HomeMy Public PortalAboutOrd 628 Conditional Use on Certain PropertySummary of Ordinance No. 628
City of Bel Aire, Kansas
On December 5, 2017, the City of Bel Aire, Kansas, adopted Ordinance No. 628, regarding
approval of a Conditional Use allowing for a 2,400 square foot garage to be located in an R-1
District, 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.
1
(First Published in the Ark Valley News
on the 7th' the day of December, 2017.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 628
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 September 21, 2017, in conformance with Article Five of the Zoning Regulations
of the City of Bel Aire, Kansas.
WHEREAS, A public hearing was convened on October 12, 2017, 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 on the east side of Oliver Road at 4184 N
Oliver, 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 for a personal storage garage which 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, Larry D Skinner Jr., to allow for the conditional use upon the tract
of land, such special use to allow the property owner to construct a 2,400 square foot personal
storage garage at 4184 N Oliver.
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 construction of a 2,400 square foot garage on a tract
of land located within the corporate city limits of Bel Aire, Kansas, at 4184 N Oliver, and legally
described as:
Begin at the NW cor of the SW/4; th. E 403'; th. S 120'; th W 403'; th. N to begin 25-26-1E
SECTION 2. In conformance with Section 5.03 (D) and (E) of the Zoning Regulations, the
Governing Body finds that the request for a detached garage be constructed in a manner that 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 5t1' day of December, 2017.
Approved by the Mayor this 5th day of December, 2017.
DAVID AUSTIN, MAYOR
ATTEST:
STA Y COO, , CITY CLERK
SEAL
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Doc.*/Flm-Pg: 29737216
Receipt a: 2094092 Recording Fee: OD -
Pages Recorded: 1
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Please do not remove this cover page, it has become part of this document
Grantor BEL AIRE CITY OF
Grantee UNPLATTED
Type of Document MISC.ORD
Recording Fees $0.00
Mtg Reg Tax $0.00
Total Amount $0.00
Return Address
BEL AIRE, CITY OF
7651 E CENTRAL PARK AVE
BEL AIRE KS 67226-7600
Summary of Ordinance No. 628
City of Bel Aire, Kansas
On December 5, 2017, the City of Bel Aire, Kansas, adopted Ordinance No. 628, regarding
approval of a Conditional Use allowing for a 2,400 square foot garage to be located in an R-1
District, 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.
1
(First Published in the Ark Valley News
on the 7`1' the day of December, 2017.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 628
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 September 21, 2017, in conformance with Article Five of the Zoning Regulations
of the City of Bel Aire, Kansas.
WHEREAS, A public hearing was convened on October 12, 2017, 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 on the east side of Oliver Road at 4184 N
Oliver, 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 for a personal storage garage which 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, Larry D Skinner Jr., to allow for the conditional use upon the tract
of land, such special use to allow the property owner to construct a 2,400 square foot personal
storage garage at 4184 N Oliver.
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 construction of a 2,400 square foot garage on a tract
of land located within the corporate city limits of Bel Aire, Kansas, at 4184 N Oliver, and legally
described as:
2
Begin at the NW cor of the SW/4; th. E 403'; th. S 120'; th W 403'; th. N to begin 25-26-1E
SECTION 2. In conformance with Section 5.03 (D) and (E) of the Zoning Regulations, the
Governing Body finds that the request for a detached garage be constructed in a manner that 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 5`1' day of December, 2017.
Approved by the Mayor this 5th day of December, 2017.
ATTEST:
Stacey Cook, ity Clerk, Bel Aire, KS
P+�a ;: tom
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David ustin, Mayor, Bel Aire, KS