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Planning commission recommends approval for accessory apartment at 8201 S. Millsap Drive
Summary
The planning commission recommended approval, 9-0, of a county conditional use request to permit a 600-square-foot accessory apartment within an existing metal pole barn at 8201 South Millsap Drive, subject to three staff conditions including that the unit remain under the same ownership and not have separate utilities.
The Derby Planning Commission on July 17 voted 9-0 to recommend approval of a county conditional use permit allowing an accessory apartment within a portion of an existing metal pole barn at 8201 South Millsap Drive.
Assistant City Planner Everett Haynes introduced the application and explained the property is in the Hancock Acres neighborhood within Derby's area of influence and remains in unincorporated Sedgwick County. Haynes said Metropolitan Area Planning Department staff already reviewed the case and recommended approval; the Metropolitan Area Planning Commission reviewed the case July 10 and recommended approval.
Haynes said the proposal would convert roughly 600 square feet (a 30-by-20-foot area) of an 1,800-square-foot metal pole barn into an accessory apartment while leaving the primary 2,000-square-foot house on the same lot intact. "The area of the apartment is actually only 29% of the area. So it complies with that regulation," Haynes said, explaining the project meets the city's limit that an accessory apartment not exceed a defined portion of the primary dwelling's footprint.
Haynes noted three conditions recommended by staff: a waiver of preexisting design requirements for the pole barn (because it predates those standards), a requirement that the accessory apartment remain accessory to and under the same ownership as the primary residence (it cannot be sold separately), and that municipal water and sanitary sewer services not be separate from those provided to the primary dwelling. Haynes also said the applicant indicated the unit is intended for family members and not for rental.
A commissioner asked whether the conditional use would run with the land if ownership changed; Haynes confirmed it would. With no public testimony at the Derby hearing, Commissioner Wurbin moved to adopt the findings of fact and recommend approval subject to staff-recommended conditions; the motion passed 9-0.
The case will proceed to the Metropolitan Area Planning Commission and other county review steps as required for a county conditional use case.
