HomeMy Public PortalAboutOrd 603 Special Use of R-1 Property(First Published in the Ark Valley News
on the 6th day of October, 2016.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 603
AN ORDINANCE APPROVING A SPECIAL USE ON CERTAINPROPERTY ZONED R.l LOCATED WITHIN THECORPORATE CITY LIMITS OF THE CITY OF BEL AIRE,KANSAS.
WHERBAS, Notice of a public hearing to consider a special use request was provided inconformance with Article 8 of the Zoning Regulations of the City of Bel Aire, Kansas.
15, 2016, by the planning
ter of permitting a special use
in Articre EishLY J"X:# 1: J.l':il;#Hfi !Regulations of the City of Bel Aire, Kansas;
WHEREAS, Following the public hearing, the Planning Commission found that the evidencesupponed recommending approval of this requested special use request based upon the guidelinesset forth in Article Eight, Section 8.04 of the ZoningRegulations of the City of Bel Aire, Kansas,in that this specific business plan aevetoped.to be integrated inio residential property,through development of a large ace utilized to provide personalized yoga therapysessions in a manner designed to ay to day residential nature of the neighborhood;
WHEREAS, The Planning Commission for the City of Bel Aire, Kansas recommends approvalof the application by agent Jim E. Michael, for proplrty owner Susan L. Levine, to allow for thespecial use upon the tract of land described below, iuch special use permitting the homeowner tooperate a home based business providing personalized yoga therapy sessions, in conformance withall home based business regulations of the City.
BE IT ORDAINBD BY THE GOVERNING BODY OF THE CITY OF BBL 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 the specialuse of operating a home based business upon that tract of land located within the corporate citylimits of Bel Aire, Kansas, generally known as 4835 N. Hillcrest, and more specifically described
t-::::, Block D, Arthur Heights Addition, within the City of Bel Aire, Sedgwick County,l\.ansas.
SECTION
Body rinds fi"jjffiT:i"ffi?TTT:,,ffirT,:illl:
:::ii:::t1i arse space in rhe baiement, and provision of
neighborhood. e in the day to day residential nature of the
SECTION 3.
srandards prov :i,o;":1"'"ffi1i:::["trTffiJ,';: 3;rT1"":ll;Code in associ
l ' The permitted home based occupation will be a personalized yoga therapy business.
2' The homeowner will be the only yoga therapist of the business, but the homeownermay retain one additional employee of the buiiness, other than the co-homeowner(applicant's spouse).
3' All construction, including additions, alterations, modifications, and/or use of anypart of this property shall be subject to all applicable governmental laws, codes,regulations, licensure, permitting and inspection associated with construction and propertymaintenance within the City of Bel Aire, Kansas.
4' This business will not be required to accept commercial product delivery to thebusiness site, except via standard delivery services utilized,by residential properties, suchas Fed Ex, USPS, and UpS.
5' This business will not make deliveries of product, or maintain a delivery vehicle.
6' Client/customer vehicles visiting the property will have adequate parking withinthe drive-way, garage, or on the street oirectty in front of the sutject prop.rty. Noclient/customer vehicles will remain at subject pioperty after 7:00 p.m.
7 ' Homeowner will continue to operate the subject property as primarily a residence,to ensure that the use of the subject property best comports with its location within aresidential neighborhood and does not negatively impact the property values ofneighboring properties through excessive traffic, noise, odor, or visual unrigithn"ss. Noequipment shall be used which shall create undue noise, vibration, electricaiinterference,
smoke or particulate matter emission, power demands or odors.
8' The Dwelling and site shall remain residential in appearance and characteristics.Internal or external changes that will make the Dwelling appear less residential in characteror function are prohibited. Examples of such prohibited alterations include construction ofParking Lots, paving of required Setbacks, or the addition of commercial-like exteriorlighting.
9 ' The subject property shall conform to all zoning regulations associated with Home
quirement that the applicant notify the
Landowners of the request to establish
ine s s ac ti rx ;:jlT,'lfj lil:l:: il3: i:l",fl rfl il:j
:he intent to utilize a nonresident employee. Theproposed business/occupation notice will provide the anticipated times/datesftrours ofoperation and estimate person and vehic le usage of the p.op".ty at its highest levels, aswell as at regular levels.
l0' The subject property shall conform to all zoning regulations associated with Home
ations are required to register withAt the time of registration, the
with the standards, conditions and
It is the responsibility of the applicant t
tied to the applicant and to the Lot occ
transferable to other sites or to orher opeiatorr. THIS SPECIAL usE DOES NoT RUNWITH THE LAND. The applicant shall also demonstrate at the time of registrationcompliance with neighborhood notice requirements.
I 1' The subject property will conform to all current codes of the City and State, and assuch may be amended and updated from time to time.
12.
the ci i"ffiH,HX1};;ffi""1',fi::r'.."1Ti::'"';:ljl
to usewhich ot provided for within the R-l zoning district in
SECTION 4' All ordinances, parts of ordinances, or other regulations or policies in conflictherewith are hereby repealed.
SECTION 5. This ordinance shall be filed with the Sedgwick County Register of Deeds.
SECTION 6' This ordinance shall take effect and be in force from and after appropriate filingand the publication of its summary in the official city newspaper.
Passed by the City Council this 46 day of October ,2016.
Approved by the Mayor this 4ft day of October, 2016.
DAVID AUSTIN, MAYOR
ATTEST:
SEAL