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HomeMy Public PortalAboutOrd 630 Conditional Use on Certain Property Summary of Ordinance No. 630 City of Bel Aire, Kansas On February 6,2018,the City of Bel Aire,Kansas,adopted Ordinance No. 630,regarding approval of a Conditional Use allowing for home based gun smithing business 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 8th day of February, 2018.) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. 630 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 December 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 January 11, 2018, 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 4155 N Battin, 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, Sean T. Matheny, to allow for the conditional use upon the tract of land, such special use to allow the property owner to operate a home based gun smithing business at 4155 N Battin. 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 home based gun smithing business wherein no gun shall be detonated, on a tract of land located within the corporate city limits of Bel Aire, Kansas, at 4155 N Battin, and legally described as: Lot 4, Block H of the Aurora Park Addition 2 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 6th day of February, 2018. Approved by the Mayor this 6th day of February, 2018. DA ID AUSTIN, MAYOR ATTEST: �2 -W� STACEY C K, CITY CLERK SEAL 3 w Doc.*/Ffm-Pg: 2§751158 ncoipt ": 2052375 Recording Foe: 40.00 Pages Recorded; 3 Authorized Cashier; KVENATOR Date Recorded: 02/21/2018 02-6602 PM 111111111111111111111111111111111111111111111111111111111111 Please do not remove this cover page, it has become part of this document Grantor BEL AIRE CITY OF Grantee AURORA PARK ADDITION Type of Document MISC.ORD Recording Fees $0.00 Mtg Reg Tax $0.00 Total Amount $0.00 Return Address CITY OF BEL AIRE 7651 CENTRAL PARK AVENUE BEL AIRE, KS 67226 rv1 (0 ui ,T (First Published in the Ark Valley News on the 8th day of February, 2018.) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. 630 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 December 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 January 11, 2018, 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 4155 N Battin, 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, Sean T. Matheny, to allow for the conditional use upon the tract of land, such special use to allow the property owner to operate a home based gun smithing business at 4155 N Battin. 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 home based gun smithing business wherein no gun shall be detonated, on a tract of land located within the corporate city limits of Bel Aire, Kansas, at 4155 N Battin, and legally described as: Lot 4, Block H of the Aurora Park Addition 2 tr; �h • 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 6`h day of February, 2018. Approved by the Mayor this 6`h day of February, 2018. David Austin, Mayor, Bel Aire, KS ATTEST: �2tacey Cook, ity Clerk, Bel Aire, KS till 1/ 3