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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: May 10, 2021 Re: SP2021-031 GENERAL INFORMATION Applicant: Richard and Mary Leslie Status of Applicant: Property Owner 334 North Thorpe Street Kansas City, Kansas 66102 Requested Action: Renewal of a Special Use Permit SP-2015-63, which expired on 12/10/2020. Date of Application: March 26, 2021 Purpose: To continue to keep four (4) dogs on the property. Property Location: 334 North Thorpe Street Kansas City, Kansas 66102 SP2021-031 May 10, 2021 1
Commission Districts: Commissioner At Large: Tom Burroughs
District #2 Commissioner: Brian McKiernan
Existing Zoning: R-1(B) Single Family District
Adjacent Zoning: North: R-1(B) Single Family District
South: R-1(B) Single Family District
East: R-1(B) Single Family District
West: R-1(B) Single Family District
Adjacent Uses: North: Single Family Homes
South: Single Family Homes
East: Single Family Homes
West: Single Family Homes
Total Tract Size: 0.15 Acre
Master Plan Area: Central Area Master Plan
Master Plan Designation: The Central Area Master Plan designates this area as
Urban Density. This allows for a mix of detached and
attached residential such as single-family homes,
attached residences including town homes, duplexes,
triplexes, fourplexes, etc. and institutional such as
schools, churches, and libraries.
Major Street Plan: The Major Street Plan classifies North Thorpe Street
as a Local Street.
Parking Requirements: Section 27-455 requires two (2) off-street parking
spaces shall be provided on the premises for each
single-family dwelling. The property has two (2) off-
street parking spaces.
Advertisement: The Wyandotte Echo – April 15, 2021
Letters to Property Owner – April 16, 2021
Public Hearing: May 10, 2021
Public Support: Support has been expressed by two (2) neighbors.
Public Opposition: None to date.
PROPOSAL
Detailed Outline of Requested Action: The applicants Richard and Mary Leslie, are
seeking the approval of a Special Use Permit for the keeping of four (4) dogs at 334
North Thorpe Street. This was previously approved through SP-2015-63, which expired
on 12/10/2020. Because of the length of time since expiration, this cannot be
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considered a renewal. The applicants were originally allowed to keep the same four (4)
dogs through Special Use Permit SP-2013-47.
City Ordinance Requirements: 27-592 through 27-606
Code Enforcement History: There is no Code Enforcement History on this property.
FACTORS TO BE CONSIDERED
1. The Character of the Neighborhood.
The neighborhood is residential in nature, comprised of single-family homes on
narrow lots.
2. The zoning and uses of properties nearby and the proposed use’s expected
compatibility with them.
The zoning and uses are set out above. The proposed use could be compatible if
properly managed. Having four (4) dogs in the home has the potential to create
issues related to noise, parking, and other concerns related to animal waste.
Staff has not been made aware of any complaints for noise or other issues.
3. The suitability of the property for the uses to which it has been restricted.
Will removal of the restrictions detrimentally affect nearby property?
This property is suitable for use as a single-family home. The property could be
suitable for the proposed use if managed properly. The proposed use has the
potential to create issues of noise and animal waste if not managed properly. The
property has been allowed to have four (4) dogs since 2013. During this time,
there have been no complaints received.
4. The length of time the property has remained vacant as zoned.
This property is not vacant. It is an existing single-family residence and the
primary address of the applicants.
5. The degree of conformance of the proposed use to the Master Plan.
Special Use Permits are not addressed in the Master Plan. The City-Wide Master
Plan designates this area as Urban Density. This allows for a mix of detached
and attached residential such as single-family homes, attached residences
including town homes, duplexes, triplexes, fourplexes, etc. and institutional such
as schools, churches and libraries. The proposed use conforms to the Master
Plan because the property will continue to be a single-family home. Each
residence is allowed to have three (3) dogs but require a Special Use Permit for
any additional dog(s).
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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 increase vehicular traffic, as it is for the keeping of four
(4) dogs.
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 proposed use is not reasonably necessary for the convenience and welfare
of the public because it only allows the property owners to keep four (4) dogs.
The proposed use could injure the appropriate use, visual quality, or marketability
of adjoining property by creating issues of noise and animal waste if not
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 is an issue that is related to the keeping of dogs. There have not been
any noise complaints during the time the property has been used as a home for
the four (4) dogs. Vibration, dust, and illumination are not expected to be issues.
9. Whether the proposed use will pollute the air, land or water.
The proposed use will 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 will not damage or destroy an irreplaceable natural resource
as it is an existing single-family residence in a built-out neighborhood.
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 or loss to the public health, safety, and welfare is likely to be
minimal as it only provides the property owners the ability to have four (4) dogs
rather than three (3). If denied, it would create a hardship on the applicant
because they would have to rehome one (1) of the dogs that has been in their
home for a long time.
12. Whether the proposed use would result in overcrowding of land or cause
undue concentrations of population.
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The proposed use will not create issues of overcrowding as it operates within an
existing structure and rear yard on the site. The maximum number of dogs
allowed by SP-2019-63 is four (4). The Kansas City, Kansas Animal Services
Department has stated that the applicants have properly registered the dogs and
provide them with proper housing. They have no objections to the renewal of the
Special Use Permit. The proposed use will not cause undue concentrations of
population.
PREVIOUS ACTIONS
SP-2013-47
SP-2019-63 expired on 12/10/2020
NEIGHBORHOOD MEETING
The applicant held a neighborhood meeting via letter on April 14, 2021. Attached is the
list of persons who attended the meeting, minutes, affidavit and/or submitted comments
to the applicant.
KEY ISSUES
Noise
Proper Disposal of Waste
STAFF COMMENTS AND SUGGESTIONS
Planning and Urban Design Comments:
1) Describe the ages and breeds of the four (4) dogs.
Applicant Response: Our four (4) dogs are all eight (8) years old. They are
brother and sister. They are a mix of Great Pyrenees, Labrador Retriever, and
Huskey.
2) Describe the procedures taken to maintain the rear yard.
Applicant Response: We are very attentive to our dogs, they stay in the yard
within our fence, we pick up their feces at least twice a day, morning and night.
We deodorize the yard at least once or twice a month during the summer months
to keep down the urine odor with apple cider vinegar that will not harm the
environment.
3) Is the rear yard enclosed by a privacy or other fence? If so, how high is the
fence?
Applicant Response: We have a six (6) foot chain link fence in our backyard.
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4) Provide pictures of the dogs to an extend that they can be identified.
Staff Response: Applicant has provided photographs of the dogs. They are
attached below.
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
Animal Services Comments:
No concerns about the kennel permit, dogs are registered and have proper housing.
Conservation District Comments:
The lot is very small for any exercise area for the dogs. It is too small for that of many
dogs. There is limited green space for one (1) animal. The major concern is animal
waste and the runoff from the waste. Animal waste would have to be cleaned up and
disposed of in proper manner on a daily basis. All Conservation District Comments are
attached below.
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 SP2021-031 subject to all comments and
suggestions outlined in this staff report, summarized by the following conditions:
1) If approved, this Special Use Permit will only apply to the four (4) dogs that
are currently living in the home. If any should pass away, the Special Use
Permit will not extend to allow for any new dogs to occupy the home;
2) Must adhere to the Conservation District Requirements:
a. The major concern is animal waste and the runoff from the waste.
Animal waste would have to be cleaned up and disposed of in proper
manner on a daily basis;
3) Any property owner or business owner that is required to obtain a Special
Use Permit for an entitlement to keep fowl or livestock animals as
described in Sec. 27-593, or any other animal related activity as described
in Sec. 27-593, is required to comply at all times with all the requirements
of Chapter 7 and Chapter 27 of the Ordinance. This shall include all
ordinance sections that relate to: The care, feeding, and keeping of
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animals; The proper housing, shelter, and restraint of animals from
roaming at large; Access to proper veterinary care; the operation and
maintenance of land, property, and any building or structure related to
animal keeping. The permit holder and the property owner are responsible
to register any animal keeping activity with Kansas City Kansas Animal
Services, and to maintain annually that registration, and to arrange and
participate in annual property and animal inspections with Kansas City
Kansas Animal Services;
4) The Special Use Permit is not valid for the approved use to be in operation
until all the conditions of approval are met. The Applicant acknowledges
that both the property owner and the business owner are collectively
responsible to ensure that the use of the property is compliant with all
ordinances, conditions and other requirements of this approval. Failure to
meet all these requirements may result in revocation of this permit. The
property may also be subject to enforcement actions and administrative
citations;
5) 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; and,
6) Subject to approval, a $125.00 ordinance publication fee must be submitted
to the Planning and Urban Design Department (checks 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.
SP2021-031 May 10, 2021 7
ATTACHMENTS
Zoning Map
Land Use Map
Aerial Map
Conservation District Comments
Site Photographs Provided by Staff, Dated April 20, 2021
Neighborhood Meeting Documentation
Veterinarian Documentation
Photographs of Dogs Provided by Applicant
REVIEW OF INFORMATION AND SCHEDULE
Action Planning Commission Unified Government Commission
Public Hearing May 10, 2021 May 27, 2021
Special Use
STAFF CONTACT: Shana Kelly
skelly@wycokck.org
MOTIONS
I move the Kansas City, Kansas City Planning Commission RECOMMEND APPROVAL
of Petition SP2021-031 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. ________________________________________________________.
OR
I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of
Petition SP2021-031 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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Zoning Map: SP2021-031 May 10, 2021 9
Land Use Map:
Urban Density
SP2021-031 May 10, 2021 10Aerial Map: SP2021-031 May 10, 2021 11
Conservation District Comments: SP2021-031 May 10, 2021 12
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Site Photographs Provided by Staff, Dated April 20, 2021: SP2021-031 May 10, 2021 21
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Neighborhood Meeting Documentation: SP2021-031 May 10, 2021 24
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Veterinarian Documentation: SP2021-031 May 10, 2021 27
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Photographs of Dogs Provided by Applicant: SP2021-031 May 10, 2021 30
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