Archive for Wednesday, April 3, 2002

Cabinet Shop variance denied by Zoning Board

April 3, 2002

The Basehor Board of Zoning Appeals denied a variance request from the Cabinet Shop of Basehor Tuesday night during a public hearing.

Cabinet Shop owner Donald Dyster was hoping to sell the property that formerly housed his business to Dany Foy of Construction Services.

The building was destroyed by fire last May.

Foy would have renovated the building and used it for storage space for his business. There would have been retail space available as well.

According to city codes, one parking space per 1,000 square feet is required for new construction.

For renovation, the building would be required to have 15 parking spaces with at least one handicap space and another space in the rear of the building for loading, city officials said.

The variance request was to allow eight parking spaces.

"There is nowhere to gain parking space because it's in the middle of downtown," Dyster said.

"Without the parking variance there is nothing that can be done with the building," he added.

To approve the request, the three-member zoning appeals board would have had to approve five criteria.

However, board members approved only four of the criteria, deciding not to stray from the normal city codes.

"That's what we write these things for, so we can follow them," board member Ron Owen said.

Board member Ray Harvey said he wanted to allow the variance so another business could locate in the city instead of the building remaining vacant.

"I think we have to make variances every once in a while," Harvey said. "I'd rather see it as some kind of business.

"I can't see holding up an ownership problem over a few code violations," he said.

However, the remaining board members held firm and the variance request was denied because it would vary from the normal city codes.

"Our purpose is to interpret codes and the intent of the codes," Owen said.

City officials said Dyster could appeal the decision in Leavenworth County District Court.

Following the board of appeals' decision, the Basehor Planning Commission met to continue a public hearing for a rezoning request from the Basehor United Methodist Church.

Church members were hoping to rezone the church's lot, 2826 N. 155TH St., from single family residential to multi family residential.

City officials said two parties are interested in buying the church lot and using it for apartment complexes.

However, several nearby residents opposed the rezoning because they didn't want an apartment complex in their neighborhood.

The commission will recommend the council denying the request.

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