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Planning and Urban Design

701 North 7th Street, Room 423 Phone: (913) 573-5750 Kansas City, Kansas 66101 Fax: (913) 573-5796 Email: planninginfo@wycokck.org www.wycokck.org/planning To: City Planning Commission From: Planning and Urban Design Staff Date: August 10, 2020 Re: Petition #SP-2020-67 GENERAL INFORMATION Applicant: Cheryl Snopak Status of Applicant: Property Owner CherBear’s Dog Grooming 401 South 82nd Street Kansas City, KS 66111 Requested Action: Renewal of a Home Occupation Special Use Permit (SP-2019-93 expires 8/27/20). Date of Application: June 25, 2020 Purpose: To operate a dog grooming business. Property Location: 401 South 82nd Street

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Commission Districts: Commissioner At Large: Tom Burroughs District Commissioner: James F. Walters

Existing Zoning: R-1 Single Family District Adjacent Zoning: North: AG Agriculture District South: R-1 Single Family District East: R-1 Single Family District West: AG Agriculture District Adjacent Uses: North: Agricultural Use South: Single Family Residence East: Single Family Residence West: Agricultural Use Total Tract Size: 1.27 Acres Master Plan Designation: The City-Wide Master Plan designates this property as Low Density Residential. Major Street Plan: The Major Street Plan designates both 82nd Street and Richland Avenue as Local Streets. Required Parking: Section 27-454(e) requires two (2) off-street parking spaces shall be provided on the premises for each single-family dwelling, one (1) of which must be in a carport or garage. Advertisement: The Wyandotte Echo – July 16, 2020

Letters to Property Owner – July 16, 2020

Public Hearing: August 10, 2020 Public Support: The applicant collected responses to their neighborhood meeting letters each of which expressed support for their proposed use. Public Opposition: None to date. PROPOSAL Detailed Outline of Requested Action: The applicant, Cheryl Snopak, is requesting the renewal of a Home Occupation Special Use Permit (SP-2019-93 expires 8/27/20) to operate a full-service pet grooming salon in the garage of their residence. The applicant has stated that they specialize in grooming dogs who are misbehaved, afraid, abused, old, and frail. The applicant has stated that they will host one dog at a time, maximum two (2) per day. The applicant has received no Notices of Violation since their previous approval. The applicant has requested to be approved for five (5) years.

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City Ordinance Requirements: 27-592 through 27-606 FACTORS TO BE CONSIDERED

1. The Character of the Neighborhood. The neighborhood is primarily residential and agricultural in nature. This particular parcel, as well as many of the other parcels in the area are large as to accommodate agricultural use.

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. Given the residential and agricultural nature of the area, the proposed use is compatible if managed properly.

3. The suitability of the property for the uses to which it has been restricted. Will removal of the restrictions detrimentally affect nearby property?

A commercial operation is not suitable for a residential neighborhood without a Special Use Permit. The removal of restrictions has the ability to detrimentally affect nearby properties as a dog grooming business may lead to increased traffic, unsightly storage, parking issues and noise. As the proposed operation is relatively small and the property is relatively large, such problems are not anticipated if the commercial grooming operation is managed properly.

4. The length of time the property has remained vacant as zoned. The property is not vacant but is a single-family home in a suburban neighborhood currently occupied by the applicant.

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 inherently results in the increase of vehicular traffic. The vehicular traffic incurred by the proposed use is not expected to result in the increase of traffic to the point where it would exceed the capacity of the Local Streets.

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.

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The proposed use presents a convenience and supports the welfare of the public. It should not substantially or permanently injure the appropriate use, visual quality, or marketability of adjoining properties if managed properly.

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. Noise, vibration, dust, and illumination are not normally associated with a use of

such duration and intensity as to create problems for near-by property. Noise caused by dogs should not be an issue due to the size of lot and limitation of services.

9. Whether the proposed use will pollute the air, land or water.

The proposed use should not pollute the air, land or water if managed properly.

10. Whether the use would damage or destroy an irreplaceable natural resource.

The proposed use should not result in the damage or destruction of an irreplaceable natural resource as it is an existing single-family home in a suburban area.

11. The relative gain to the public health, safety, and welfare as compared to the hardship imposed on the individual landowner or landowners.

If this Special Use Permit is denied, the landowner will need to find an alternative location to conduct their business. The relative gain to the public health, safety, and welfare as compared to hardship imposed on the landowners is minimal.

12. Whether the proposed use would result in overcrowding of land or cause undue concentrations of population. The proposed use should not result in the undue concentration of population because the applicant’s operation is small and no more than one (1) client is served at any given time. The proposed use should not result in the overcrowding of land as it will occur within the basement of the existing single-family residence.

PREVIOUS ACTIONS (SP-2019-93 expires 8/27/20) NEIGHBORHOOD MEETING The applicant sent out letters in place of a neighborhood meeting on July 19, 2020. The applicant received multiple responses all in support of the proposed use.

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KEY ISSUES Noise Parking STAFF COMMENTS AND SUGGESTIONS Planning and Urban Design Comments:

1. Detail any capacity in which your operation has changed since your previous approval. Applicant Response: My business has not really changed in terms of operation, if anything I just have more customers.

2. What are your hours of operation? Applicant Response: My hours of operation are 9 am to 7 pm Tuesday through Saturday.

3. Detail how you accommodate parking? Applicant Response: I have a very large driveway that is about four cars wide with plenty of room for customers to park if need be. There should be no need to park on the street.

4. There appears to be a sign at the entrance to your business. Have you obtained a sign permit? Applicant Response: I do not have a permit for that sign. It is only 5-10 inches. Do I need a permit? Staff Response: No signs are allowed for a commercial operation in a residence. Sign will have to be taken down; you cannot obtain a permit.

5. No signs.

6. No employees other than members of the immediate family residing on the premises.

7. No more than two (2) clients doing drop-off or pick-up at any one time.

8. No overnight boarding of animals. Provide a scaled floor plan of the business.

9. No parking on street.

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10. Subject to approval, a $125.00 ordinance publication fee must be submitted to the Planning and Urban Design Department (check made payable to the Unified Treasurer) within 30 days following the Unified Government Board of Commissioners meeting. If a check is not submitted within 30 days, the petition becomes invalid. The approval will not go into effect until the ordinance is published in the newspaper.

11. The Special Use Permit shall be valid for five (5) years from the publication of the associated Ordinance. The Applicant is solely responsible for renewing their Special Use Permit. The Applicant should contact the Planning and Urban Design Department no less than two (2) months prior to the expiration of the permit in order to begin the renewal process. Any application for renewal that is submitted after the expiration date will be considered a new application with the associated application fee and approval term. If the renewal deadline is not met, all operations must cease until such time as a new Special Use Permit is approved.

Planning Engineering Comments: A) Items that require plan revision or additional documentation before engineering can

recommend approval: 1) None.

B) Items that are conditions of approval: 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 RECOMMENDATION

Staff recommends that the City Planning Commission make the findings contained within the staff report related to Factors to be Considered, and Key Issues and recommend APPROVAL of Petition #SP-2020-67 subject to all comments and suggestions outlined in this staff report, and summarized by the following conditions:

1. No signs are allowed to be displayed on the property, and your current sign will need to be removed;

2. No employees other than members of the immediate family residing on the premises;

3. No more than two (2) clients doing drop-off or pick-up at any one time; 4. No overnight boarding of animals; 5. No client parking on street. All pick-ups and drop-offs must happen in the

driveway and off the street; 6. Must maintain a business license with the Business Licensing Department; 7. Subject to approval, a $125.00 ordinance publication fee must be submitted

to the Planning and Urban Design Department (check made payable to the Unified Treasurer) within 30 days following the Unified Government Board of Commissioners meeting. If a check is not submitted within 30 days, the

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petition becomes invalid. The approval will not go into effect until the ordinance is published in the newspaper; and

8. The Special Use Permit shall be valid for five (5) years from the publication of the associated Ordinance. The Applicant is solely responsible for renewing their Special Use Permit. The Applicant should contact the Planning and Urban Design Department no less than two (2) months prior to the expiration of the permit in order to begin the renewal process. Any application for renewal that is submitted after the expiration date will be considered a new application with the associated application fee and approval term. If the renewal deadline is not met, all operations must cease until such time as a new Special Use Permit is approved.

ATTACHMENTS Neighborhood Meeting Information Business Plan Letter in Support Photographs Provided by Applicant Aerial View REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Commission Public Hearing August 10, 2020 August 27, 2020 Special Use STAFF CONTACT: Jacob Pellegrino jpellegrino@wycokck.org MOTIONS I move the Kansas City, Kansas City Planning Commission RECOMMEND APPROVAL of Petition #SP-2020-67 to the Unified Government Board of Commissioners 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 of the Kansas City, Kansas City Planning Commission: 1._________________________________________________________; 2. _____________________________________________________; And 3. ________________________________________________________.

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OR I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of Petition #SP-2020-67, to the Unified Government Board of Commissioners 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.

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