HomeMy Public PortalAbout20091208minutesMINUTES
JEFFERSON CITY BOARD OF ADJUSTMENT
December 8, 2009
7:30 a.m.
BOARD MEMBERS PRESENT
Robert Dallmeyer, Jr.
William Luebbert
Kevin Meinhardt, Chairman
Wilma Partee, Vice Chairman
Glenn Bonner, Alternate
Drew Hake, Alternate
BOARD MEMBERS ABSENT
Paul Boudreau
Stacey Young, Alternate
Council Liaison Absent
Dan Klindt, City Council Liaison
Ffflfffdfffiby-'• A
STAFF PRESENT
Charles Lansford, Assistant to the Director of Community Development
Janice McMillan, Deputy Director of Planning & Transportation Services
Drew Hilpert, Associate City Counselor
Eric Barron, Senior Planner
Anne Stratman, Administrative Assistant
8of10
7of10
9 of 10
8 of 10
5of8
9of10
ATTENDANCE RECORD
3 of 4
8of10
1. Call to Order and Introduction of Members, Ex -Officio Members and Staff
Chairman Meinhardt called the meeting to order and introduced the Board members and staff.
Board procedures were explained. Chairman Meinhardt asked if there were any Board members who
would not participate in any of the hearings scheduled. A quorum of five (5) Board members was
present to hear the items on the agenda. All regular members and alternate Drew Hake will vote.
2. Procedures Explained
The following documents were entered as exhibits for all items under consideration at this
meeting:
1. Zoning Code, Chapter 35 of the City Code
2. Subdivision Code, Chapter 33 of the City Code
3. Stormwater Management, Chapter 31 of the City Code
4. Building Regulations, Chapter 8 of the City Code
5. Boards and Commissions, Chapter 7 of the City Code
6. Advertising and Sign Code, Chapter 3 of the City Code
7. The Comprehensive Plan and Land Use Map
8. Copies of applications under consideration
9. The affidavit of publication of notice of the public hearing
10. A list of property owners to whom notice of the hearing was sent
11. Copies of drawings and plans under consideration
12. Staff reports and minutes of proceedings
13. Photographs received
14. Correspondence from adjoining property owners and the public
15. Memos from City staff
16. Rules of Procedure, Jefferson City, Missouri Board of Adjustment
Staff advised that items received regarding any agenda item become the property of the Board of
Adjustment.
3. Adoption of Agenda
Ms. Partee moved and Mr. Luebbert seconded to adopt the agenda as printed. The motion
passed 5-0 with the following votes:
Aye: Dallmeyer, Hake, Luebbert, Meinhardt, Partee
Minutes/Jefferson City Board ofAdjustment
December 8.2OUA
im
4. Approval ofMinutes for the Regular Meeting ofSeptember 15.2DO9
Mr. Dallmeyer moved and K4n. Porb*a seconded to approve the minutes onwritten. The motion
passed 5-Owith the following votes:
Communications Received
Correspondence was received for Case No. 809O08.
Ri NewBusinesa-Pukd|uHeorng
Case No. B08008 - 910 Ellis Buw|mvand, Suite Aand-B; Amended Conditional Use Permit.
Application filed by Leslie Properties LLC, property owner, C. Allan 0ickard, authorized
napros*ntaUve, for an amendment to a previously issued conditional use permit to operate a
bar/tavern within a C-1 Neighborhood Commercial zoning district. The proposed amendment
vvVu|d remove the condition that the conditional use permit be restricted to specific
tenants/business owners. The property is located on the southern aide of B|io Boulevard
approximately 200 feet oast of Lorenzo Greene Drive. The property is described as pod of the
Northwest Quarter and part of the Northeast Quarter of Section 24, Township 44 North, Range 12
West, Jefferson City, Cole County, Missouri.
Mr. Barron brought to the Board's attention that the correct address for this request is 510 Ellis
Bou|evurd, Suite A. Suite B is currently occupied by aepanoha business and was never intended to
be utilized as bor. He stated that aconditional use permit hooperate a bar/tavern was approved by
the Board of Adjustment at their (}ob)bor 14. 2008 meeting and was issued to Joshua Harmon and
Michelle Todd for this location only. Mr. Barron explained that soon after the approval of the
conditional use permit. Mr. Hannon and Ms. Todd proceeded tooperate u bar atthis location. He
stated that onJune 8. 2009, the liquor license issued to Mr. Harmon and K4o. Todd was revoked by
the Jefferson City Liquor Board due to numerous non -zoning violations of city code and an appeal to
this revocation was denied at Circuit Court on September 21, 2009. Mr. Barron explained that with
the conditional use permit issued only in Mr. Harmon and K4o. Todd's nanne, noother tenant can
utilize the property ooe bar/tavern. He stated that the property owner is requesting to remove Mr.
Harmon and Ms. Todd from the original conditional use permit. Mr. Barron referred tothe memo from
the Law Department outlining staff's position that an individuals name should not beattached tua
conditional use permit. He clarified that conditional use permits are typically issued to the property
rather than any particular person.
Mr. Allan Rickard' 3201 Citadel Coud, spoke regarding this request and explained that Suite
was occupied by the Movie Gallery until 2006 and sat vacant until October 2008 when Ms. Todd and
Mr. Harmon opened their establishment. He stated that they would like to rent the property aaabar nr
o combination bar and restaurant in the near future. Mr. Rickard requested that the conditional use
permit bntransferred totheir name.
Mr. Dallmeyer moved and Ms. Parhaeaeoondod to remove Mr. Harmon and Ms. Todd from the
original conditional use permit. Ms. Parhaamoved (oamend the original motion toremove any names
from the original conditional use permit and attach to the property. After further discussion Mr.
Dallmeyer and Ms. Partoowithdrew their motions.
Mr. HUpertclarified that the original conditional use permit was issued toSuite Aand 8.He stated
that since the Board is amending the current conditional use permit one motion would be sufficient to
strike the names from the original conditional use permit and limit the conditional use permit to Suite
A.
Mr. Barron gave the Planning Division staff report and obabad that staff recommends to strike Mr.
Hannon and Ms. Todd from the original conditional use permit and limit the conditional use permit to
51UEllis Boulevard, Suite A.
No one spoke in opposition to this request. Correspondence was received from Sam and Mary
Brizendine, 2003 Tanner Bridge Road.
Chairman MeAnhardtclosed testimony otthis time.
Minutes/Jefferson City Board ofAdjustment
December 8, 2009
Mr. Dallmeyer moved and K4o. Pmrkenseconded toapprove the amended conditional use permit
for 510Ellis Boulevard, Suite /\. subject bzthe following conditions:
a. Approval issubject topermits and inspections bythe Building Regulations;
b. Environmental Sanitation Divisions.
C. Obtain State ofMissouri and City nfJefferson liquor licenses.
d. Obtain aCity nfJefferson Business License
e. Obtain a City Occupancy Permit.
f. Signage be in compliance with existing requirements.
q- Conditional Use Permit is limitei to 510 Ellis Blvd., Suite A.
K4a. Parhee mbahad that the findings appear to have been met with the exception of Section 35-
73.B.5.C.1 with respect to the correspondence received from Som and Mary Brizendine. She
explained that the 8rizandine'a indicated that perhaps the use of a bar or that particular bar was
injurious h`the enjoyment oftheir property. Ms. Podeestated that she would like the record toreflect
that this information was not given to the Board when the original conditional use permit was issued.
She explained that since the conditional use permit was already issued, can it be rescinded. Ms.
Partee stated that she would like the record to reflect that it is not her desire to rescind it.
Mr. Hilpert explained that there is a procedure for revoking a conditional use permit and that
would require another hearing. The Board would not be able to revoke it today. He stated that if the
Board does not think that all ofthe conditions have been mat they can still vote no on the current
Mo. Parteekmnd that all ofthe findings have been met since they were met at the time the
original conditional use permit was issued.
The motion passed 5'0with the following votes:
Mr. Luabbort inquired whether the Board has set precedent with the change ofnot establishing
a name on the property. In response, Mr. Meinhandt referred to the Law Department memo which
states that the Board should be issuing conditional use permits to a property and not an operator,
Mr. Barron stated that there is an exception for daycare homes where conditional use permits are
issued to a current property owner or resident.
Miscellaneous Reports
None.
8. Other Business
A. Adoption ofthe 20Y0Meeting Schedule
Ms. Partee moved and Mr. Luebbert seconded to adopt the 2010 meeting schedule as proposed.
9. Adjourn. There being nofurther business, the meeting adjourned at8:82om.
submitted,
AnneStra(man