#2268 December 11, 2017 1

Urban Planning and Land Use

701 North 7th Street, Room 423 Phone: (913) 573-5750 Kansas City, Kansas 66101 Fax: (913) 573-5796 Email: planninginfo@wycokck.org www.wycokck.org/planning

To: Board of Zoning Appeals From: City Staff Date: December 11, 2017 Re: Petition #2268 GENERAL INFORMATION Applicant: Abdul Mazid Status of Applicant: Property Owner A+ Auto Sales 1010 Merriam Lane Kansas City, KS 66103 Requested Action: Approval of a zoning variance for the number of off-street parking spaces Date of Application: October 27, 2017 Purpose: This appeal has been filed to allow a used car business with fewer off-street parking spaces than the minimum off-street parking spaces allowed under the district regulations. Sec. 27-467(e) states that uses in this district require off-street parking at a ratio of not less than four spaces per 1,000 square feet floor area in the building. The appellate is requesting to provide four off-street parking spaces for a building with 4,532 square feet of floor area, a violation of 15 off-street parking spaces.

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Property Location: 1010 Merriam Lane Existing Zoning: C-3 Commercial District Existing Surrounding Zoning: North: R-1(B) Single Family District

South: C-3 Commercial District East: C-3 Commercial District

West: C-3 Commercial District and R-1(B) Single Family District

Existing Uses: North: Single family residence South: Retail business (Quick’s Guns) East: Commercial buildings West: Used car dealership and single family residence Neighborhood Characteristics: This section of Merriam Lane is in the Rosedale neighborhood. It is a mixed-use, urban neighborhood with commercial, residential, and entertainment uses (Rosedale Drive-In Theater). Southwest Boulevard and Merriam Lane have recently received a significant public investment, and have been rebuilt with new bike lanes and sidewalks. Total Tract Size: 0.19 acre Master Plan Designation: The City-Wide Master Plan designates this property as the Business Park District. Major Street Plan: The City-Wide Master Plan designates Merriam Lane as a Class C

thoroughfare Advertisement: Property Owners Letters – November 16, 2017 Wyandotte Echo – November 16, 2017 Public Hearing: December 11, 2017 Public Opposition: The special use permit with preliminary plan received opposition from the Rosedale Development Association. This application for a zoning variance has not received any public opposition 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.

This property is located in a denser, more urban location than is ordinarily found in the C-3 Commercial District. This is an existing condition that was not created by an action of the property owner. However, the proposed use of the property

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as a used car dealership with vehicles for sale displayed in off-street parking spaces severely reduces the available off-street parking. The applicant made money investments prior to approval. These improvements were done after being directed by staff to wait for approval.

2. The granting of the permit for the variance will not adversely affect the

rights of adjacent property owners or residents.

Because there is no on-street parking on this portion of Merriam Lane, any spillover parking may attempt to park in the neighboring businesses’ parking lots.

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.

The application of the zoning ordinance would be a hardship on the property owner. The owner would not be able to display cars for sale in the parking lot. The hardship is self-imposed as the applicant already made a significant investment prior to any approvals.

4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare.

The variance could adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare if the operations were not in strict conformance with approvals.

5. The granting of the variance desired will not be opposed to the general spirit and intent of the zoning ordinance.

The intent of the minimum parking requirements is to prevent spillover parking, which may negatively affect the surrounding property owners, traffic, safety, and the neighborhood.

PREVIOUS ACTIONS SP-2017-28 – Approval of a Special Use Permit with preliminary plan for a used car dealership NEIGHBORHOOD MEETING The applicant has previously held a neighborhood meeting for his special use permit so an additional meeting is not required.

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STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments:

1. The applicant has claimed that staff instructed him, to make improvements prior

to approval. This is not true. 2. The Board of Commissioners’ approval was conditional and the use has not been

authorized as claimed by the applicant. 3. Any testimony about how another city has established its codes are irrelevant.

Each city creates its own zoning standards. The appropriate way to address these is via zoning code modification.

Public Works Comments:

A) Items that require plan revision or additional documentation before engineering can recommend approval: 1) None

B) Items that are conditions of approval (stipulations): 1) Construction plans shall meet UG standards and criteria, and shall be

reviewed and approved by UG prior to construction permit acquisition. C) Comments that are not critical to engineering’s recommendations for this specific

submittal, but may be helpful in preparing future documents: 1) None

STAFF RECOMMENDATION

Staff recommends that the Board of Zoning Appeals DENY case #2268 subject to all comments and suggestions outlined in this staff report. ATTACHMENTS Applicant Response to Five Criteria Set by State Statute Development Plan REVIEW OF INFORMATION AND SCHEDULE Action Board of Zoning Appeals Public Hearing December 11, 2017 Appeal STAFF CONTACT: Zach Flanders, AICP zflanders@wycokck.org

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MOTIONS I move the Board of Zoning Appeals DENY Case #2268, 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. OR I move the Board of Zoning Appeals APPROVE Case #2268 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 3. ________________________________________________________.

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