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HomeMy Public PortalAbout20111213minutesMINUTES JEFFERSON CITY BOARD OF ADJUSTMENT December 13, 2011 7:30 a.m. BOARD MEMBERS PRESENT Kevin Meinhardt, Chairman Paul Graham Stacey Young Glenn Bonner, Alternate Drew Hake, Alternate BOARD MEMBERS ABSENT Robert Dallmeyer, Jr. Wilma Partee, Vice Chairman Katy Lacy, Alternate COUNCIL LIAISON PRESENT Bill Luebbert, Alternate City Council Liaison STAFF PRESENT. Janice McMillan, Director, Planning & Protective Services Drew Hilpert, Associate City Counselor Eric Barron, Senior Planner Anne Stratman, Administrative Assistant Diane Cary, Administrative Technician ATTENDANCE RECORD 2of2 1 of 2 2 of 2 2 of 2 2 of 2 0of2 1 of 2 1 of 2 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 was present to hear the items on the agenda. All regular members and alternates Glenn Bonner and Drew Hake 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, 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. 3. Adoption of Agenda Mr. Hake moved and Mr. Bonner seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Bonner, Graham, Hake, Meinhardt, Young 4. Approval of Minutes for the Regular Meeting of November 8, 2011 Mr. Graham moved and Ms. Young seconded to approve the minutes as written. The motion passed 5-0 with the following votes: Aye: Bonner, Graham, Hake, Meinhardt, Young Minutes/Jefferson City Board of Adjustment Page 2 December 13, 2011 S. Communications Received Correspondence was received for Case No. B11018. 6. New Business — Public Hearing Case No. B11018 — 304 Cherry Street, Density and Setback Variance. Application filed by Myrna Hoyle, authorized representative, Happy Hoyle Trails LLC, property owner, for a variance of 543 square feet from the maximum floor area of 3,562 square feet in order to allow for a 265 square feet building addition and a variance of 5 feet from the rear setback of 20 feet to allow for a 15 feet rear setback (Section 35-51 Density and dimensional standards). The property is used as a residence, located on the west side of Cherry Street 150 feet south of High Street and is described as Part of Inlot 515, Jefferson City, Missouri. Mr. Barron described the proposal and explained that the property consists of a single family residential home on 0.08 acres. He stated that the property owner is proposing to construct a sunroom addition to the rear of the home that would extend beyond the 20 foot rear setback line and would exceed the maximum floor/area ratio of 1.0. Mr. Barron explained that properties zoned C-2 are permitted a floor/area ratio of 1, meaning that the amount of gross floor area within the structure cannot exceed the size of the property. He stated that the house currently consists of 3840 square feet and has a floor/area ratio of 1.08, which currently exceeds the maximum permitted. Mr. Barron explained that the proposed sunroom addition consists of 265 square feet and would result in a floor area ratio of 1.15. He stated that the rear setback requirement of the C-2 zoning district is 20 feet. Mr. Barron explained that the sunroom addition would set 15 feet from the rear property line. He stated that a 10 foot wide private alley borders the property on the north and west. Mr. Barron explained that if the private alley were considered part of the Applicant's property, the proposed addition would meet both the setback and density allowances of the C-2 zoning district and a variance would not be necessary. Mr. Hake inquired whether the private alley is City owned. In response, Mr. Barron explained that it is better described as an easement with use by a property owner. Kyle Berendzen, Berendzen Construction, 125 Douglas Dr, spoke on behalf of Myrna Hoyle. Mr. Berendzen explained that Ms. Hoyle would like to construct a 265 square foot sunroom addition to the rear of her home. He stated that Ms. Hoyle has made several improvements to her house and has fixed water problems that have occurred. Mr. Berendzen explained that if Ms. Hoyle went by the required setbacks her room would be 10' x 10', whereas the proposed room is 16' x 16 W. Leathell Dunlap Jr., 209 Dawson Street, Apt. A, spoke in opposition to this request. Mr. Dunlap explained that he is a part owner of 723 E. High Street, Lot 515. He stated that he would be opposed to this request if this addition would hinder the developmental growth of his lot. Mr. Barron stated that the proposed addition would be centered on the back of the property and would not be near either side of the property. Mr. Meinhardt stated that he did not feel this would hinder his property in any way. Correspondence was received from the following individuals: Ricardo Finney, 817 Jefferson Street Leathell Dunlap, Jr., 209 Dawson Street, Apt. A Lois Marshall, 125 King Ridge Road Lynn Ritter, 719 E. McCarty Street. Mr. Barron gave the Planning Division staff report. Mr. Graham moved and Ms. Young seconded to approve a variance of 543 square feet from the maximum floor/area ratio of the property in order to allow a floor/area ratio of 4,105 sf/3,562 sf. Mr. Meinhardt stated that all of the findings have been met. Minutes/Jefferson City Board of Adjustment December 13, 2011 The motion passed 5-0 with the following votes: Aye: Bonner, Graham, Hake, Meinhardt, Young Page 3 Mr. Graham moved and Mr. Hake seconded to approve a variance of 5 feet from the 20 feet rear setback in order to allow for a setback of 15 feet. The motion passed 5-0 with the following votes: Aye: Bonner, Graham, Hake, Meinhardt, Young Mr. Hake complimented the on-going improvement efforts in the Old Town area. 7. Miscellaneous Reports None. 8. Other Business None. 9. Adjourn. There being no further business, the meeting adjourned at 8:03 a.m. Respectfully submitted, Diane Cary, Administrati Technician