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					                 Urban Planning and Land Use


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:                  Unified Government Board of Commissioners

From:                City Staff

Date:                December 3, 2009

Re:                  Petition #SP-2009-52 (090338)

GENERAL INFORMATION

Applicant:
Ann Brandau Murguia

Status of Applicant:
Owner
2502 Strong Avenue
Kansas City, KS 66106

Requested Action:
Approve Special Use Permit

Date of Application:
August 13, 2009

Purpose:
To have three (3) chickens (no roosters)

Property Location:
2502 Strong Avenue

Existing Zoning:
R-1(B) Single Family District




#SP-2009-52                       December 3, 2009                                 1
Existing Surrounding Zoning: North:      Railroad Right-of-Way
                             South:      CP-1 Planned Limited Business District
                             East:       R-1(B) Single Family District
                             West:       R-1(B) Single Family and C-1 Planned Limited
                                         Business Districts

Existing Uses: North:      Burlington Northern/Santa Fe railroad yard
               South:      Single family homes
               East:       Smaller lot single family homes
               West:       Small lot single family homes and a commercial business

Total Tract Size:   .72 acre

Master Plan Designation: The Master Plan classifies this area as Low Density
Residential

Major Street Plan: The Master Plan designates 25th Street and Strong Avenue as local
streets.

Advertisement:      The Wyandotte Echo – September 17, 2009
                    Letters to Property Owner – September 15, 2009, October 20, 2009
                    and November 13, 2009

Public Hearings     October 19, 2009, November 9, 2009 and December 3, 2009

Public Opposition: No one appeared in opposition at the October 19 or November 9,
2009 City Planning Commission meetings.

PROPOSAL

Detailed Outline of Requested Action: The applicant, Ann Brandau Murguia wants to
have three (3) chickens, no roosters at 2502 Strong Avenue. Her intent is to gather the
eggs and use them daily. She plans on housing the chickens in a coop, which is located
in the rear yard.

City Ordinance Requirements: 27-592 through 27-606

FACTORS TO BE CONSIDERED

   1. The Character of the Neighborhood.

      The character of the neighborhood is primarily comprised of single family homes
      to the south, west and east of the proposed use. Additionally, the freight railroad
      yard is directly north of this property.




#SP-2009-52                      December 3, 2009                                           2
   2. The zoning and uses of properties nearby and the proposed use’s expected
      compatibility with them.

      While the Burlington Northern/Santa Fe railroad yard is adjacent to the proposed
      use, which alone, creates a considerable amount of noise, the majority of the
      properties surrounding the applicant’s property are zoned R-1(B) Single Family
      District. Thus, the volume of trains passing through this area and the noise
      associated with that industry should mitigate the noise creates by chickens in the
      rear yard.

   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 the restrictions should not detrimentally affect nearby property.

   4. The length of time the property has remained vacant as zoned.

      The property is not vacant.

   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 will not result in increasing the amount of vehicular traffic to
      the point where it exceeds the capacity of the street network to accommodate it.

   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 keeping of chickens is not reasonably necessary for the convenience and
      welfare of the public and will not substantially injure the appropriate use, visual
      quality or marketability of the adjoining property considering the railroad yard is
      adjacent to many of the properties in the area.

   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 noise that would normally be associated with keeping chickens may create
      problems for nearby property, as there are small lot single family homes across
      26th Street. However, depending on the frequency that trains pass through this
      area, the noise generated by them may overshadow the noise produced by the
      chickens.



#SP-2009-52                      December 3, 2009                                           3
   9. Whether the proposed use will pollute the air, land or water.

        The proposed use may pollute the air and land if the coop and the surrounding
        area are not maintained and cleaned regularly or in a timely fashion.

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

        The proposed use would not damage or destroy an irreplaceable natural
        resource.

   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 the public health, safety and welfare is minimal as compared
        to the hardship imposed on the individual landowner. While the coop has been
        constructed, the coop can be taken down and converted into a storage shed.

   12. Whether the proposed use would result in overcrowding of land or cause
       undue concentrations of population.

        The proposed use will not result in overcrowding of land or cause undue
        concentrations of population.

PREVIOUS ACTIONS

This application was held over from the October 19, 2009 City Planning Commission
meeting as the applicant could not be present.

NEIGHBORHOOD MEETING

The applicant did not conduct a voluntary neighborhood meeting as recommended by
staff.

KEY ISSUES

Noise

PLANNING COMMISSION RECOMMENDATION

The Planning Commission voted 7 to 1 to recommend approval of Special Use Permit
Application #SP-2009-52, subject to:

Urban Planning and Land Use Comments:

   1. Subject to approval, this petition will be approved for two (2) years.


#SP-2009-52                       December 3, 2009                                      4
   2. Contact Animal Control to make sure the proposed number of chicken is
      appropriate.

         Applicant’s Response: None

   3. How often will you clean the coop? It is imperative that the area around the
      coop is maintained, ensuring that adjacent property owners are not
      affected by this use.

         Applicant’s Response: None

   4. It shall be noted that staff does have concerns about the noise created by
      the chickens and their proximity to single family homes in the area. Any
      concerns of the neighbors should be considered carefully.

Public Works Comments:
1. None

STAFF COMMENTS AND SUGGESTIONS

The staff concurs with the recommendation of the City Planning Commission.

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 Petition #SP-2009-52 subject to all comments and suggestions outlined
in this staff report.

ATTACHMENTS

October 19, 2009 City Planning Commission Minutes
November 9, 2009 City Planning Commission Minutes
Photograph of Property
Photographs of Chicken Coop

REVIEW OF INFORMATION AND SCHEDULE

Action        Planning Commission         Unified Government Commission
Public Hearing October 19, 2009           December 3, 2009
Special Use    Held Over
               November 9, 2009
               Approval

STAFF CONTACT:              Byron Toy




#SP-2009-52                       December 3, 2009                                 5
MOTIONS

I move the Unified Government Board of Commissioners APPROVE Petition #SP-2009-
52 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. ________________________________________________________.

OR

I move the Unified Government Board of Commissioners DENY Petition #SP-2009-52,
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.

CITY PLANNING COMMISSION MEETING – OCTOBER 19, 2009

090338 SPECIAL USE PERMIT APPLICATION #SP-2009-52 – ANN BRANDAU
MURGUIA – SYNOPSIS: Special Use Permit for three (3) chickens (applicant has
indicated that there will be no rooster) at 2502 Strong Avenue
Ms. Parker stated that the following items should be 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 October 19, 2009;
   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 September 17, 2009;
   7. The Notices to property owners dated September 15, 2009.

Ms. Parker asked if any member of the Planning Commission had any contact to
disclose concerning this case. Planning Commissioner Mohler stated that Mrs. Murguia
called today to say that she had a medical emergency and was in Minneapolis,
Minnesota and might not be present this evening.

No one appeared in support of this application.

No one appeared in opposition to this application.




#SP-2009-52                      December 3, 2009                                           6
Planning Director Richardson stated that that he also received a call from Mrs. Murguia.
She asked that this application be held over until next month if she was not present.

On motion by Mr. Schwartzman, seconded by Mrs. Dercher, the Planning Commission
voted as follows on the motion to HOLD OVER Special Use Permit Application #SP-
2009-52 for the applicant to be present:
Angelotti            Aye
Dercher              Aye
Gonzalez             Aye
Huey                 Not Present
Hurrelbrink          Aye
Mohler               Abstained
Schwartzman          Aye
Serda                Aye
Walden               Chairman
Walker               Not Present
Watson               Not Present
Motion to HOLD OVER Passed: 6 to 0

CITY PLANNING COMMISSION MEETING – NOVEMBER 9, 2009

090338 SPECIAL USE PERMIT APPLICATION #SP-2009-52 – ANN BRANDAU
MURGUIA – SYNOPSIS: Special Use Permit for three (3) chickens (applicant has
indicated that there will be no rooster) at 2502 Strong Avenue


Ms. Parker stated that the following items should be 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 November 9, 2009;
   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 September 17, 2009;
   7. The Notices to property owners dated September 15 and October 20, 2009.

Ms. Parker asked if any member of the Planning Commission had any contact to
disclose concerning this case. Planning Commissioner Mohler excused himself at 9:05
p.m.

Mrs. Ann Brandau Murguia, 2502 Strong Avenue, applicant, appeared in support of this
application. She stated that she is requesting a special use permit for three (3)
chickens.

Planning Commissioner Schwartzman asked why she is requesting three chickens?
Mrs. Murguia stated that she read a book, The Urban Homesteader, which said that
three is a good number because they get along better.


#SP-2009-52                      December 3, 2009                                         7
Planning Commissioner Hurrelbrink asked if she has small children? Mrs. Murguia
stated yes, she has three small children. Mr. Hurrelbrink asked if she knows what
histoplasmosis is? Mrs. Murguia stated no. Mr. Hurrelbrink stated that it is a disease
that is born in chicken manure and he would caution her to be very careful with the
chicken manure around small children because it can be fatal.

Planning Commissioner Serda stated that he has seen that a chicken coup has been
constructed and asked if there is a chicken run? Mrs. Murguia stated yes, the staff has
pictures of the structure. She stated that she built a greenhouse in her back yard that
she grows vegetables in the winter months and transfers them to her garden outside the
structure in the spring. On the back side there is a coup and a little run.

No one appeared in opposition to this application.

Planning Director Richardson stated that that the staff recommends approval.

On motion by Mr. Hurrelbrink, seconded by Mr. Schwartzman, the Planning
Commission voted as follows on the motion to recommend APPROVAL of Special Use
Permit Application #SP-2009-52:
Angelotti           Aye
Dercher             No
Gonzalez            Aye
Huey                Aye
Hurrelbrink         Aye
Mohler              Not Present
Schwartzman         Aye
Serda               Aye
Walden              Chairman
Walker              Aye
Watson              Not Present
Motion to recommend APPROVAL Passed: 7 to 1
Subject to:

Urban Planning and Land Use Comments:
   1. Subject to approval, this petition will be approved for two (2) years.
   2. Contact Animal Control to make sure the proposed number of chicken is
      appropriate.

      Applicant’s Response: None

   3. How often will you clean the coop? It is imperative that the area around the
      coop is maintained, ensuring that adjacent property owners are not
      affected by this use.

      Applicant’s Response: None

   4. It shall be noted that staff does have concerns about the noise created by
      the chickens and their proximity to single family homes in the area. Any


#SP-2009-52                      December 3, 2009                                        8
      concerns of the neighbors should be considered carefully.

Public Works Comments:
1. None

Planning Commissioner Mohler returned at 9:10 p.m.




Photograph of property




#SP-2009-52                    December 3, 2009                   9
Shed located in the rear yard




Shed and coop located in the rear yard




#SP-2009-52                     December 3, 2009   10
Chicken coop located in the rear yard




Inside the chicken coop




#SP-2009-52                     December 3, 2009   11

				
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