HomeMy Public PortalAboutOrd 699 Conditional Use(First Published in the Ark Valley News on the February 16, 2023.) , '
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 699
AN ORDINANCE APPROVING A CONDITIONAL USE ON CERTAIN
PROPERTY ZONED R-1 LOCATED WITHIN THE CORPORATE CITY
LIMITS OF THE CITY OF BEL AIRE, KANSAS.
WHEREAS, Notice of a public hearing to consider a special use request was published in the Ark
Valley News on November 17, 2022, in conformance with Article Five of the Zoning Regulations
of the City of Bel Aire, Kansas.
WHEREAS, A public hearing was convened on January 12, 2023 by the Planning Commission
for the City of Bel Aire, Kansas, to consider the matter of permitting a conditional use upon a tract
of land within the City of Bel Aire, Kansas, located at 4046 N Harding Ave in Aurora Park, in
conformance with the requirements set forth in Article Five, Section Three (5.03), of the Zoning
Regulations of the City of Bel Aire, Kansas;
WHEREAS, Following the public hearing, the Planning Commission found that the evidence
supported recommending approval of this requested conditional use request based upon the
' guidelines set forth in Article Five, Section Three (5.03) of the Zoning Regulations of the City of
Bel Aire, Kansas, in association with the owner's request to build an accessory apartment in
conformance with the site plan provided to the Planning Commission, will not be contrary to the
public interest or detract from the residential nature of the neighborhood;
WHEREAS, The Planning Commission for the City of Bel Aire, Kansas, recommends approval
of the application by the owner, to allow for the conditional use upon the tract of land. Such
granted use shall allow the property owner to install and maintain an accessory apartment
according to applicant's site plan specifications at 4046 N Harding Ave in Aurora Park.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
SECTION 1. The Governing Body adopts the recommendation of the Bel Aire Planning
Commission to permit by conditional use the installation of an accessory apartment according to
applicant's site plan specifications at 4046 N Harding Ave in Aurora Park, Bel Aire, Kansas.
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SECTION 2. In conformance with Section 5.03 (D) and (E) of the Zoning Regulations, the
Governing Body finds that the request for an accessory apartment as described in the site plan
does not detract from the residential nature of the neighborhood.
SECTION 3. All ordinances, parts of ordinances, or other regulations or policies in conflict
herewith are hereby repealed.
SECTION 4. This Ordinance shall not take effect until filed with the Register of Deeds.
SECTION 5. This Ordinance shall take effect and be in force from and after appropriate filing
and the publication of its summary in the official city newspaper.
Passed by the City Council this 7th day of February, 2023.
Approved by the Mayor this 7th day of February, 2023.
ATTEST:
Melissa Krehbiel, CITY CLERK
SEAL
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Jim Benage, YOR
Summary of Ordinance No. 699
City of Bel Aire, Kansas
On February 7, 2023, the City of Bel Aire, Kansas, adopted Ordinance No. 699, regarding approval
of a Conditional Use allowing for an accessory apartment in an R-1 Residential Zoning district,
Arura Park, all within the City of Bel Aire, Kansas. A complete copy of this ordinance is available
online at http://www.belaireks.org under documents or during normal business hours at City Hall,
located at 7651 East Central Park Ave., Bel Aire, KS 67226. The ordinance is not subject to a
protest petition. Questions pertaining to this ordinance may be directed to Mr. Ty Lasher, City
Manager, at (316) 744-2451. This summary has been reviewed and certified by Jacqueline Kelly,
City Attorney.
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