MINUTES
MARCH 4, 2004 – 7:55 P.M., CITY COMMISSION MEETING ROOM, FIRST FLOOR OF CITY HALL AT SIXTH AND MASSACHUSETTS STREET, LAWRENCE, KANSAS
MEMBERS PRESENT: Chairman Herndon, Mr. Hannon, Mr. Goans, Mr. Hicks, Mr. Fizell and Mr. Santee
STAFF PRESENT: Mr. Guntert, Mr. Patterson and Ms. Saker
ITEM NO. 1: COMMUNICATIONS
Mr. Guntert outlined the following communications to the Board:
· Letter from Staff requesting deferral of Item 4 on behalf of the applicant Action on this request was taken at this time.
· No ex parte communications were reported
ITEM NO. 2: MINUTES
Motioned by Mr. Goans, seconded by Mr. Herndon to approve the minutes of the February 5, 2004 meeting as presented.
Motion carried 4-0-2, with Mr. Hannon and Mr. Hicks abstaining due to their absence from the February meeting.
Swearing in of witnesses
B-02-02-04: A request for a variance as provided in Section 20-1709.1 of the Zoning Ordinance of the Code of the City of Lawrence, Kansas, 2003. Said request is specifically to vary from the provisions of Section 20-707(b) of said City Code, which requires a 12’ side yard setback when the property abuts a residential district. The applicant’s request is to reduce the setback along the north property line to a minimum of a 5’ side yard setback from the subject property. The request is for the following legally described property: Lots 83 & 85 on Pennsylvania Street in the Original Townsite of the City of Lawrence, Douglas County, Kansas. Said described property is generally known as Old Home Depot at 1045 Pennsylvania Street. Submitted by Mark E. Lehmann and Gary Saathoff, property owners of record.
STAFF PRESENTATION
Mr. Patterson explained this Board had considered the same request in 2001. The request to reduce the minimum side yard setback from 12’ to 5’ had been discussed at length over three meetings, and had ultimately been approved with a 4-1 vote.
An extension was granted in November 2001, expiring in 2002. The new application was exactly the same as the previously approved and extended variance.
Staff provided copies of the original Staff Report and minutes of the three meetings during which the first application was considered and approved.
APPLICANT PRESENTATION
Mark Lehmann, property owner and applicant, explained the project had been delayed after its approval for various reasons, both personal and local/national (9-11, lowered economy, etc). He was just now reaching an economic position to need the warehouse space.
PUBLIC COMMENT
No member of the public spoke on this Item.
BOARD DISCUSSION
It was recalled that the Board’s approval of the original application had involved a “swap” between the reduced side yard setback and an extended rear yard setback, feeling this would off-set the impact of the building on the surrounding residential uses.
Chairman Herndon said he had been asked to lead the Board through a full consideration on the current application, rather than “skimming” through because it had been approved in the past. He agreed with this request, but did outline some of the extensive discussion that was held during the original consideration to minimize the project’s impact while maximizing it’s utility.
Mr. Hannon explained he had been the single vote in opposition during the original applications, but he had changed his opinion following a site visit and was now prepared to support the new request.
It was noted that the 12’ rear yard setback was measured from the centerline of the alley, meaning there was only a 4’ setback from the property line. Staff stated this was the correct measurement standard per Section 20-1504(a).
Mr. Goans said this was a textbook example of spot-zoning, being a single lot of heavy commercial zoning surrounded on all sides by residential development. He understood this zoning had been in place for several years, but had significant concerns about allowing the subject area to further infringe upon the surrounding area by extending its buildable boundaries.
Mr. Goans noted it took three meetings over six months to approve the project the first time. He was not convinced re-approval was in the neighborhood’s best interest.
It was noted that a letter was received when the first application was considered from the owner of the adjacent Penn House. This letter specifically stated agreement with the 5’ sideyard setback.
It was also discussed that Ed Tato, President of the East Lawrence Neighborhood Association, had made the applicant presentation for the original request.
It was suggested that the neighborhood would benefit from having businesses like this one within walkable distances.
Mr. Fizell said he understood the intent of zoning for separation of uses, but he would like to see more mixed-use development in other neighborhoods.
It was established that the applicant intended to add architectural details that were not shown on the submitted drawings. This would reduce the starkness of the elevations facing residential areas.
ACTION TAKEN
Motioned by Mr. Hannon, seconded by Mr. Hicks to approve the variance to allow a reduced minimum side yard setback from 12’ to 5’ for the project at 1045 Pennsylvania Street.
Motion carried, 5-1, with Mr. Goans voting in opposition.
B-02-03-04: A request for a variance as provided in Section 20-1709.1 of the Zoning Ordinance of the Code of the City of Lawrence, Kansas, 2003. The variance is from the requirement for a 15’ greenspace buffer along a property line abutting a street right-of-way per the provisions of Section 20-1216(a) of said City Code. The applicant is asking to reduce this setback to a minimum of 5’ along the south boundary, which adjoins the northern edge of Lincoln Street right-of-way. The request is for the following legally described property: Lots 58, 59, 60, 122 less a part deeded to Douglas County described in Deed Book 138 page 591, and Lots 123 & 124 less the east 5’ thereof recorded in Book 137 page 147 dated 05/19/1936, in that part of the city known as North Lawrence Addition No. 2 in the City of Lawrence. Said described property is generally known as 601 North 2nd Street. Submitted by C. L. Maurer with Landplan Engineering, for Alexander Plotnikov, property owner of record.
ACTION TAKEN
At the beginning of the meeting, it was motioned by Mr. Hannon, seconded by Mr. Fizell to defer Item 4 for one month per the applicant’s request.
Motion carried unanimously, 6-0.
ITEM NO. 5: MISCELLANEOUS
There was no additional information to come before the Board.