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November 18, 2003


The Andover City Planning Commission met for a regular meeting on Tuesday, November 18, 2003 at 909 N. Andover Road in the Andover Civic Center. Chairman Quentin Coon called the meeting to order at 7:00 p.m. Commission Members present were Clark Nelson, Jan Cox, Jeff Syrios, Ron Roberts, Lynn Heath, and David Martine Others in attendance were Zoning Administrator Les Mangus, Administrative Secretary Deborah Carroll, City Clerk/Administrator Jeff Bridges, and City Council Liaison Keith Zinn. Commission Member Charlotte Bass was absent.

Call to Order

Review the minutes of the October 21, 2003 Planning Commission meeting. Lynn Heath said on page 2, the words "He thinks" needs to be "Les said".

Clark Nelson made a motion to approve the minutes as corrected. Lynn Heath seconded the motion. Motion carried 6/0/1 with David Martine abstaining.

Review the minutes of the October 21, 2003 Planning Commission meeting.

Review the minutes of the October 14, 2003 and October 28, 2003 City Council meetings.

Review the minutes of the November 4, 2003, November 6, 2003 and November 13, 2003 Site Plan Review Committee meetings.

Review the minutes of the November 11, 2003 Subdivision Committee meeting.

All above minutes were received and filed without comments.

Staff Reports: none

Communications and Reports

Review the Final Plat for Chance Acres: Roger Cutsinger, 205 S. Main, El Dorado, Kansas, represented the Chance family on this plat. Les Mangus was given new plats as corrected from the Subdivision committee as well as the drainage plan.

Les Mangus said he has not received the title report yet. Mr. Cutsinger said it is on the way.

Mr. Cutsinger said the Subdivision Committee asked him to add the 70' road right-of-ways on the west and south sides of Lot 1, and to put in a 30' landscape reserve on the far west side to preserve the existing hedgerow. The KGE easement that is on the south side will also be made a reserve so that it will allow access from the south and west. Lot 2 has been changed to a 5 acre net. The remaining large piece of land will continue to be farmed by the owners. He further stated that the County Commission would review the road dedications for approval.

Lynn Heath asked about the electric right-of-way. Mr. Cutsinger said there is an existing 75' Transmission Line right-of-way along the south line of Lot 1. He said that there is a 37.5' strip designated as reserve for access to the road on the south of Lot 1.

Clark Nelson asked if all the changes have been made as requested at Subdivision Committee. Mr. Cutsinger said that they have been made.

Clark Nelson asked if Les had the drainage plan. Les said that he has it, but is still waiting for the title report.

Lynn Heath asked Mr. Cutsinger to explain why the Subdivision Committee requested the easement on the south and west sides. Mr. Cutsinger said that for future planning of development, adding a 70' road on the south and west sides of the property along the 1/2 mile lines, it would allow for growth. Mr. Cutsinger talked to the owners regarding this and they have no objections.

Clark Nelson made a motion to recommend approval of the plat subject to Les' approval of the drainage plan and receipt of the title report. Lynn Heath seconded the motion.

Les Mangus said the Planning Commission approves the plat and the County Commissioners accept the dedications shown thereon.

Clark Nelson amended the motion to state: to accept the Final Plat for Chance Acres subject to Les' approval of the drainage plan and receipt of the title report. Ron Roberts seconded the motion. Motion carried 7/0.

Review the Final Plat for Chance Acres

VA-2003-05: Recommendation on the request by Don Klausmeyer for vacation of the south 5'6" of the 30' rear drainage/utility easement on the north side of Lot 10, Block 1, Phase II Caywood Addition, 1116 Elderberry Ct.

Les Mangus said that at the October Planning Commission meeting this application for vacation of drainage and utility easement in the Caywood II Addition was discussed. However, the public hearing before the Planning Commission was scheduled for tonight so the official action will take place tonight. Mr. Mangus said there is no one present tonight to represent this case, but he sees no problem with the approval.

Clark Nelson made a motion to recommend the approval of Case No. VA-2003-05 as presented. Lynn Heath seconded the motion. Motion carried 7/0.

VA-2003-05: request by Don Klausmeyer for vacation of the south 5'6" of the 30' rear drain./utility easement, Caywood Addition, 1116 Elderberry Ct.

At 7:15 p.m., Lynn Heath made a motion to recess the Planning Commission and convene the Board of Zoning Appeals. Ron Roberts seconded the motion. Motion carried 7/0.


BZA-V-2003-05: Public hearing on an application for variance of the required minimum paved parking stalls, to allow Butler County Community College to continue to use a gravel parking area at 110 East 21st Street. Mike Calvert, Dean of Butler Learning Community Centers, said he would answer any questions of the Planning Commission.

Lynn Heath said he was serving on the Planning Commission when the last variance for 3 years was granted. He was concerned how long this parking lot would need to continue.

Mike Calvert said in the past 3 years, the college has obtained a new facility on 13th Street and is leasing to own 62,000 square feet of the old Raytheon facility. They have currently developed 30,000 square feet of the Raytheon facility to include 13 classrooms, all since August 2003. He further stated they still have options with the property the college owns on 21st Street and still have the option to continue the remodeling of the remaining 32,000 square feet of the Raytheon building. Butler County Community College is still in a lease agreement with USD 385 for the next 9 years for the building at 1810 N. Andover Road. He discussed other options the College has for development of the school.

Lynn Heath said he expected the lot to be paved within the 3 years of the 2000 variance case. There was further general discussion.

Mike Calvert said the gravel parking lot facilitates not only the portable building, but for the permanent structure also. He said the portable building on 21st Street generates the 7th most credit hours of Butler County Community College wide, and is very important to the college's enrollment. He said they are in a funding crunch from the State. The quote he has received for the paving of this lot is $150,000 to $175,000.

Jan Cox said she drove around this property and could understand the east portion of the lot remaining gravel, but the area to the north of the permanent building is very rough.

Ron Roberts asked Mr. Calvert if he would consider a chip seal surface on this parking lot. Les Mangus said he estimates the cost to be $1.00 per square yard, and that it would then meet the intent of the zoning regulations to have a hard surface parking area.

Jeff Syrios asked if there were any other options for Mr. Calvert that would meet the spirit of the regulations. Les said he did not know of any.

David Martine asked when the current variance expires. Mr. Calvert said in January.

Les Mangus said this is the 3rd request for the same variance. The first application was in 1993, when the first set of portable buildings was brought on site. The second request was in 2000.

Keith Zinn asked if the bulk of the student body would be moved to the 13th Street facility now that the new building is there. Mr. Calvert said they have already moved some of the students that were using the facility by the high school.

Mr. Calvert continued to explain the increased enrollment and increased class schedules generating more opportunities for students and more dollars for BCCC.

Chairman Coon asked Les if he had received the proper background information on this case. Les Mangus said the Planning Commission has received a copy of the BZA Resolution from 2000.

Chairman Coon asked if anyone on the Commission had received any Ex Parte Communications, or if anyone needed to be disqualified from the hearing due to a conflict of interest. None of the Commission responded. Chairman Coon confirmed this hearing was published in the Andover Journal-Advocate on October 23rd.

Mike Calvert stated there are future plans for the northwest corner of Andover Road and 21st Street with another business. He can see the necessity of having the college lot paved when that restaurant is up and running for the whole finished look of the corner.

Quentin Coon asked if there was any public comment on this case. Chairman Coon closed the Public Hearing at 7:33 p.m.


BZA-V-2003-05: Public Hearing - variance of the required minimum paved parking stalls, to allow BCCC to continue to use a gravel parking area at 110 East 21st Street.


The Board shall not grant a variance unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it which support all the conclusions as required by K.S.A. 12-715 as listed below:

True/ Yes

False/ No


The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zoning district, and is not created by an action or actions of the property owners or the applicant;

Les Mangus stated that in 2000 case, the Board found that the use of the temporary buildings is not common in the B-3 Central Shopping District.

Clark Nelson asked if the Board is looking for a specific time limit on this application, and if not, why was the previous one a 3-year arrangement. Lynn Heath said it was because of the term "temporary".

There was general discussion about whether the condition is created by actions of the property owner and whether it is uniqueness to the property. There was further discussion about how long this project would be allowed to drag on before being completed.

Vote 6/1.



The granting of the variance will not adversely affect the rights of adjacent property owners or residents;

Les Mangus said that in 2000 the Board found that the proposed area is screened from the residential neighbor to the north, and the construction company adjacent to the east also maintains a gravel parking area. Since that time the condition has changed in that the construction company is no longer there and has been replaced by a mini-storage, restaurant, and a construction office that may not be occupied at this time. Mr. Mangus said that each of those has a paved parking area.

Les Mangus said there is a substantial drainage way in-between the storage units and the college property.

Vote 7/0.



The strict application of the provisions of these regulations from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application.

Clark Nelson asked for clarification of the estimated costs to get a hard surface on this parking area. It will cost between $150,000 and $175,000. Mr. Nelson feels this would be an undue hardship on the applicant.

Vote 6/1.



The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; and

Vote 7/0.



Granting the variance desired will not be opposed to the general spirit and intent of these regulations.

Clark Nelson said that it is a temporary measure and is not opposed to the spirit of the regulations.

Vote 7/0.



In determining whether the evidence supports the conclusions required by Section 1-107(D)(1), the Board shall consider the extent to which the evidence demonstrates that:


The particular physical surroundings, shape, or topographical condition of the specific property involved would result in a practical difficulty or unnecessary hardship upon or for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the provisions of these regulations were literally enforced.

Quentin Coon said he did not think the physical conditions of the land are driving the applicant in this request. There was general discussion about the "temporary" condition of this application.



The request for a variance is not based exclusively upon a desire of the owner, lessee, occupant or applicant to make more money out of the property.

Clark Nelson said that if the college had excess funds, they would pave this parking lot.

Ron Roberts said the school is making more money through the additional classes being offered in the additional buildings.



The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, and

Clark Nelson did not think this project would be injurious to the neighborhood.



The proposed variance will not impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood.

There was general discussion about the dust in the area from the gravel parking lot. David Martine said vehicles couldn't drive fast in the lot, so this should not be a problem.

Quentin Coon asked if public safety would be diminished with the approval.

Clark Nelson congratulated the school on its continued success in Andover and does not want to do this at the expense of the community, nor does he want to be taken advantage of by allowing the school to make the gravel parking lot permanent.

David Martine asked Les how long this has been going on. Les said since 2000. Mr. Martine would like to see a tighter time limit on the paving since the current variance expires in January. David Martine expressed his concern of setting a precedent for other businesses if this is approved.

Lynn Heath suggested allowing the college to pave the north lot within 1 year, and in 2 years to have the east parking lot paved. There was general discussion about the time limits.

Jackie Vietti, President of Butler County Community College wants to keep the paving only where the majority of traffic would be driving.

There was general discussion about the buildings on the BCCC property, their uses, and traffic flow.

Jackie Vietti asked if the parking was designated for certain areas only, if they would still have to pave the entire lot.

Jackie Vietti asked if the time restriction applied to asphalt paving or chip seal. Chairman Coon said it applied to either.

Lynn Heath made a motion to approve the variance with the following conditions:



Not to exceed 150 parking spaces.


Parking area lighting must be 1-foot candle, consistent with the Site Plan Review Criteria.


To pave the North parking lot (north of the permanent structure from the east end of the building to the street) within the next year of this variance approval.


To pave the East parking lot within the next two years, or return to the Planning Commission with a report that they have returned the lot to grass area.


To maintain drainage to avoid mud being carried to the public road.

Ron Roberts seconded the motion. Motion carried 7/0.


Jackie Vietti thanked the Commission for their patience, and that BCCC wants to develop a long-range plan with the ultimate goal to eliminate the portable building.


Lynn Heath made a motion to adjourn the Board of Zoning Appeals at 8:10 p.m. and to reconvene the Andover Planning Commission. Ron Roberts seconded the motion. Motion carried 7/0.

Lynn Heath stated that at the last Subdivision Committee meeting, David Martine submitted his verbal resignation due to a conflict with his work schedule. Lynn said that both Jan Cox and Charlotte Bass have shown interest in serving on the committee. He said either one would be welcome and that it is a very good learning tool for Planning Commission members.

Les Mangus said the Planning Commission could accept the resignation of Mr. Martine and appoint a new member if they so choose.

Lynn Heath asked when new appointments are made for this committee. Les Mangus said it is in May.

Clark Nelson made a motion to accept the resignation of David Martine from the Subdivision Committee, and to appoint Jan Cox to fill the vacancy created on the committee. Jeff Syrios seconded the motion. Motion carried 7/0.


Member items:

Quentin Coon asked about the Kellogg intersection, south of Jiffy Lube, whether the entire hedgerow was being removed. Les Mangus said they would on the East side of Andover Road all the way down to the Knebler property. There is no hedgerow across the Knebler property.

Quentin Coon asked if the widening of the road stops there also. Les Mangus said the 4 lane curb and gutter ends in the middle of the Knebler property, then goes into a transition back to the existing 2 lane.

Jan Cox asked what the city policy is concerning junk vehicles on private parking lots. She said there are 2 junk vehicles in the college parking lot that are obviously inoperable.

Les Mangus said this would be referred to the code compliance officer. There is an ordinance against inoperable vehicles.

Jeff Bridges said there is a Fire Department training program and they may be using them for extrication training. He said they generally park their training vehicles in the city hall lot, but due to the construction, they may have found an alternate location. Mr. Bridges said it would be checked into.

Ron Roberts asked if there was still a vacancy on the Site Plan Review Committee and if it had to be a Planning Commission member. Les Mangus said that it is not required, but it could be. Ron Roberts asked about Charles Malcom serving on both committees at the same time. Jeff Bridges said that he had dual seats, and was appointed to both committees separately. David Martine said he has spoken to the mayor about that.

Member items

A motion was made by David Martine to adjourn the meeting at 8:17 p.m. Lynn Heath seconded the motion. Motion carried 7/0.


Respectfully Submitted by



Deborah Carroll

Administrative Secretary

Approved this 16th day of December 2003 by the Andover City Planning Commission/ Board of Zoning Appeals, City of Andover.