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HomeMy Public PortalAbout20110517minutesMINUTES JEFFERSON CITY BOARD OF ADJUSTMENT May 17, 2011 7:30 a.m. BOARD MEMBERS PRESENT Robert Dallmeyer, Jr. Paul Graham Kevin Meinhardt, Chairman Wilma Partee, Vice Chairman Stacey Young Glenn Bonner, Alternate Drew Hake, Alternate COUNCIL LIAISON PRESENT David Griffith, City Council Liaison Bill Luebbert, Alternate City Council Liaison STAFF PRESENT Charles Lansford, Interim Director of Community Development Ron Davenport, Building Regulations Division Director Drew Hilpert, Associate City Counselor Eric Barron, Senior Planner Anne Stratman, Administrative Assistant ATTENDANCE RECORD 3 of 4 2of2 3 of 4 3 of 4 3 of 4 2 of 4 4of4 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff Chairman Meinhardt called the meeting to order and introduced 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) members was present to hear the items on the agenda. All regular members 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. Adoption of Agenda Ms. Partee moved and Ms. Young seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Dallmeyer, Graham, Meinhardt, Partee, Young 4. Approval of Minutes for the Regular Meeting of March 8, 2011 Mr. Graham moved and Ms. Partee seconded to approve the minutes as written. The motion passed 5-0 with the following votes: Aye: Dallmeyer, Graham, Meinhardt, Partee, Young Minutes/Jefferson City Board of Adjustment May 17, 2011 5. Communications Received No correspondence was received. New Business — Public Hearing Case No. B11007 — 510 Ellis Boulevard, Suite A, Amended Conditional Use Permit and Fence Height Variance. Application filed by Allan Rickard, authorized representative, Leslie Properties LLC, property owner, on behalf of Mishael Becker, applicant, for the following: 1. An amendment to the previously issued conditional use permit for a bar/tavern in the C-1 zoning district in order to allow for two outdoor seating areas. 2. A variance to the maximum height for fences in commercial zones for a fence of 6 feet in height in the front yard. (Section 35-59.F.3 Standards for Fences and Walls in the C and M Districts) The property is located on the southeast corner of the intersection of Ellis Boulevard and Lorenzo Greene Drive and is described as part 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 described the proposal and explained that a conditional use permit to operate a bar/tavern was approved by the Board of Adjustment at their October 14, 2008 meeting. He stated that an amendment to the conditional use permit in order to allow it to be transferred to different business owners was approved on December 8, 2009. Mr. Barron explained that the applicant is requesting to allow for two separate outdoor seating areas adjacent to the building. He stated that seating area A would be located on the north side of the building toward Ellis Boulevard. Mr. Barron explained that seating area B would be an elevated deck located to the rear of the building toward Lorenzo Greene Drive. He stated that Staff recommends that seating area A be approved conditionally and that seating area B be denied due to safety concerns and conflict with vehicular circulation at the rear of the building. Mr. Barron explained that the applicant has identified the fencing material as pinewood, and recommended that fencing materials instead be approved by the Building Regulations Division Director. Mr. Amos Lamb, 510 Ellis Boulevard, Suite A, spoke regarding this request and explained that on busy nights he puts up posts and ropes as a temporary boundary to keep patrons contained to the front sidewalk for capacity reasons. He stated that in order to accommodate seating area A the median and a crabapple tree will be removed, however, the existing light pole will remain. Mr. Lamb explained that he will use the existing concrete for the patio and an existing door to access the patio. Mr. Lamb explained that there are safety concerns with seating area B since it is a second story level and there is continual traffic in that area. He stated that additional engineering certifications will be required to make it structurally sound. Mr. Lamb explained that seating area A would be the best option in the long run. Mr. Graham expressed concerns regarding controlling access to seating area A from the outside. He asked Mr. Lamb if he would accept an amendment to the effect that seating area A would be accessible only from the inside to control population. In response, Mr. Lamb stated that he would accept that recommendation. Councilman David Griffith, 1207 Peyton Drive, representing the 5th Ward, spoke in favor of this request. Councilman Griffith commented that the smoking ban has brought about many reasons for construction of outdoor facilities such as this. He expressed the same safety concerns for seating area B. Councilman Griffith explained that seating area A will have a better view scape from both Lorenzo Greene Drive and Ellis Boulevard. He stated that see-through fencing on the west and east side addresses safety issues as well. Councilman Ralph Bray, 1206 Peyton Drive, representing the 5th Ward, spoke in favor of this request. Councilman Bray commented that he supports the proposed outdoor seating area A and believes it will be a nice addition to the 5th Ward. No one spoke in opposition and no correspondence was received. Mr. Barron gave the Planning Division staff report. Minutes/Jefferson City Board of Adjustment May 17, 2011 Page 3 Councilman Luebbert inquired whether a gate is proposed for seating area A. In response, Mr. Lansford explained that a gate is required to exit the area. He stated that the gate will only swing one way to meet fire codes. Mr. Lansford clarified that the gate will only allow egress. Ms. Partee moved and Mr. Graham seconded to approve the Amended Conditional Use Permit to operate a bar/tavern use in a C-1 Neighborhood Commercial zoning district with the following conditions: a. Approval is subject to permits and inspections by the Building Regulations and Environmental Sanitation Divisions. b. Obtain State of Missouri and City of Jefferson liquor licenses. c. Obtain a City of Jefferson Business License d. Obtain a City Occupancy Permit. e. Signage be in compliance with existing requirements. f. Conditional Use Permit is limited to 510 Ellis Blvd., Suite A. g. Outdoor seating area to be limited to the north side of the building (toward Ellis Boulevard) as identified in the Conditional Use Permit application. Proposed seating area to the west of the building (toward Lorenzo Greene Drive) is not approved. h. Outdoor seating area to be fenced with solid screening, 6 feet in height, on the north side of the seating area toward Ellis Boulevard. Fencing material is to be approved by Building Regulations Division director. The west and east sides of the seating area shall be fenced with a transparent wrought iron fence (or similar style of screening approved by Building Regulations Division staff) 6 feet in height. i. Building permit to be issued prior to start of construction. A site plan shall be submitted as part of the building permitting process. j. Outdoor noise to be in compliance with City Code k. Compliance with Fire Code requirements including ingress/egress and occupancy as determined by the Fire Department. I. Compliance with Building Code requirements as determined by the Building Regulations Division. m. No permanent or temporary signage to be displayed on fences n. Fence material to be approved by Building Regulations division director. o. Two trees shall be installed on the north side of the driveway. Tree location and type to be approved by Planning Division staff. Mr. Meinhardt stated that all of the general findings have been met and believes that this is a good compromise. The motion passed 5-0 with the following votes: Aye: Dallmeyer, Graham, Meinhardt, Partee, Young Ms. Partee moved and Ms. Young seconded to approve a variance of two (2) feet to the four (4) feet maximum fence height requirement in order to allow for a fence six (6) feet in height in the front yard of the building. Mr. Graham requested an amendment because this motion varies the size of the fence by two (2) feet. He asked whether Condition H needs to be added to this motion since it specifically addresses the solid screening of seating area A. Mr. Graham further inquired whether we are within procedures by splitting matters that address the fence into two (2) different motions. Ms. Partee stated that she is not opposed to the amendment however if those conditions are made as a part of seating area A and if they are met I cannot believe that they will not be met in respect to the fencing. Mr. Barron explained that the reasoning was to keep the conditions under the conditional use permit rather than having separate conditions for the variance. Mr. Graham stated that he would withdraw his proposed amendment. Minutes/Jefferson City Board of Adjustment Page 4 May 17, 2011 With no additional discussion, the motion passed 5-0 with the following votes: Aye: Dallmeyer, Graham, Meinhardt, Partee, Young Councilman Griffith left at 8:10 a. m, Case No. 511008 — 1527 Vieth Drive, Setback Variance. Application filed by Patrick and Barbara Slevin, property owners, for a 6 feet variance from the 25 feet front setback requirement to construct a garage 19 feet from the front property line adjacent to Cedar Hill Road (Section 35- 51 Density and dimensional standards). The property is located on the northeast corner of Vieth Drive and Cedar Hill Road and is described as part of the West half of the Southeast Quarter of Section 14, Township 44 North, Range 12 West, Jefferson City, Cole County, Missouri. Mr. Barron described the proposal and explained that the Applicant is proposing to construct a detached garage. He stated that the new garage would be located adjacent to the existing attached garage and separated by 10 feet as required by the zoning code. Mr. Barron explained that the property is somewhat subject to practical difficulties due to having three street frontages, however, the property also has a fair amount of existing improvements which to some extent have forced the proposed garage location toward the street. He stated that a new driveway would be constructed to connect the new garage to the street. Mr. Barron clarified that the petition signed by the neighbors in support of this request can be considered correspondence. He commented that the applicants did an excellent job communicating with their neighbors. Mr. Meinhardt also commended the applicants on their efforts to communicate with their neighbors. Mr. Matt Bridges, Matt Bridges Construction Company, 6025 Bradford Court, spoke on behalf of the Applicant regarding this request. Mr. Bridges explained that the proposed garage is 27x30 and will face Cedar Hill Drive. He stated that the brickwork will be consistent with the rest of the house, as will the roof. No one spoke in opposition to this request and no correspondence was received. Mr. Lansford inquired of the width of the driveway to the proposed garage. In response, Mr. Bridges explained that he is proposing a 30 foot driveway with two (2) foot flare -outs. Mr. Lansford explained that the required maximum width of a residential driveway is 24 feet. He stated that as the driveway approaches the curb the drive approach can flare out two (2) feet on each side to 28 feet at the curb. Mr. Bridges stated that he agrees with the drive approach requirements. Mr. Barron gave the Planning Division staff report. Mr. Meinhardt pointed out that they will have approximately 29 feet from the curb to the face of the proposed garage. Ms. Partee moved and Mr. Graham seconded to approve a variance of 6 feet from the 25 feet front setback requirement in order to construct a garage 19 feet from the front property line adjacent to Cedar Hill Road. The motion passed 5-0 with the following votes: Aye: Dallmeyer, Graham, Meinhardt, Partee, Young Case No. 811009 — 700 Block of Stoneridge Parkway, Variance. Application filed by Kirk Farmer, authorized representative, MoCAP Development LLC, property owner, for a variance from the maximum allowable signage permitted by Chapter 3 of the City Code, Advertising and Signs. The applicant proposes a variance of 1413 square feet. Chapter 3 of the City Code permits a total of 220 square feet of sign area on the property. If approved, the maximum allowable sign area on the property would be increased to 1633 square feet. The property is located on the east side of Stoneridge Parkway approximately 1000 feet south of Missouri Boulevard and is described as Lot 3 of Stoneridge Village Subdivision, Section One. (Central Missouri Professional Services, Consultant) Minutes/Jefferson City Board of Adjustment May 17, 2011 M Mr. Barron described the proposal and explained that the property owner intends to develop this lot with multiple retail buildings, beginning with a 12,157 square foot building to be occupied by PetSmart. He stated that the variance proposal outlines a signage plan that would allocate sign area based on fagade size, rather than street frontage, with separate sign area allocations for freestanding signage. Mr. Barron explained that the current sign code allocates signage area to properties based on street frontage and, because of the small amount of street frontage for this lot, very little sign area is allocated for this rather large commercial property. He stated that the proposed amount of sign area is comparable to similar commercial developments in Jefferson City, such as the Wildwood Crossings development, and is compatible with the character of the area. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. Bates distributed an aerial photo of the proposed and future development and a visual showing the locations of the proposed signage. He explained that the PetSmart development will be approximately 12,000 square feet with an additional retail space. Mr. Bates stated that it is anticipated to have a smaller store to the south of PetSmart and a larger 45,000 square foot store farther to the south. He explained that the signage proposal is for PetSmart and two future tenants. Mr. Bates stated that it will include a 100 square foot future monument sign to represent all three (3) tenants. He explained that PetSmart will occupy a space on the pylon sign at Stoneridge Parkway and Missouri Boulevard. Mr. Bates stated that space is figured into the calculation which goes against their overall allowable signage. No one spoke in opposition to this request and no correspondence was received. Mr. Lansford commented that the signage plan not only complements the development but new and future owners know up front what their allowable signage will be. Mr. Barron gave the Planning Division staff report. Ms. Partee moved and Ms. Young seconded to approve the requested variance of 1,413 square feet of sign area in order to allow a total of 1,633 square feet of sign area as outlined in the signage plan contained within the variance application. Mr. Meinhardt stated that the findings have been met. The motion passed 5-0 with the following votes: Aye: Dallmeyer, Graham, Meinhardt, Partee, Young Miscellaneous Reports None. 8. Other Business None. 9. Adjourn. There being no further business, the meeting adjourned at 8:45 a.m. Respectfully submitted �' J�, .r Anne Stratman Administrative Assistant