HomeMy Public PortalAbout20110208minutesAPPROVED MINUTES
JEFFERSON CITY BOARD OF ADJUSTMENT
February 8, 2011
7:30 a.m.
BOARD_ MEMBERS PRESENT
Robert Dallmeyer, Jr.
Wilma Partee, Vice Chairman
Drew Hake, Alternate
Stacey Young, Alternate
BOARD MEMBERS ABSENT
William Luebbert
Kevin Meinhardt, Chairman
Glenn Bonner, Alternate
COUNCIL LIAISON PRESENT
David Griffith, City Council Liaison
STAFF PRESENT
ATTENDANCE RECORD
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ATTENDANCE RECORD
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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
Call to Order and Introduction of Members, Ex -Officio Members and Staff
Vice Chairman Partee called the meeting to order and introduced the Board members and staff.
Board procedures were explained. Vice Chairman Partee asked if there were any Board members
who would not participate in any of the hearings scheduled. A quorum of four (4) members was
present to hear the items on the agenda. All regular members and alternates Drew Hake and
Stacey Young were designated to vote.
2. Procedures Explained
The following documents were entered as exhibits for all items under consideration at this
meeting:
1. The City Code of The City of Jefferson
2. The Comprehensive Plan and Land Use Map
3. Copies of applications under consideration
4. The affidavit of publication of notice of the public hearing
5. A list of property owners to whom notice of the hearing was sent
6. Copies of drawings and plans under consideration
7. Staff reports and minutes of proceedings
8. Photographs received
9. Correspondence from adjoining property owners and the public
10. Memos from City staff
11. Rules of Procedure, Jefferson City, Missouri Board of Adjustment
Staff advised that items received at the hearings become the property of the Board of Adjustment.
3. Adoption of Agenda
Mr. Dallmeyer moved and Ms. Young seconded to adopt the agenda as printed. The motion
passed 4-0 with the following votes:
Aye: Dallmeyer, Hake, Partee, Young
4. Approval of Minutes for the Regular Meeting of October 12, 2010
Mr. Dallmeyer moved and Ms. Young seconded to approve the minutes as written. The motion
passed 4-0 with the following votes:
Aye: Dallmeyer, Hake, Partee, Young
Approved Minutes/Jefferson City Board of Adjustment Page 2
February 8, 2011
5. Communications Received
Correspondence was received for Case Numbers 1311001 and B11003.
6. New Business — Public Hearing
Case No. B11001 — 218 Pine Street, Variance. Application filed by Leora May, property owner,
for the following:
1. A variance to the required minimum number of off-street vehicle parking spaces by 4
spaces. The minimum parking requirement for the site is 8 spaces. If the variance is
granted, the minimum parking requirement for the site will be reduced by 50%. (Section
35-58.13 Off -Street Parking)
2. A variance to the minimum driveway width requirement by 6 feet. The minimum driveway
width requirement is 24 feet. If the variance is approved, the minimum driveway width
will be reduced to 18 feet. (Section 35-58.B.6.b Driveway Standards)
Mr Barron described the proposal and explained that the property was previously used as a
residential four-plex and is currently vacant. He stated that the use of the building has been
discontinued for longer than 270 days and has lost its non -conforming status in terms of on-site
parking and that re-establishment of the use would require the construction of 8 parking spaces,
even though construction of such parking lot would be difficult because of the size of the parcel.
The property owner applied for a variance to establish a reduced parking requirement prior to sale
of the property. Mr. Barron explained that due to the terrain and parcel size, a parking lot of four (4)
spaces is the most that can practically be constructed. He added, a reduction in the driveway width
to serve four parking spaces would not create a major impact on traffic circulation.
Ms. Leora May, 2401 Bluebird Drive, owner of the subject property, explained she requested the
variance in the event that she decides to sell the property.
Mr. David Griffith, Fourth Ward City Councilman, spoke in favor of the request, explaining that the
Old Town Ad Hoc Committee is trying to look at properties within Old Town and reclaim them. He
stated that this is a good example of someone interested in reclaiming property.
No one spoke in opposition to this request.
Correspondence was received from Stan Mantle, 215 Pine Street.
Mr. Barron gave the Planning Division staff report.
Ms. Young moved and Mr. Dallmeyer seconded to approve the following variances for 218 Pine
Street.
1. A variance to the required minimum number of off-street vehicle parking spaces by 4
spaces. The minimum parking requirement for the site is 8 spaces. If the variance is
granted, the minimum parking requirement for the site will be reduced by 50%. (Section
35-58.13 Off -Street Parking). Four spaces are required to be constructed with the re-
establishment of the four apartments.
2. A variance to the minimum driveway width requirement by 6 feet. The minimum driveway
width requirement is 24 feet. If the variance is approved, the minimum driveway width
will be reduced to 18 feet. (Section 35-58.B.6.b Driveway Standards)
The motion passed 4-0 with the following votes:
Aye: Dallmeyer, Hake, Partee, Young
Case No. B11002 — 1912 and 1916 Saratoga Boulevard, Variance. Application filed by Daniel
Baumgartner, authorized representative, Chilibum Properties LLC, property owner, for the
following:
1. A variance to the minimum side setback by 2.48 feet. The minimum side setback
requirement is 10 feet. If the variance is granted, the side setback will be reduced to 7.52
feet. (Section 35-51 Density and Dimensional Standards)
Approved Minutes/Jefferson City Board of Adjustment
February 8, 2011
Page 3
2. A variance to the minimum front setback by 0.92 feet. The minimum front setback
requirement is 25 feet. If the variance is approved, the front setback will be reduced to
24.08 feet. (Section 35-51 Density and Dimensional Standards)
Mr. Barron described the proposal and explained that the subject property is located within the
recently annexed Route C / Capital Hills area. He stated that two residential triplexes were built on
this property prior to annexation. Mr. Barron explained that the triplexes were intended to be
constructed on separate lots but after the foundations were poured it was discovered they were too
close together and did not meet the setback requirement in the County Subdivision Code. He stated
as a remedy, the property owner replatted the property from two lots into a single lot. Mr. Barron
explained that the property owner wishes to divide the property into two separate tracts so that the
triplexes can be sold individually, and has submitted a parcel division plat. Mr. Barron explained
that a side setback variance is necessary prior to administrative approval of the parcel division. He
also stated the survey discovered that one structure actually is closer to the front property line than
the normal 25 foot setback requirement. Mr, Barron explained that in order to clear up any title
clouds, the property owner requested a variance from the setback requirement of 25 feet, as well.
Mr. Daniel Baumgartner, 2406 Lexington Drive, property owner, was present to answer questions
from Board members.
No one spoke in opposition to this request and no correspondence was received.
Mr. Barron gave the Planning Division staff report.
Ms. Young moved and Mr. Dallmeyer seconded to approve the following variances for 1912 and
1916 Saratoga Boulevard:
1. A variance to the minimum side setback by 2.48 feet. The minimum side setback
requirement is 10 feet. If the variance is granted, the side setback will be reduced to 7.52
feet. (Section 35-51 Density and Dimensional Standards)
2. A variance to the minimum front setback by 0.92 feet. The minimum front setback
requirement is 25 feet. If the variance is approved, the front setback will be reduced to
24.08 feet. (Section 35-51 Density and Dimensional Standards)
The motion passed 4-0 with the following votes.
Aye: Dallmeyer, Hake, Partee, Young
Mr. Barron requested to meet with Mr. Pardalos, Applicant, for Case No. B11003. Vice Chairman
Partee called for a recess at 8:15 a.m. and reconvened at 8:17 a.m.
Case No. B11003 — 409 W. Miller Street, Variance. Application filed by George Pardalos,
authorized representative, Pardalos Properties LLC, property owner, for a variance to the
required minimum rear setback by 7 feet (Section 35-51 Density and Dimensional Standards).
The minimum rear setback requirement is 20 feet. If the variance is approved, the rear setback
requirement will be reduced to 13 feet. The property is zoned C-2 and is described as part of
Inlot 675, Jefferson City, Missouri.
Mr. Barron described the proposal and explained that the property owner proposes to add a walk-
in cooler addition to the rear of the existing building, which would be considered an extension of the
primary structure. He stated that the original building was constructed at the 20 foot rear setback
line, so any addition to the rear of the building would intrude into the setback area. Mr. Barron
explained that the walk-in cooler is planned to extend seven (7) feet behind the building. He stated
that there are two existing parking spaces situated off of the alley. Mr. Barron explained that the site
plan shows two parking spaces behind the cooler addition, however, they are too short, at 13 feet.
He referred to the revised staff report distributed at the meeting which outlined the condition that
only one parallel parking space be permitted behind the cooler addition.
Approved Minutes/Jefferson City Board of Adjustment
February 8, 2011
Page 4
Mr. George Pardalos, 2827 Covey Lane, spoke regarding this request and explained that the
proposed cooler addition will be completely enclosed and will blend in with the existing building. He
stated that he will instruct delivery drivers to utilize his parking lot and not the alley on Schroeder
Way when delivering supplies.
Mr. Dallmeyer inquired whether the proposed cooler addition could be turned so as not to need
the variance. In response, Mr. Pardalos explained that they have plans to enclose the outdoor
seating area and put a bar inside the cafe area. He stated that by reconfiguring the location of the
cooler they would not be able to enclose the outdoor seating area or have direct access into the
cooler from inside the bar area.
Ms. McMillan commented that the proposed cooler is an optimal location for this particular
application in that it does not block the driveway nor the alley. She stated that in this particular
instance it is more important to keep the driveway open so that there is adequate circulation off of
the alley to Miller Street.
Mr. Donald Trabue, 421 W. Miller Street, stated that he opposes this request because Schroeder
Way is narrow and delivery vehicles have been blocking access to that alley. He explained that any
setback requirement will likely increase the blockage of Schroeder Way and further prohibit access
to adjoining properties.
Correspondence was received from the following individuals -
Donald Trabue, 421 W. Miller Street
Art's Pest Control, 429 W. Miller Street
In response to Mr. Dallmeyer's inquiries regarding the configuration of the cooler addition and
storage building, Mr. Pardalos explained that the storage building will be turned so that it is parallel
to the building allowing access from the outside. He further explained that the existing storage
building is not connected to the building, however, a variance is needed to connect the cooler
addition to the existing structure.
Mr. Trabue gave rebuttal testimony and explained that with the current dimensions of the
proposed addition and setback variance, delivery vehicles will not be able to stay out of the alley.
Mr. Barron gave the Planning Division staff report.
Ms. Young moved and Mr. Hake seconded to approve the variance to the required minimum rear
setback by 7 feet with the condition that the parking behind the cooler addition be limited to one
space parallel to the building. The motion passed 4-0 with the following votes:
Aye: Dallmeyer, Hake, Partee, Young
Mr. Griffith left at 8:41 a.m.
Case No. B11004 — 3409 N. Ten Mile Drive, Signage Determination. Application filed by
Planning Division Staff for a determination on the allowable signage for the property (Section 3-
12.B.4.c). The property is zoned RA -2 and is located on the southwest corner of the intersection
of N. Ten Mile Drive and Constitution Drive. The proposed use of the property as a residential
care facility is a permitted use of the RA -2 zoning district. The property owner proposes a signage
plan including a monument sign with a maximum height of 7 feet and a maximum area of 36
square feet. The property is described as part of the Southeast Quarter of Section 4, Township
44 North, Range 12 West, Jefferson City, Cole County, Missouri.
Mr. Barron described the proposal, explaining the property owner has plans to construct an
assisted living facility at this location, a permitted use in the RA -2 zoning district. He stated that the
Jefferson City Sign Code contains no specific provision for this type of signage. Mr. Barron said the
sign permit application proposed signage consisting of an externally illuminated monument sign
with a maximum height of 7 feet and a maximum sign area of 36 square feet. Mr. Barron clarified
that even though this was a staff initiated request, standard notification procedures were followed
Approved Minutes/Jefferson City Board of Adjustment
February 8, 2011
Page 5
which included notifying property owners within 185 feet of the subject property, posting the
property, and advertising the public hearing in the News Tribune.
Mr. Neal Slattery, 18800 Jefferson Creek Road, Hartsburg, Missouri, spoke on behalf of
Americare, the property owner. Mr. Slattery clarified that the specific sign proposed for this site will
be approximately 3 feet tali by 8 feet long and will be brick faced. He explained that the proposed
sign will not be obtrusive to the surrounding properties.
No one spoke in opposition to this request and no correspondence was received.
Mr. Barron gave the Planning Division staff report and clarified that the dimensions outlined in the
staff report are the maximums taken from the site plan.
Mr. Hake moved and Ms. Young seconded to approve the determination on the allowable
signage for 3409 N. Ten Mile Drive. The motion passed 4-0 with the following votes:
Aye: Dallmeyer, Hake, Partee, Young
Miscellaneous Reports
None.
Other Business
None.
9. Adjourn. There being no further business, the meeting adjourned at 7:48 a.m.
Respectfully submitted
Anne Stratman
Administrative Assistant