Hutchinson zoning board denies both homeowner variances 7-0, citing no land-based hardship

Two Hutchinson homeowners lost their bids to build outside the city's residential zoning limits Tuesday, Sept. 8, when the Board of Zoning Appeals denied both requests on unanimous 7-0 votes.

The board turned down a request to raise the maximum front-yard paving on a residential lot from 40 percent to 51 percent at 409 Hyde Park, and a request to raise the sidewall height of a residential accessory structure from 12 feet to 14 feet at 3500 N. Lorraine. Under K.S.A. 12-759 et seq. and Section 27-1110 of the Hutchinson Zoning Regulations, the board may grant a variance only when all five statutory conditions are found to exist. Board members Rudy Rodriguez and Rod Calhoun made the motions to deny, and all seven members present voted yes in both cases.

At 409 Hyde Park, the applicant proposed a circular driveway requiring an additional driveway approach on a 10,360-square-foot lot with a 1,747-square-foot front yard. Applicant Gretchen Sanchez told the board she mainly needed the circle drive because her husband is disabled and needs to park closer to the house and drive straight out.

Staff found the request met none of the five criteria and rejected the comparisons the applicant cited, writing that the front yards at 2801 and 2907 Jefferson St. measure roughly 3,121 and 1,980 square feet and that 901 E. 14th Ave. is zoned R-5 rather than R-3. The staff report also said a nearby property owner had contacted staff in opposition, citing drainage into nearby properties and the street; no one spoke from the audience at the hearing.

The staff report said groundwork had already begun on the site, including digging out and removing the existing driveway, with no permits issued. Agent Wendell Miller apologized for starting work without the permit and said he had been confused by GovWell, the city's permitting portal, and thought the permit was approved.

The minutes record that Chair Elaine Carter "spoke about feeling like some of the requirements have been met." She voted with the rest of the board to deny.

At 3500 N. Lorraine, a 2.08-acre R-3 site, applicant Jesse Pinkerton sought 14-foot sidewalls for a detached garage to store and maintain recreational vehicles or boats. He told the board the building would be fine at the 12-foot limit if it were oriented differently, but said he preferred another orientation for interior space efficiency.

Staff found two of the five criteria met, seeing no adverse effect on adjacent property owners and none on the public welfare, but concluded the request failed on uniqueness, unnecessary hardship and the spirit and intent of the regulations. Staff wrote that the costs the applicant cited — renting space elsewhere, secondary utilities, transport and time away from family — are personal and financial circumstances rather than physical restrictions of the property and do not constitute a land-based hardship.

Calhoun said there was no leeway on height, and board member Linda Kelly said she could not see a path to finding all five criteria met; Carter agreed. Board member Denice Gilliland raised sending the case back to staff before a formal decision, and the group agreed there were other paths forward besides a variance.

According to the minutes, interested parties have 30 days to appeal a Board of Zoning Appeals decision to District Court, a window that runs to roughly Oct. 8 for both denials.

Some of those other paths remain open: Associate Planner Paul Schiffelbein told the board nothing prevented the N. Lorraine applicant from using a different truss type to get a 12-foot opening on the side. At 409 Hyde Park, the staff report said permits were pending the outcome of the request; the minutes do not say what the city will require of the already-excavated driveway.

On the board's Sept. 22 agenda was BZA-26-0006, a request by owner 2115 Hodson L.L.C. and agent Zimmerman Properties LLC to increase the permitted building height from 35 feet to 50 feet on a 2.43-acre C-4 Special Commercial District site at the northeast corner of E. 11th Avenue and N. Lorraine Street, immediately west of K-61 Highway. The proposal is for a four-story, 48-unit apartment building.

The staff report says the property's triangular shape, along with required setbacks and drainage improvements, limits the developable area, so accommodating the 48 units required by the project's Low Income Housing Tax Credit award — the subsidy program for income-restricted apartments, awarded here through the Kansas Housing Resources Corporation — requires a four-story building. Staff found all five criteria met and recommended approval.

This article was written using our proprietary AI system, Cronkite. The final decision to publish this article was made by a human. For more info, read our AI policy.

Found a mistake? Have a news tip or feedback to share? Contact our newsroom using the button below:

Contact Us