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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