HomeMy Public PortalAboutOrd 419 Vacate Bldg Setback
(First Published in the Ark Valley News on the _ day of
, 2004,)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. ~
AN ORDINANCE ANNULLING, VACATING AND
DISCONTINUING A PORTION OF THE EXISTING BUILDING
SETBACK REQUIREMENT ACROSS A TRACT OF LAND
WITHIN CORPORATE LIMITS OF THE CITY OF BEL AIRE,
KANSAS
WHEREAS, there is an existing 35 foot (35') building setback requirement running
westerly from the Woodlawn Street right-of-way across the East side of the real property
described herein, within the Corporate Limits of the City of Bel Aire, Kansas; and
WHEREAS, a property survey has revealed that a building has been constructed
on the real property described herein which encroaches into said existing 35 foot (35')
building setback requirement by approximately one foot two inches (1 '2"); and
WHEREAS, the current owner of the real property described herein which
encroaches has applied for a vacation of the West one foot six inches (1'6") of said existing
35 foot (35') building setback requirement across the east side of the real property
described herein, to accommodate the existing building; and
WHEREAS, after proper notice to all affected parties and a public hearing, the Bel
Aire Planning Commission unanimously voted to recommend to the Governing Body of the
City of Bel Aire, Kansas the vacation of the West one foot six inches (1 '6") of said existing
35 foot (35') building setback requirement across the East side of the real property
described herein, to accommodate the existing building; and
WHEREAS, Official Notice that, on November 16, 2004, the City of Bel Aire City
Council would consider the recommendation of the Bel Aire Planning Commission
supporting vacation of the West one foot six inches (1 '6") of said existing 35 foot (35')
building setback requirement across the East side of the real property described herein, to
accommodate the existing building, was mailed to all affected parties on October 18, 2004
and published in the Official City Newspaper of the City of Bel Aire, Kansas on October 21,
2004 and October 28, 2004; and
WHEREAS, during the regular meeting of the Governing Body of the City of Bel
Aire, Kansas held on November 16, 2004, the City of Bel Aire City Council considered the
recommendation of the Bel Aire Planning Commission supporting vacation of the West
one foot six inches (1 '6") of said existing 35 foot (35') building setback requirement across
the East side of the real property described herein, to accommodate the existing building;
RECEIVED
FEB 2 4 2005
CITY OF BEL AIRE
Sedgwick County
Register of Deeds - Bill Meek
DOC. */F LM - PG : 28699075
Receipt *: 1577207 Recording Fee: ODH
ODHee Recorded: 3
Date Recorded. 2/16/2005
Cashier Initials: RJC Authorized 8 :�
9:0133 PM
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Grantor
Grantee
Type of Document
Recording Fees
Mtg Reg Tax
Total Amount
Return Address
BEL AIRE CITY OF
PUBLIC
ORDINANCE
$OE C) Di'
$0.00
$e-ef- o Dj-k
CITY OF BEL AIRE
7651 E CENTRAL PARK AVE
BEL AIRE KS 67226-7600
(First Published in the Ark Valley News on the 97/A day of0%r7-� ,r, 2004.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO.
AN ORDINANCE ANNULLING, VACATING AND
DISCONTINUING A PORTION OF THE EXISTING BUILDING
SETBACK REQUIREMENT ACROSS A TRACT OF LAND
WITHIN CORPORATE LIMITS OF THE CITY OF BEL AIRE,
KANSAS
WHEREAS, there is an existing 35 foot (35') building setback requirement running
westerly from the Woodlawn Street right-of-way across the East side of the real property
described herein, within the Corporate Limits of the City of Bel Aire, Kansas; and
WHEREAS, a property survey has revealed that a building has been constructed
on the real property described herein which encroaches into said existing 35 foot (35')
building setback requirement by approximately one foot two inches (1'2"); and
WHEREAS, the current owner of the real property described herein which
encroaches has applied for a vacation of the West one foot six inches (1'6") of said existing
35 foot (35') building setback requirement across the east side of the real property
described herein, to accommodate the existing building; and
WHEREAS, after proper notice to all affected parties and a public hearing, the Bel
Aire Planning Commission unanimously voted to recommend to the Goveming Body of the
City of Bel Aire, Kansas the vacation of the West one foot six inches (1'6") of said existing
35 foot (35') building setback requirement across the East side of the real property
described herein, to accommodate the existing building; and
WHEREAS, Official Notice that, on November 16, 2004, the City of Bel Aire City
Council would consider the recommendation of the Bel Aire Planning Commission
supporting vacation of the West one foot six inches (1'6") of said existing 35 foot (35')
building setback requirement across the East side of the real property described herein, to
accommodate the existing building, was mailed to all affected parties on October 18, 2004
and published in the Official City Newspaper of the City of Bel Aire, Kansas on October 21,
2004 and October 28, 2004; and
WHEREAS, during the regular meeting of the Governing Body of the City of Bel
Aire, Kansas held on November 16, 2004, the City of Bel Aire City Council considered the
recommendation of the Bel Aire Planning Commission supporting vacation of the West
one foot six inches (1'6") of said existing 35 foot (35') building setback requirement across
the East side of the real property described herein, to accommodate the existing building;
City of Bel Aire
7651 E. Central Park Ave.
Bel Aire, KS 67226-76C
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF BEL AIRE, KANSAS:
Section 1. The Governing Body of the City of Bel Aire, Kansas hereby finds that
due and legal notice has been given; no private rights will be injured or endangered; the
public will suffer no loss or inconvenience; and, in justice to the current property owner, the
requested vacation should be granted.
Section 2. The West one foot six inches (1'6") of the existing 35 foot (35') building
setback requirement running westerly from the Woodlawn Street right-of-way across the
East side of the real property described herein is hereby annulled, vacated and
discontinued. Said real property being described as:
Lot five (5) and the East twenty (20) feet of Lot four (4), Block
2, Bel Aire Plaza 3' Addition, an addition to Bel Aire, Sedgwick
County, Kansas; commonly known as 6334 Crestmark, Bel
Aire, Kansas.
Section 3. Effective Date
This Ordinance shall take effect and be in force from and after its publication in the
official city newspaper.
Passed by the City Council this 2 VI, day of 40 e (y,), %e r , 2004.
Approved by the Mayor this %%, day of .,Dec A e r , 2004.
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SEA. l . •,ir ,r
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ATTES11 t
CITY CLERK SHERRYL L. CUTTER
City of Bel Aire
7651 E. Cen`r:=( Park Ave.
Bel Aire, KS 67«6-7`;;';
i
MAYOR_' RY O'NEAL
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF BEL AIRE, KANSAS:
Section 1. The Governing Body of the City of Bel Aire, Kansas hereby finds that
due and legal notice has been given; no private rights will be injured or endangered; the
public will suffer no loss or inconvenience; and, in justice to the current property owner, the
requested vacation should be granted.
Section 2. The West one foot six inches (1'6") of the existing 35 foot (35') building
setback requirement running westerly from the Woodlawn Street right-of-way across the
East side of the real property described herein is hereby annulled, vacated and
discontinued. Said real property being described as:
Lot five (5) and the East twenty (20) feet of Lot four (4), Block
2, Bel Aire Plaza 3rd Addition, an addition to Bel Aire, Sedgwick
County, Kansas; commonly known as 6334 Crestmark, Bel
Aire, Kansas.
Section 3. Effective Date
This Ordinance shall take effect and be in force from and after its publication in the
official city newspaper.
Passed by the City Council this j..Jj.., day of lJeceYh bel', 2004.
Approved by the Mayor this 7--1 h day of 1Jc" C r'1'YI. At' r ,2004.
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CITY CLE , SHERRYL L. CUTTER