BOARD OF ZONING APPEALS

February 15, 2000

MINUTES

The Andover City Planning Commission met for a regular meeting on Tuesday, February 15, 2000 at the Andover Civic Center.  Members present were John McEachern, Joe Robertson, Jim Orr, Ron Roberts, Charles Malcom, and Quentin Coon.  Others in attendance were Les Mangus, Zoning Administrator, Jeff Bridges City Clerk/Administrator and Pam Darrow, Administrative Assistant.  Planning Commission members Lynn Heath and Lori Hays were absent. City Council liaison, Tim McFadden was also absent.

The meeting was called to order by Chairman John McEachern at 7:00 p.m.

Call to order.

Review of the minutes of the January 18, 2000 Planning Commission/Board of Zoning Appeals meeting.  Motion to approve minutes as presented by Charles Malcom, seconded by Jim Orr.  Motion carried 6 to 0.

Review of the minutes of the January 18, 2000

Minutes of February 1, 2000 Site Plan Review Committee minutes were received and filed.

Minutes of the January 25, 2000 City Council meeting minutes were received and filed.

There were no committee or staff reports; however Les Mangus told the Committee that the minutes from the January 11, 2000 Subdivision Committee meetings were also in the packet they received last week.

Motion was made by Joe Robertson and seconded by Charles Malcom to recess from the Planning Commission and convene the Board of Zoning Appeals.  Motion carried 6-0.

Board of Zoning Appeals convened at 7:02 and the public hearing was opened. Case BZA V 2000-01.  Variance of the 60’ height communication structure limitation for tower to be located at 1403 W. Ledgerwood Drive. Les Mangus stated that after lengthy discussion with the City Planning Consultant, Bickley Foster, it has been determined that the Commission can not act on this application as a variance.  Our Zoning Regulations, page 2-10 and 11 in definition of height, maximum states that communication structures, antennas and tower applicants may apply to the Board of Zoning appeals for a conditional use permit to exceed the height limitations.

Further, Article 10, Board of Zoning Appeals, Section 107 Variances, and Paragraph D. Standards: (c) requires that the applicant show unnecessary hardship upon the property owner in order to have jurisdiction to grant a variance.

After general discussion a motion was made by Jim Orr, seconded by Ron Roberts to deny the application as a variance due to the Committee’s lack of jurisdiction.  Motion carried 6-0. 

The applicant was told they would be welcome back to appear before the board with this item as a conditional use.  Michael Case, with Case, Moses & Zimmerman, Inc., 400 Commerce Bank Building, 150 N. Main, Wichita, Kansas, 67201, attorney for the applicant, Brad Murray, Inc., asked if he could comment.  The Chairman stated he could comment.  Mr. Case wanted to object to the action taken as his client had conferred with the City of Andover staff prior to filing the variance and were under the impression that this action was to be a variance.  He stated they were aware that AT&T had submitted a variance and were permitted to apply as such.  He stated he objected to having to come back as a conditional use however they will come back and do so.

BZA V 2000-01: 1403 W. Ledgerwood Drive

Andover Planning Commission member Lori Hays arrived at 7:08 p.m.

Motion was made by Ron Roberts and seconded by Joe Robertson to adjourn the Board of Zoning Appeals and reconvene the Planning Commission.  Motion carried 7-0.

Planning Commission reconvened at 7:09 p.m.

Member items.  Ron Roberts spoke to the Committee regarding his concerns with communication towers in Andover.  He feels there should be a moratorium on receiving any applications for communication towers by the City Council until staff can come up with new, more directed guidelines regarding communication towers.  After general discussion Mr. Roberts presented the following motion.

A motion was made by Ron Roberts that the Planning Commission recommend to the City Council that the City Council place a moratorium on construction of new towers within the City of Andover until staff and City Council can develop a policy on the types of tower construction acceptable and locations acceptable for such towers, including height limitations and how close they can they can be to residential locations. Motion was seconded by Quentin Coon.  Motion carried 7-0.

Discussion followed with a request by the Committee to have staff gather information from towns near Andover regarding communication tower guidelines.

Ron Roberts told the Committee that Butler County Planning Board heard the Butler County Planning Commission Case #RZ-99-36, Donald E. and Roselyn Schmidt and Gary G. Lawson, seeking a rezoning classification to change from Agricultural to Commercial on property generally located at 1508, 1522, 1608, and 1620 US Hwy 54, Andover, Kansas.  The Board passed the rezoning with the conditions that the frontage road be put in and paved within three years and there be no driveway access on US Hwy 54.  The Butler County Commission next week will hear this.

Member items

Motion was made by Charles Malcom and seconded by Jim Orr to adjourn.  Motion passed 7-0.  Meeting adjourned at 7:30 p.m.

Adjourn