urban planning and land use
TRANSCRIPT
#SP-2019-117 and SP-2019-118 July 30, 2020 1
Urban Planning and Land Use
701 North 7th Street, Room 423 Phone: (913) 573-5750 Kansas City, Kansas 66101 Fax: (913) 573-5796 Email: [email protected] www.wycokck.org/planning To: Unified Government Board of Commissioners From: City Staff Date: July 30, 2020 Re: Petitions #SP-2019-117 and #SP-2019-118 GENERAL INFORMATION Applicant: Fred Del Toro Status of Applicant: Property Owner 76 South 18th Street Kansas City, KS 66102 Requested Action: SP-2019-117: Approval of special use permit to keep a horse on property (3447 N 31st Terr) SP-2019-118: Approval of special use permit to keep livestock on the property (3456 N 31st Terr) Date of Application: October 24, 2019 Purpose: To keep a horse on the property (3447 N 31st Terr); To keep livestock on property (3456 N 31st Terr)
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Property Locations: 3447 North 31st Terrace 3456 North 31st Terrace Commission Districts:
1. Commissioner At Large: Melissa Bynum 2. District Commissioner: Gayle Townsend
Existing Zoning: R-1(B) Single Family District with Narrow Lot Design Existing Surrounding Zoning: North: R-1(B) Single Family District with Narrow Lot
Design South: R-1(B) Single Family District with Narrow Lot
Design East: R-1(B) Single Family District with Narrow Lot
Design; RP-5 Planned Apartment District West: R-1(B) Single Family District with Narrow Lot Design Existing Uses: North: Apartment Development; Commercial Development South: Residential Development; Commercial Development East: Residential Development West: Applicants personal property; Residential Development; Quindaro Park Total Tract Size: 1.46 acres (3447 N 31st Terr); 3.09 acres (3456 N 31st Terr) Master Plan Designation: The City-Wide Master Plan designates the specified locations as Low-Density Residential. Major Street Plan: The Major Street Plan designates North 31st Terrace as a Local Street. Advertisement: The Wyandotte Echo – November 14, 2019
Letters to Property Owner – November 13, 2019, January 8, 2020, February 24, 2020, April 23, 2020 and July 27, 2020.
Public Hearings: December 9, 2019, February 10, 2020, April 13, 2020, April 30, 2020 and July 30, 2020. Public Opposition: Numerous opposition has been made to the requested action. Dr. Steve Collins – Dr. Collins is in opposition to the requested action based on the historical narrative tied to the Quindaro Ruins. Attached are Dr. Collins words of opposition. Additionally, Dr. Collins has submitted a cited paper he wrote in 2007, further detailing the history of the site of the ruins. The area in which the applicant’s property is located is designated as historical. Additionally, the site of the Quindaro Ruins has been recognized as an important site both locally and nationally. Dr. Collins believes the development of the applicant’s site, in the intended fashion is inappropriate and will infringe upon the integrity of the historical lands. Concerns related to the
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keeping of material on site, compliance with code, and access to the historical area itself have been expressed. Dr. Collins has also cited concerns related to run-off that may be associated with the keeping of livestock that has the potential to negatively impact the surrounding community. A second individual in opposition called in, however there are no further records of who was in opposition or for what reason. Additional emails for the April 13, 2020 City Planning Commission meeting were submitted and are attached. There was opposition at the Board of Zoning Appeals and City Planning Commission meetings. PROPOSAL Detailed Outline of Requested Action: The applicant is seeking the approval of a special use permit for the purpose of keeping a horse on their property at the address of 3447 North 31st Terrace. This is not the applicant’s primary residence. The property is currently zoned as an R-1(B) Single Family District with narrow lot design and is approximately 1.46 acres. Similarly, the surrounding properties are residential in nature. Currently no structures exist on the property, however this application has been submitted in conjunction with BOZA 2356, a variance for the purpose of building stables on the property. The applicant is also seeking the approval of a special use permit for the purpose of keeping livestock on their property at the address of 3456 N 31st Terrace. This is not the applicant’s primary residence. The property is currently zoned as an R-1(B) Single Family District with narrow lot design and is approximately 3.09 acres. Similarly, the surrounding properties are residential in nature. Currently not structures exist on the property. Additionally, the applicant has stated there are several chickens/roosters in the area. City Ordinance Requirements: 27-592 through 27-606 FACTORS TO BE CONSIDERED
1. The Character of the Neighborhood.
The surrounding properties are primarily residential in nature.
2. The zoning and uses of properties nearby and the proposed use’s expected compatibility with them.
The zoning and uses of properties nearby are set out above. The majority of the nearby uses are residential in nature. This use is not expected to be incompatible.
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3. The suitability of the property for the uses to which it has been restricted. Will removal of the restrictions detrimentally affect nearby property?
The removal of restrictions will not detrimentally affect nearby properties.
4. The length of time the property has remained vacant as zoned.
The property has been vacant for an unspecified amount of time and was purchased by the applicant in April of 2018.
5. The degree of conformance of the proposed use to the Master Plan.
Special use permits are not addressed in the Master Plan.
6. Whether the proposed use will result in increasing the amount of vehicular traffic to the point where it exceeds the capacity of the street network to accommodate it.
The proposed use is not expected to see an increase in the flow of traffic and is not expected to exceed the capacity of the street network.
7. Whether the proposed use is reasonably necessary for the convenience and welfare of the public and will not substantially or permanently injure the appropriate use, visual quality, or marketability of adjoining property.
The proposed uses are not reasonably necessary for the convenience and welfare of the public. It should not have an effect on nearby properties so long as the operation is conducted in a safe and secure manner.
8. Whether the noise, vibration, dust, or illumination that would normally be associated with such use is of such duration and intensity as to create problems for near-by property.
The intended uses should not be the source of such problems.
9. Whether the proposed use will pollute the air, land or water.
The proposed uses will not pollute the air, land, or water.
10. Whether the use would damage or destroy an irreplaceable natural resource.
This is not applicable.
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11. The relative gain to the public health, safety, and welfare as compared to the hardship imposed on the individual landowner or landowners.
The relative gain to public health, safety, and welfare as compared to hardship imposed on the landowners is minimal. Assuming proper security measures are taken, this operation should not cause a public safety threat.
12. Whether the proposed use would result in overcrowding of land or cause undue concentrations of population.
The proposed uses will not result in the overcrowding of the land.
PREVIOUS ACTIONS
• Applicant has applied for SP-2019-117 and SP-2019-118 in conjunction with BOZA 2356 (BOZA #2356 was approved on April 13, 2020.)
• Was heard on December 9, 2019 and was held over • Was heard on February 10, 2020 and was held over for 60 days • Was heard at the April 30, 2020 Unified Government Board of Commissioners
meeting and held over for 90 days in order for a swap of property to be pursued with the Landbank. Staff has not received any update.
NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on November 25, 2019. There were two individuals in attendance but there were no questions, comments, or concerns. A second meeting was held on February 15, 2020 with those in opposition to answer questions and concerns. KEY ISSUES The locations associated with this application fall within the historical environs associated with the Quindaro Ruins. The Quindaro Ruins is a site of historical significance recognized both locally and nationally. There are concerns related to the intended development of this area both in action as well as design. PLANNING COMMISSION RECOMMENDATION The Planning Commission voted 6 to 2 to recommend DENIAL of Special Use Permit Application #SP-2020-117, due to lack of clean-up on the property by the applicant. The Planning Commission voted 5 to 4 to recommend APPROVAL of Special Use Permit Application #SP-2020-118, subject to: Urban Planning and Land Use Comments:
1. Please provide pictures of site.
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2. What animals do you intend to keep and how many? Applicant Response: Chickens and possibly a horse, did not think this through in applying for variance for building a stable, but if decided to put a horse then an application will be submitted. Staff Response: Do you have an idea of how many chickens you intend to keep on the property? Applicant Response: Haven't really thought of a total number of chickens in the property, it wouldn't be many in my opinion but currently I would be happy to just be able to get livestock (sheep and goats) in there and would be fine in not having chickens. In one of the Public Works Comments it stated:
At the meeting Mr. Del Toro stated that he would like 15 chickens and a total of a combination of 15 goats/sheep. The Planning Commission recommended a total of 15 chickens and a total of a combination of 6 goats/sheep for #SP-2019-118 for the property located at 3456 North 31st Terrace.
" 5. Per Sec. 27-340, Livestock means horses, mules, cattle, sheep, and goats. 6. No swine are permitted"
Staff Reponses: You can have up to six chickens before a special use permit is required.
3. Please describe care and maintenance as related to the animals including facilities, security, and land. Applicant Response: Property has been cleaned out from when originally purchased, lots of debris/trash in the area. Currently there is some lumber that will be disposed of. Future plan would be to place a fence around the property. NOTE: An enclosure for the horse stable was approved by the Board of Zoning Appeals for the property at 3447 North 31st Terrace, but not a perimeter fence not already allowed by right.
4. Please detail how the property is maintained to accommodate the animals? Applicant Response: No animals currently on the property, but a horse is placed on the property within an enclosure while a stable is in the works, an application will be submitted.
5. Per Sec. 27-340, Livestock means horses, mules, cattle, sheep, and goats. Applicant Response: Noted
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6. No swine are permitted. Applicant Response: Noted.
Public Works Comments: A) Items that require plan revision or additional documentation before
engineering can recommend approval: 1) None.
B) Items that are conditions of approval (stipulations): 1) None.
C) Comments that are not critical to engineering’s recommendations for this specific submittal, but may be helpful in preparing future documents: 1) None
Staff Conclusion: Having reviewed the concerns of the opposition it is the recommendation of staff that SP-2019-117 and SP-2019-118 be approved. In recognizing the historical significance of the Quindaro Ruins it is the belief of staff that the requested actions will have little impact on the site itself or the surrounding area. The applicant has indicated the intended location of the stable and has stated their willingness to move elsewhere within the confines of the property if it is determined that an alternative location would be less impactful on the Quindaro Ruins. Due to the size and form of the structure (120 s.f.) there is little reason to believe that the impact of the requested action will extend beyond the boundaries of the site. The applicant has been made aware that the site must be cleaned of any excess material or trash and has stated they will do so. Related to the keeping of livestock, concern has been expressed related to the size and type of operation. Initially the applicant had stated their desire to keep a single horse and chickens. The applicant has since stated they are open to not keeping chickens as a resolve given that sheep and goats are permitted. The applicant was informed that if they were to have chickens, they can only have up to six before a special use permit is required. The size of the operation is rather small and minimal in impact. At the February 10, 2020 City Planning Commission meeting this application was held over for another 60 days providing time for further discussion in hopes to find a resolve between the applicant and the opposition. On February 15, 2020 the applicant held a meeting. At the meeting, there were questions as to the acquisition of the land, a point of entry not located on the applicant’s property, and supposed crimes that had taken place on the site of the Quindaro Ruins, none of which is germane to the applicants intended actions. Ultimately the applicant and opposition were unable to come to a resolve concerning the applicants desired actions. It was suggested by the applicant that the opposition source out other contacts whom might have greater knowledge as to how the ruins and the point of entry are managed and maintained. Director Rob
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Richardson found that the gate of concern at the point of entry to the Quindaro Ruins (not on the applicant’s property) was at some point put in place to avoid illegal dumping. It is unclear who built and owns the gate, but the Unified Government and several of the surrounding neighbors possess keys. This applicant does not possess a key. Director Richardson did state, however, that there is difficulty in closing the gate as it closes off access to a public street. It is clear that the concerns pertaining to the gate and management of the Quindaro Ruins site are not a responsibility of the applicant and are unrelated to the applicant’s requested actions. The applicant has stated however that they have consistently been in contact with the opposition as to how to find a resolve relating to the access and management of the property and moreover the closing of the gate. After much conversation with both the applicant and the opposition attempts have been made by all parties to resolve any conflict that has arisen, however unsuccessfully. It is clear that there is much concern and conversation to be had as to the management and access of the Quindaro Ruins and the illicit behavior that continues to take place therein. It has been concluded by staff that the applicant and their intended actions does not infringe upon the protection of the Quindaro Ruins and that much of the concern that has been raised does not relate to the applicant’s property specified by this application. Issues of land acquisition, illegal dumping and other illicit behavior, access and management, amongst many other issues pertaining to the site of the Quindaro Ruins are not germane to the intended actions of the applicant. Given that the nature of the special use permit is to be temporary, approval at this time is recommended. STAFF COMMENTS AND SUGGESTIONS The staff does not agree with the recommendation of the City Planning Commission in its denial of #SP-2019-117. By the Board of Zoning Appeals approving Appeal #2356 and the recommendation for denial by the City Planning Commission of this Special Use Permit, construction of a stable for the horse has been approved, but not the boarding of said horse. Additionally, the reason in the motion is contrary to standard practice where when an applicant enters the entitlement process as a result of rectifying a Notice of Violation, all work ceases. Mr. Del Toro had begun to clean up his site since the original site photographs in this application were submitted, and in response to the City Planning Commission’s motion, staff has asked Mr. Del Toro to fully address the Notice of Violation prior to the April 30, 2020 hearing. Staff will visit the property on the day of the hearing to confirm its condition to present as part of the meeting record accordingly. STAFF RECOMMENDATION
Staff recommends that the Board of Commissioners make the findings contained within the staff report related to Factors to be Considered, and Key Issues and recommends APPROVAL of Petitions #SP-2019-117 and #SP-2019-118 subject to all comments and suggestions outlined in this staff report.
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ATTACHMENTS April 13, 2020 City Planning Commission Minutes February 10, 2020 City Planning Commission Minutes December 9, 2019 City Planning Commission Minutes Meeting with Opposition Information – February 15, 2020 Neighborhood Meeting Information Email from Applicant – Holdover Letter from Opposition Pictures Conservation Comments (SP-2019-117) Conservation Comments (SP-2019-118) Aerial photograph displaying where the animal will be kept on the property (SP-2019-117) Aerial Photograph Additional Emails in Opposition REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Commission Public Hearing April 13, 2020 April 30, 2020 Special Use Held Over #SP-2019-117 Denial #SP-2019-228 Approval STAFF CONTACT: Jacob Pellegrino [email protected] MOTIONS #SP-2019-117: I move the Unified Government Board of Commissioners APPROVE Petitions #SP-2019-117 as meeting all the requirements of the City Code and being in the interest of the public health, safety and welfare subject to such modifications as are necessary to resolve to the satisfaction of City Staff all comments contained in the Staff Report; and the following additional requirements: 1._________________________________________________________; 2. _____________________________________________________; And 3. ________________________________________________________.
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OR I move the Unified Government Board of Commissioners DENY Petitions #SP-2019-117 as it is not in compliance with the City Ordinances and as it will not promote the public health, safety and welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned. #SP-2019-118: I move the Unified Government Board of Commissioners DENY Petitions #SP-2019-118 as it is not in compliance with the City Ordinances and as it will not promote the public health, safety and welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned. OR I move the Unified Government Board of Commissioners APPROVE Petitions #SP-2019-118 as meeting all the requirements of the City Code and being in the interest of the public health, safety and welfare subject to such modifications as are necessary to resolve to the satisfaction of City Staff all comments contained in the Staff Report; and the following additional requirements: 1._________________________________________________________; 2. _____________________________________________________; And 3. ________________________________________________________.
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April 13, 2020 City Planning Commission Minutes: Hearing Starts at 1:50:02: SPECIAL USE PERMIT APPLICATION #SP-2019-117 – FRED DEL TORO – SYNOPSIS: Special Use Permit to keep a horse at 3447 North 31st Terrace. SPECIAL USE PERMIT APPLICATION #SP-2019-118 – FRED DEL TORO – SYNOPSIS: Special Use Permit to keep chickens and livestock at 3456 North 31st Terrace Detailed Outline of Requested Action: The applicant is seeking the approval of a special use permit for the purpose of keeping a horse on their property at the address of 3447 North 31st Terrace. This is not the applicant’s primary residence. The property is currently zoned as an R-1(B) Single Family District with narrow lot design and is approximately 1.46 acres. Similarly, the surrounding properties are residential in nature. Currently no structures exist on the property, however this application has been submitted in conjunction with BOZA 2356, a variance for the purpose of building stables on the property. The applicant is also seeking the approval of a special use permit for the purpose of keeping livestock on their property at the address of 3456 N 31st Terrace. This is not the applicant’s primary residence. The property is currently zoned as an R-1(B) Single Family District with narrow lot design and is approximately 3.09 acres. Similarly, the surrounding properties are residential in nature. Currently no structures exist on the property. Additionally, the applicant has stated there are several chickens/roosters in the area. The following items were included as part of the record for this case:
1. The City’s currently adopted zoning and subdivision regulations; 2. The official zoning map for the area in question; 3. The City’s currently adopted Master Plan for the area in question; 4. The staff report and attachments dated April 13, 2020; 5. The application and other documents, plans, pictures and maps submitted by the
applicant in furtherance of the case and contained in the official file; 6. The Notice in the Wyandotte Echo dated November 14, 2019; 7. The Notices to property owners dated November 13, 2019, January 8, 2020 and
February 24, 2020; and 8. The testimony at the previous Board of Zoning Appeals meetings including the
testimony given earlier this evening at the Board of Zoning Appeals meeting.
Recording Secretary Parker asked if the Commission had any contact to disclose on this application. (No one responded in the affirmative.) Recording Secretary Parker stated that these applications were held over from the February 10, 2020 meeting in conjunction with the corresponding Appeal #2356 for the applicant to have a meeting with the stakeholders (people within 200’ and people who took former Director Richardson’s card and let him know they would like to be included.)
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The results of that meeting were included in the staff report and they were further discussed at tonight’s Board of Zoning Appeals meeting. Present in Support: Fred Del Toro, applicant
Present in Opposition: Recording Secretary Parker stated that she received emails in opposition from
the following: • Anna Brown • Brenda M. Vann • Louisa Libby • Marvin Robinson II
Planning Director Hand asked the applicant for clarification on how many animals will be on the property. Mr. Del Torro stated a maximum of 15 chicken and a maximum of a combination of 10 goats/sheep, but he would be agreeable to whatever is put on him tonight.
Staff Recommendation Starts At 1:59:16: Planning Director Hand stated that as the comments from the Board of Zoning Appeals meeting were carried over, there is a total of 6 comments in opposition. He further stated that the special use permits would be for two (2) years and would come back for review at the end of that time. The first special use permit would be for one (1) horse (#SP-2019-117), and as per the conversation with Mr. Del Toro with staff today, the second special use permit (#SP-2019-118) would be for a maximum combined of 6 goats and/or sheep. The Planning Commission directed questions/comments to the staff. Motion and Vote Starts At 2:03:12: On motion by Ms. Pauley, seconded by Mr. Ernst, the Planning Commission voted as follows to recommend DENIAL of Special Use Permit Application #SP-2019-117 due to lack of clean-up on the property by the applicant: Carson Chairman Cho Aye Connelly Aye Ernst Aye Huey Aye Jones Aye Miller No Pauley Aye Reasons No Motion to recommend DENIAL Passed: 6 to 2 On motion by Mr. Reasons, seconded by Mr. Miller, the Planning Commission voted as follows to recommend APPROVAL of Special Use Permit Application #SP-2019-118:
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Carson Aye Cho Aye Connelly No Ernst No Huey Aye Jones No Miller Aye Pauley No Reasons Aye Motion to recommend APPROVAL Passed: 5 to 4 Subject to: Urban Planning and Land Use Comments:
1. Please provide pictures of site. 2. What animals do you intend to keep and how many?
Applicant Response: Chickens and possibly a horse, did not think this through in applying for variance for building a stable, but if decided to put a horse then an application will be submitted. Staff Response: Do you have an idea of how many chickens you intend to keep on the property? Applicant Response: Haven't really thought of a total number of chickens in the property, it wouldn't be many in my opinion but currently I would be happy to just be able to get livestock (sheep and goats) in there and would be fine in not having chickens. In one of the Public Works Comments it stated:
At the meeting Mr. Del Toro stated that he would like 15 chickens and a total of a combination of 15 goats/sheep. The Planning Commission recommended a total of 15 chickens and a total of a combination of 6 goats/sheep for #SP-2019-118 for the property located at 3456 North 31st Terrace.
" 5. Per Sec. 27-340, Livestock means horses, mules, cattle, sheep, and goats. 6. No swine are permitted"
Staff Reponses: You can have up to six chickens before a special use permit is required.
3. Please describe care and maintenance as related to the animals including facilities, security, and land. Applicant Response: Property has been cleaned out from when originally purchased, lots of debris/trash in the area. Currently there is some lumber that will be disposed of. Future plan would be to place a fence around the property.
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NOTE: An enclosure for the horse stable was approved by the Board of Zoning Appeals for the property at 3447 North 31st Terrace, but not a perimeter fence not already allowed by right.
4. Please detail how the property is maintained to accommodate the animals? Applicant Response: No animals currently on the property, but a horse is placed on the property within an enclosure while a stable is in the works, an application will be submitted.
5. Per Sec. 27-340, Livestock means horses, mules, cattle, sheep, and goats. Applicant Response: Noted
6. No swine are permitted. Applicant Response: Noted.
Public Works Comments: A) Items that require plan revision or additional documentation before
engineering can recommend approval: 1) None.
B) Items that are conditions of approval (stipulations): 1) None.
C) Comments that are not critical to engineering’s recommendations for this specific submittal, but may be helpful in preparing future documents: 1) None
Staff Conclusion: Having reviewed the concerns of the opposition it is the recommendation of staff that SP-2019-117 and SP-2019-118 be approved. In recognizing the historical significance of the Quindaro Ruins it is the belief of staff that the requested actions will have little impact on the site itself or the surrounding area. The applicant has indicated the intended location of the stable and has stated their willingness to move elsewhere within the confines of the property if it is determined that an alternative location would be less impactful on the Quindaro Ruins. Due to the size and form of the structure (120 s.f.) there is little reason to believe that the impact of the requested action will extend beyond the boundaries of the site. The applicant has been made aware that the site must be cleaned of any excess material or trash and has stated they will do so. Related to the keeping of livestock, concern has been expressed related to the size and type of operation. Initially the applicant had stated their desire to keep a single horse and chickens. The applicant has since stated they are open to not keeping chickens as a resolve given that sheep and goats are permitted. The applicant was informed that if they were to have chickens, they can only have up to six before a
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special use permit is required. The size of the operation is rather small and minimal in impact. At the February 10, 2020 City Planning Commission meeting this application was held over for another 60 days providing time for further discussion in hopes to find a resolve between the applicant and the opposition. On February 15, 2020 the applicant held a meeting. At the meeting, there were questions as to the acquisition of the land, a point of entry not located on the applicant’s property, and supposed crimes that had taken place on the site of the Quindaro Ruins, none of which is germane to the applicants intended actions. Ultimately the applicant and opposition were unable to come to a resolve concerning the applicants desired actions. It was suggested by the applicant that the opposition source out other contacts whom might have greater knowledge as to how the ruins and the point of entry are managed and maintained. Director Rob Richardson found that the gate of concern at the point of entry to the Quindaro Ruins (not on the applicant’s property) was at some point put in place to avoid illegal dumping. It is unclear who built and owns the gate, but the Unified Government and several of the surrounding neighbors possess keys. This applicant does not possess a key. Director Richardson did state, however, that there is difficulty in closing the gate as it closes off access to a public street. It is clear that the concerns pertaining to the gate and management of the Quindaro Ruins site are not a responsibility of the applicant and are unrelated to the applicant’s requested actions. The applicant has stated however that they have consistently been in contact with the opposition as to how to find a resolve relating to the access and management of the property and moreover the closing of the gate. After much conversation with both the applicant and the opposition attempts have been made by all parties to resolve any conflict that has arisen, however unsuccessfully. It is clear that there is much concern and conversation to be had as to the management and access of the Quindaro Ruins and the illicit behavior that continues to take place therein. It has been concluded by staff that the applicant and their intended actions does not infringe upon the protection of the Quindaro Ruins and that much of the concern that has been raised does not relate to the applicant’s property specified by this application. Issues of land acquisition, illegal dumping and other illicit behavior, access and management, amongst many other issues pertaining to the site of the Quindaro Ruins are not germane to the intended actions of the applicant. Given that the nature of the special use permit is to be temporary, approval at this time is recommended. February 10, 2020 City Planning Commission Minutes: Recording Secretary Parker that since Mr. Del Toro’s appeal was held over at the Board of Zoning Appeals meeting, action should be taken on SP-2019-117 and 118. Director Richardson stated that he would recommend that these applications be held over until the April 13, 2020 City Planning Commission meeting.
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SPECIAL USE PERMIT APPLICATION #SP-2019-117 – FRED DEL TORO – SYNOPSIS: Special Use Permit to keep a horse at 3447 North 31st Terrace. SPECIAL USE PERMIT APPLICATION #SP-2019-118 – FRED DEL TORO – SYNOPSIS: Special Use Permit to keep a horse at 3456 North 31st Terrace. Detailed Outline of Requested Action: The applicant is seeking the approval of a special use permit for the purpose of keeping a horse on their property at the address of 3447 North 31st Terrace. This is not the applicant’s primary residence. The property is currently zoned as an R-1(B) Single Family District with narrow lot design and is approximately 1.46 acres. Similarly, the surrounding properties are residential in nature. Currently no structures exist on the property, however this application has been submitted in conjunction with BOZA 2356, a variance for the purpose of building stables on the property. The applicant is also seeking the approval of a special use permit for the purpose of keeping livestock on their property at the address of 3456 N 31st Terrace. This is not the applicant’s primary residence. The property is currently zoned as an R-1(B) Single Family District with narrow lot design and is approximately 3.09 acres. Similarly, the surrounding properties are residential in nature. Currently not structures exist on the property. Additionally, the applicant has stated there are several chickens/roosters in the area. On motion by Dr. Serda, seconded by Mrs. Jones, the Planning Commission voted as follows to HOLD OVER #SP-2019-117 and #SP-2019-118 until the April 13, 2020 City Planning Commission meeting in conjunction with the Appeal #2356 heard earlier this evening by the Board of Zoning Appeals: Carson Chairman Cho Aye Connelly Aye Ernst Aye Huey Aye Jones Aye Miller Not Present Neal Not Present Pauley Not Present Reasons Aye Serda Aye Motion to HOLD OVER Passed: 7 to 0 December 9, 2019 City Planning Commission Minutes: SPECIAL USE PERMIT APPLICATION #SP-2019-117 – FRED DEL TORO – SYNOPSIS: Special Use Permit to keep a horse at 3447 North 31st Terrace. SPECIAL USE PERMIT APPLICATION #SP-2019-118 – FRED DEL TORO – SYNOPSIS: Special Use Permit to keep a horse at 3456 North 31st Terrace. Recording Secretary Parker stated that since the appeal for Mr. Del Toro was held over at the Board of Zoning Appeals meeting this evening the Planning Commission needs to take action on the two special use permits.
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On motion Ms. Jones, seconded by Mr. Miller, the Planning Commission voted 5 to 0 to hold over Special Use Permit Application #SP-2019-117 and Special Use Permit Application #SP-2019-118 until the January 13, 2020 meeting.
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