Urban Planning and Land Use

Transcription

1 Urban Planning and Land Use 701 North 7 th Street, Room 423 Phone: (913) Kansas City, Kansas Fax: (913) planninginfo@wycokck.org To: From: Board of Zoning Appeals City Staff Date: May 9, 2016 Re: Petition #2200 GENERAL INFORMATION Applicant: Jonathan Stites Status of Applicant: Appellant Jonathan Stites Seefried Properties 5015 NW Canal St., Ste. 200 Riverside, MO Requested Action: Approval of a variance Date of Application: March 23, 2016 Purpose: This appeal has been filed to allow for the construction of seventy-five-degree angled parking. Ordinance (a) states that angled parking shall be either in a sixty-degree or forty-five-degree pattern May 9,

2 Property Location: 6925 Riverview Avenue Existing Zoning: R-1 single family residential Existing Surrounding Zoning: North: South: East: West: R-1 Single Family and M-2 General Industrial District R-1 Single Family District R-1 Single Family and AG Agriculture District R-1 Single Family District Existing Uses: North: Vacant/Industrial South: Single Family Residential East: Vacant/Single Family Residential West: Single Family Residential Neighborhood Characteristics: The neighborhood is predominantly single family residential with large parcels of vacant land. To the north across the Turner Diagonal is an area constituted of industrial uses. Total Tract Size: acres Master Plan Designation: Low-density residential Major Street Plan: Freeway or expressway (Turner Diagonal) Class C thoroughfare (Riverview Avenue) Advertisement: Property Owners Letters April 13, 2016 Wyandotte Echo April 14, 2016 Public Hearing: May 9, 2016 Public Opposition: None to date STATUTORY REQUIREMENTS/FACTORS TO BE CONSIDERED 1. The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and which is not created by an action or actions of the property owner or the applicant. The property in question is uniquely large at well over 100 acres. Additionally, its frontage on the Turner Diagonal makes it uniquely suited for industrial development. This variance arises from these conditions in that the property s highest and best use may be manufacturing/warehousing/industrial development and such angled parking is necessary in order to make the best use of the available space on the property. It is the owner/appellant s position that seventy May 9,

3 five-degree angled parking provides for good visibility and traffic movements on parking lots. 2. The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents. The degree to which parking is angled in the parking lot configuration presumably would have no effect on adjacent property owners, with the possible exception that insomuch as the degree to which the parking is angled makes development more feasible, it may lead to moderately increased property values for adjacent property owners. 3. The strict application of the provisions of the zoning ordinance of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application. In this case the strict application of the provision of the zoning ordinance constitutes an unnecessary hardship as there is demonstrable evidence that seventy-five-degree angled parking can and does function adequately in comparison with sixty-degree or forty-five-degree angled parking. 4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. We do not believe that this variance would adversely affect the points listed above. Ample evidence exists to suggest that seventy-five degree angled parking does not hinder orderly parking lot traffic flow and does not present a threat to health, safety, or otherwise. 5. The granting of the variance desired will not be opposed to the general spirit and intent of the zoning ordinance. The general intent of the ordinance is to provide safe and standardized parking configurations for developers and others to consider when preparing developments and otherwise. The large-scale nature of this request, combined with the proven track record of seventy-five-degree angled parking generally honors the spirit and intent of the zoning ordinance. PREVIOUS ACTIONS No previous action has been taken on this property. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on April 26, There were four attendees and no opposition expressed May 9,

4 STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. Please provide examples of seventy-five-degree angled parking in use in the Kansas City area. Applicant Response: See attached letter. Staff Conclusion: Staff believes this variance is warranted and honors the intentions of the zoning ordinance. It will not cause any adverse effects to adjacent property owners. STAFF RECOMMENDATION Staff recommends that the Board of Zoning Appeals APPROVE case #2200 subject to all comments and suggestions outlined in this staff report. ATTACHMENTS Parcel Map Site Plan Applicant Response Letter Neighborhood Meeting Information REVIEW OF INFORMATION AND SCHEDULE Action Board of Zoning Appeals Public Hearing May 9, 2016 Appeal STAFF CONTACT: Zach Tusinger, Planning Intern MOTIONS I move the Board of Zoning Appeals APPROVE Case #2200 as meeting all the requirements of the City code and being in the interest of the public health, safety and general welfare subject to such modifications as are necessary to resolve to the satisfaction of City Staff all comments contained in the Staff Report; and the following additional requirements: 1. ; 2. ; And May 9,

5 OR I move the Board of Zoning Appeals DENY Case #2200, as it is not in compliance with the City Ordinances; as it will not promote the health, safety and general welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned May 9,

6 BZA May 9,

7 2200 May 9,

8 2200 May 9,

9 2200 May 9,

10 2200 May 9,

11 2200 May 9,

12 2200 May 9,

13 2200 May 9,