HomeMy Public PortalAboutOrd 576 Conditional Use on Property(First Published in the Ark Valley News
on the 3rd day of September, 201S.;
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 576
AN ORDINANCE APPROVING A CONDITIONAL USE ON CERTAINPROPERTY ZONED R.5 LOCATED WITHIN THE CORPORATE CITY
LIMITS OF THE CITY OF BEL AIRE, KANSAS.
WHEREAS, Notice of a public hearing to consider a Conditional use request was provided inconformance with Article 5 of the Zoning Regulations of the City of Bel Aire, Kansas.
WHEREAS, A public hearing was convened on August 19, 2015, by the planning Commissionfor the City of Bel Aire, Kansas, to consider the matter of permitting a Conditionil use upon atract of land within the City of BelAire, Kansas, more fully described-below, in conformance withthe requirements set forth in Chapter 18 - Part A, Article 8, Section 8.02 of the ZoningRegulations of the City of BelAire, Kansas;
WHEREAS, Following the public hearing, the Planning Commission found that the evidencesupported recommending approval of this requested Conditional use request based upon theguidelines set forth in Chapter 18 - Part A, Article 7, Section 7.06(Ai(2)(h) of the ZoningRegulations of the City of Bel Aire, Kansas;
WHEREAS, The Planning Commission for the City of Bel Aire, Kansas recommends approval ofthe application by Gene Vitarelli and other homeowners in the Rock Spring Addition to allow forthe Conditional use upon the tract of land, as described below, such bonditional use fully
described allows the construction and use of detached sheds on single family lots in the
Rock Spring Addition, Bel Aire, Kansas, with conditions;
WHEREAS. The recommendation for approval of this conditional use by the Bel Aire planning
Commission is based upon application of the following conditions to this Conditional Use permit:
1. All construction, including additions, alterations, modifications, and/or use of any
detached shed pursuant to this Conditional use, shall be subject to all applicablegovernmental laws, codes, regulations, licensure, permitting and inspection associated
with construction and property maintenance within the City of BelAire, Kansas.
2. Sheds may be permitted upon a rear set back line but may not encroach upon
any easement, or be located closer than 10' to a rear property line.
3. The side yard shall be maintained at 6 feet, and no sheds may be located within
a side yard setback.
4. All properties shall comply with the required 30% land coverage codes, as wellas conform to the type and height structure restrictions.
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 and approves the Planning Commission's recommendation for permitting theConditional use of construction and use of detached sheds on single family lots in the Rock
Spring Addition, Bel Aire, Kansas with conditions listed herein upon those tracts of land located
within the corporate city limits of Bel Aire, Kansas, more specifically described as:
All of Block 1, all of Block 2, all of Block 3, and all of Block 4 of the Rock Spring Addition
to the City of Bel Aire, Kansas.
Lots 6 - 30 of Block 5, and Lots 1 - 6 of Block 6 of the Rock Spring Addition to the City
of BelAire, Kansas.
SECTION 2. The following conditions shall apply to this Conditional Use Permit:
1. All construction, including additions, alterations, modifications, and/or use of any
detached shed pursuant to this Conditional use, shall be subject to all applicablegovernmental laws, codes, regulations, licensure, permitting and inspection associated
with construction and property maintenance within the City of Bel Aire, Kansas.
2. Sheds may be permitted upon a rear set back line but may not encroach upon
any easement, or be located closer than 10' to a rear property line.
3. The side yard shall be maintained at 6 feet, and no sheds may be located within
a side yard setback.
4. All properties shall comply with the required 30% land coverage codes, as well
as conform to the type and height structure restrictions.
SECTION 3. All ordinances, parts of ordinances, or other regulations or policies in conflict
herewith are hereby repealed.
SECTION 4. This Ordinance shall take effect and be in force from and after publication of its
summary within the official city newspaper.
Passed by the City Council this 1't day of September,2015.
Approved by the Mayor this 1't day of September,2015.
D AUSTIN. MAYOR
ATTEST:
SEAL