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HomeMy Public PortalAbout20110913minutesMINUTES JEFFERSON CITY BOARD OF ADJUSTMENT September 13, 2011 7:30 a.m. BOARD MEMBERS PRESENT Paul Graham Kevin Meinhardt, Chairman Wilma Partee, Vice Chairman Glenn Bonner, Alternate Drew Hake, Alternate Katy Lacy, Alternate BOARD MEMBERS ABSENT Robert Dallmeyer, Jr. Stacey Young COUNCIL LIAISON PRESENT Bill Luebbert, Alternate City Council Liaison STAFF PRESENT Janice McMillan, Director, Planning & Protective Services Drew Hilpert, Associate City Counselor Ron Davenport, Director, Building & Inspection Division Eric Barron, Senior Planner Anne Stratman, Administrative Assistant ATTENDANCE RECORD 4 of 4 5 of 6 4of6 3of6 5 of 6 2 of 2 3of6 4 of 6 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 four (4) members was present to hear the items on the agenda. All regular members and alternates Glenn Bonner and Drew Hake were designated to vote. Procedures Explained The following documents were entered as exhibits for all items under consideration at this meeting. - 1 . eeting:1. The City Code of The City of Jefferson, as amended 2. The Comprehensive Plan and Land Use Map 3. Copies of applications under consideration 4. A list of property owners to whom notice of the hearing was sent 5. The affidavit of publication of notice of the public hearing 6. Copies of drawings and plans under consideration 7. Letters and memoranda from City staff 8. Staff reports and minutes of proceedings 9. Materials submitted by the public or the applicant 10. 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 Mr. Graham moved and Ms. Partee seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Bonner, Graham, Hake, Meinhardt, Partee 4. Approval of Minutes for the Regular Meeting of August 9, 2011 Mr. Hake moved and Mr. Graham seconded to approve the minutes as written. The motion passed 5-0 with the following votes: Aye: Bonner, Graham, Hake, Meinhardt, Partee Minutes/Jefferson City Board ofAdjustment Page September 13.2O11 Communications Received Correspondence was received for Case Nos. B1 1012, B1 1013 and B1 1014. G. NevxBuminess—Pub|imHemhng Case No. B11O12— 1915 Seven Hills Road, Accessory Structure Variance. Application filed by Brent HemphiU, property owner, for variance of 1.226 square feet from the maximum size allowance for residential garages of 1.000 square feet toallow for a2.220 square foot garage (Section 35-40.B Accessory Bui|dings, Structures and Uses Associated with Residential Uses). The property is located on the north side of Seven Hills Road approximately 1500 feet west of Bald Hill Road and isdescribed aopart of0ut|otn112. 113.and 114.Jefferson City, Missouri. [Nr. Barron described the proposal and explained that the property owner is proposing to construct a second detached garage, adjacent to the existing detached garage on the property. He stated that the purpose of the proposed garage is to store o 40 foot long recreational vehic|e, a tnantor, and a trailer. Mr. Barron explained that the dimensions of the garage are 42' x 53' with o size of2.22Hsquare feet. [Wc Brent HemphiU, 1915 Seven Hills Road, spoke regarding this request, [Wc Hemphill distributed photos showing the actual location of the garage. He explained that he is proposing to build a structure to enclose a fifth -wheel RV, tractor and goose -neck trailer. Mr. Hemphill stated that his property consists of seven (7) acres. He explained that letters ofsupport from his neighbors to the east and west were included in the application packet. Mr. Hemphill stated that the proposed structure will be located 1OOyards from Seven Hills Road and is screened byseveral trees. He explained that the building materials will complement the existing house and surrounding homes in the neighborhood. Noone spoke hlopposition tothis request. Correspondence was received from the following individuals: Marie Colvin, 2O18Brady Drive John Cassin, 1929 Seven Hills Road Danny Williams, 1919 Seven Hills Road K4c Barron gave the Planning Division staff report. W1n. Padea moved and PWc Graham seconded to approve variance of 1.226 square feet from the maximum size allowance for residential garages of 1.000 square feet to allow for a 2.226 square foot garage. Mr. Meinhandtrenninded Board members hoconsider the general and specific findings that are required. Hestated that hefeels the findings have been met. The motion passed 5'Owith the following votes: Aye: Bonner, Graham, Hake, MeinhardL Portae Case No. B1iD13-819 Winston Court, Fence Height Variance. Application filed by Spencer and Maria Kemmer, property ovvners, for a 4 feet variance to the maximum height for fences in residential zones in order to construct fence of 10 feet in height in the rear yard (Section 35- 591.2 Standards for Fences and Walls in the RSdiatrict). The property is located onthe north side ufWinston Court 400feet west nfWinston Drive/Chestnut Street and isdescried aaLot 1Snf AahtanHills Subdivision, Jefferson City, Missouri. yWc Barron described the proposal and explained that the proposed fence exceeds the maximum fence height requirement ofsix (6) fent in on RG -2 zoning district. He stated that the applicants are requesting a variance from the fence height allowance in order to construct a 10 foot to|| containment fence around o sport court that is located in the rear yard. Mr. Barron explained that the fence would be constructed along three sides of the sport court and the primary purpose is to contain sports balls. Minutes/Jefferson City Board of Adjustment September 13, 2011 Am Mr. Spencer Kemmer, 819 Winston Court, spoke regarding this request and explained that the proposal is to construct a 10 foot tall black chain link fence to contain a sport court. He stated that due to the terrain the proposed fence would not be much different in height from their neighbor's privacy fence. Mr. Kemmer explained that this sport court is not only for his children but is accessible to other children in the neighborhood as well. Ms. Maria Kemmer, 819 Winston Court, spoke regarding this request and explained that they chose the black chain link fence because of the aesthetics and the ability to blend into the background. She stated that the fence will not be visible from the street and will not obstruct any views. Mr. Steve Eder, 815 Winston Court, spoke in favor of this request and explained that the Applicant provided details about this project before construction began. Ms. Partee inquired whether the proposed fence will provide a level of safety as well. in response, Ms. Kemmer explained that among other aspects safety was her main concern. She stated that the company that installed the sport court usually installs a mesh netting for containment. Mr. Kemmer explained that because of the 8 to 9 foot drop on the lower side no one is allowed to play on the sport court until the proposed fence is built. No one spoke in opposition to this request. Correspondence was received from Missy Backues, 822 Winston Court. Mr. Barron gave the Planning Division staff report. Ms. Partee moved and Mr. Bonner seconded to approve a variance of 4 feet from the 6 feet maximum height of fences in rear yards of residential zones in order to construct a fence 10 feet in height. Mr. Meinhardt reminded Board members to consider the general and specific findings that are required. The motion passed 5-0 with the following votes: Aye: Bonner, Graham, Hake, Meinhardt, Partee Case No. 811014 — 232 East High Street, Conditional Use Permit. Application filed by KKM Properties LLC, property owner, Ron Kaiser, authorized representative, on behalf of Scot Drinkard, applicant, for a conditional use permit to operate a bar in the C-3 Central Commercial zoning district. The property is located on the south side of East High Street 100 feet west of Monroe Street and is described as part of Inlot 479, Jefferson City, Missouri. Mr. Barron described the proposal and explained that the applicant is requesting a conditional use permit to operate a bar in a C-3 Central Commercial zoning district. He stated that the establishment would also serve food, and the percentage of revenue derived from the sale of alcohol is anticipated to be close to 50 percent. Mr. Baron explained that establishments deriving greater than 50 percent of their revenue from the sale of alcohol are defined by the Zoning Code as bars. He stated that the property was previously occupied by Kaiser's Jewelry. Mr. Scot Drinkard, 2114 Walz Court, spoke regarding this request and explained that he is moving Spectator's from the previous location on Missouri Boulevard to downtown. He stated that this will help with the revitalization of the downtown area especially with the newly established festival district. Mr. Drinkard explained that he is proposing an outdoor seating area with TV's and speakers. Minutes/Jefferson City Board nfAdjustment September 13.2Oi1 Mc K4einhant inquired of any efforts to mitigate problems that would have on adverse effect to the surrounding businesses. In response. Mr. Drinkard explained that since haowns the building he will bethere a(all times toaddress any issues that might occur. Mr. Meinhardt explained that the Board takes bans pretty seriously because when the Board approves a bar they assume that situations are going to be dealt with correctly as much as possible. He stated that this is a worthwhile addition to the downtown area. yWc Thomas Robbina, 111 E. High Street, Apartment 201, spoke in favor ofthis request and explained that he lives in the downtown area and has watched the downtown area develop. He stated that this is a good opportunity for the revitalization of the downtown area. Noone spoke inopposition tothis request. Correspondence was received from Sam Bushnnan, Samuel's Tuxedos and Gifts, 236 E. High Street. Mr. Barron gave the Planning Division staff report. Ms. Portee moved and Mr. Bonner seconded to approve the Conditional Use Permit in order to operate a bar/tavern use in a C-3 Central Commercial zoning district with the following conditions: o. Appnnval is subject to permits and inspections by the Building Regulations and Environmental Sanitation Divisions including building permits for renovations, food servioe, and occupancy permits. b. Obtain State of Missouri and City of Jefferson liquor licenses and business licenses. Ms. Partee expressed a concern of what might happen in that building if it remains vacant. PWc Mainhantoommenbad that he would be more concerned if Mr. Drinkard had never been in the bar business before. Hestated that since hehas owned Spectators for many years, he feels comfortable that things will behandled correctly. Mr. Graham commented that he has heard good things about Spectators and having them in this location is better than having nothing there aiall. He explained that bars are legal and the fact that someone may have concerns about their impact upon the community or upon the location in and of itself is nota sufficient reason for opposing this application. The motion passed 5-Uwith the following votes: Aye: Bonner, Graham, Hake, Meinhardt, Partee Miscellaneous Reports None. 8. Other Business None. Adjourn. There being no further business, the meeting adjourned at8�24a.m. Respectfully submitted, Administrative Assistant