEMBERS PRESENT: |
Carpenter, Kimball, Lowe, Blaufuss, Lane, von Tersch, Mahoney |
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STAFF PRESENT: |
Guntert, Miller, Day, Parker |
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PUBLIC PRESENT: |
Lee Queen |
BOARD OF ZONING APPEALS
Meeting Minutes of September 2, 2010 –6:30 p.m.
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Members present: Carpenter, Kimball, Lowe, Blaufuss, Lane, Mahoney, von Tersch
Staff present: Guntert, Miller, Day, Parker
ITEM NO. 1 COMMUNICATIONS
No communications were received since the packet was posted online for the meeting.
No disclosure of ex parte contacts.
No agenda items deferred.
ITEM NO. 2 MINUTES
Motioned by Lane, seconded by von Tersch, to approve the August 5, 2010 Board of Zoning Appeals minutes.
Motion carried, 6-0-1 (Carpenter abstained)
BEGIN PUBLIC HEARING:
ITEM NO. 3 5929 LONGLEAF CIRCLE [DRG]
B-8-10-10: A request for a variance as provided in Section 20-1309 of the Land Development Code of the City of Lawrence, Kansas, 2009 edition. The request is for a variance to reduce the 25 feet rear yard building setback required in Section 20-601(a) of the City Code to a minimum of 14 feet. The variance is requested for the replacement of an existing arbor structure over a concrete patio with a roof covering of like size. The property is addressed as 5929 Longleaf Circle. Submitted by Lee Queen, Lee Queen Homes LLC., for Jerry and Corale Altman, the property owners of record. The legal description for the property in the appeal and the case file for the public hearing item are available in the Planning Office for review during regular office hours, 8-5 Monday - Friday.
STAFF PRESENTATION
Mr. Guntert presented the item.
Blaufuss asked Staff to explain the uniqueness factor of the project.
Mr. Guntert stated there was a variance that had previously been approved and the structure was open sided. The previous variance was conditioned upon the structure having a lattice style cover. The condition placed upon the variance was unique. Also, the view of the structure was blocked by a fence in the rear of the property.
APPLICANT PRESENTATION
Lee Queen stated the arbor was attached to the building and water had been entering the structure. He said with a shed roof the water problem would be fixed. Mr. Queen also said the Homeowners Association has approved their project to change the roof style to a shed roof.
PUBLIC COMMENT
No one from the public spoke to this item.
PUBLIC HEARING CLOSED
Motioned by Lane, seconded by Kimball, to close the public hearing.
Motion carried unanimously, 7-0
BOARD DISCUSSION
von Tersch asked Staff when the original variance was approved.
Mr. Guntert stated the original variance was approved in October 2000.
Blaufuss asked if there were similar structures in the neighborhood.
Mr. Guntert stated there were similar structures in the neighborhood.
Mr. Lane suggested modifying the language in staff’s recommended condition to say the variance applied to an open sided structure over the patio. He thought that language addressed the point of the space not being changed to permanent living space.
ACTION TAKEN
Motioned by Lane, seconded by Kimball, to approve the variance request at 5929 Longleaf Circle,
based on the findings of fact in the staff report, with the following condition:
1. The structure built over the patio shall remain an open sided structure.
Motion carried unanimously, 7-0
ITEM NO. 4 MISCELLANEOUS
a) Consider a written request from the property owners of 2808 Lockridge Place for a 24 month extension of their rear yard setback variance [case # B-08-11-08] approved by the Board of Zoning Appeals on September 4, 2008. At that meeting, the Board of Zoning Appeals approved a reduction of the 30 feet rear yard setback requirement per Section 20-601(a) in the Land Development Code of the City of Lawrence, Kansas, 2008 edition, to a minimum of 18 feet at the nearest point of a planned addition to the existing residence. Section 20-1309(k)(1)(i) in the Land Development Code allows the Board of Zoning Appeals the ability to extend the expiration date of the variance for a period not to exceed 24 months for good cause shown by the applicant.
STAFF PRESENTATION
Ms. Sandra Day presented the item.
She said the Development Code would allow the Board of Zoning Appeals to grant the variance extension for 2808 Lockridge Place.
PUBLIC HEARING CLOSED
Motioned by Lowe, seconded by Lane, to close the public hearing.
Motion carried unanimously, 7-0
ACTION TAKEN
Motioned by von Tersch, seconded by Mahoney, to approve a 24-month extension of the rear yard setback variance for 2808 Lockridge Place.
Motion carried unanimously, 7-0
b) No other business to come before the Board.
ACTION TAKEN
Motioned by Lowe, seconded by Lane to adjourn the Board of Zoning Appeals meeting.
Motion carried unanimously, 7-0
ADJOURN –6:48p.m.
Official minutes are on file in the Planning Department office.