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HomeMy Public PortalAbout20130212minutesMINUTES JEFFERSON CITY BOARD OF ADJUSTMENT March 12, 2013 7:30 a.m. BOARD MEMBERS PRESENT ATTENDANCE RECORD Wilma Partee, Chairwoman Stacey Young, Vice -Chairwoman Drew Hake Matthew Rimiller Katy Lacy, Alternate Robert Gammon, Alternate Daniel Hancock, Alternate BOARD MEMBERS ABSENT Paul Graham COUNCIL LIAISON PRESENT Bill Luebbert STAFF PRESENT Eric Barron, Senior Planner Jeremy Cover, Associate City Counselor Janice McMillan, Director of Planning & Protective Services Diane Cary, Administrative Technician 4of4 4of4 4of4 2of2 3 of 4 4of4 2of2 2of4 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff Chairwoman Partee called the meeting to order and introduced Board members and staff. Board procedures were explained. A quorum was present to hear the items on the agenda. Regular members Wilma Partee, Stacey Young, Drew Hake, Matthew Rimiller, and Katy Lacy, Alternate, were designated to vote. Chairwoman Partee asked if there were any Board members who would not participate in any of the hearings scheduled. Stacey Young stated that because of a conflict of interest she would not vote on Case No. B13004. Chairwoman Partee stated that Robert Gammon, Alternate, would vote in her place on that case. 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 affidavits 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 for the Jefferson City, Missouri Board of Adjustment 3. Adoption of Agenda Ms. Young moved and Mr. Hake seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Partee, Young, Hake, Rimiller, Lacy 4. Approval of Minutes for the Regular Meeting of February 12, 2013 Mr. Hake moved and Ms. Young seconded to approve the minutes as written. The motion passed 5-0 with the following votes: Aye: Partee, Young, Hake, Rimiller, Lacy Minutes / Jefferson City Board of Adjustment March 12, 2013 5. Communications Received Correspondence was received for Case No. 613006. 6. New Business — Public Hearing Case No. B13004 — 4063 Westminster Drive; Rear Setback Variance. Application filed by Kent Bentlage Construction, owner, for a variance of 12 feet from the 30 feet rear setback requirement to allow for a setback of 18 feet. The property is located on the south side of the intersection of Hastings Road and Westminister Drive and is described as Lot 489 of Covington Gardens Section 5 (Central Missouri Professional Services, Consultant). Mr. Barron explained that the property consists of Lot 489 of Covington Gardens Section 5, which was platted in 2005. It is zoned RS -3 Single Family Residential and is located at the back end of the subdivision adjacent to the city limit line. A single family house was recently constructed on the lot. A building permit for the house was issued by the Building Division on September 17, 2012. At the time of the final inspection it was identified by the building inspector that the rear of the house was located within the rear setback area. Mr. Barron stated that the rear part of the house is a covered and enclosed porch, which is considered part of the main structure for zoning purposes. That area of the house encroaches into the 30' rear setback area by 12 feet. A gas pipeline easement exists on the neighboring property immediately behind the house. An electric easement exists along the rear portion of the lot and the structure partially encroaches into this easement. The City has no interest in the electrical easement and resolution of this encroachment would be between the property owner and the electric companies. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke on behalf of the owner, Kent Bentlage. As stated previously Mr. Bentlage did apply for a building permit. Mr. Samson stated that the property is an oddly shaped lot and much attention was given to the front setback, but not to the rear setback. Both Ameren Electric and Three Rivers Electric were contacted and they both signed off on easement releases saying that the encroachment into the electrical easement would cause no concerns. The property immediately behind the lot is unusable for any kind of construction due to the pipeline easement. Chairwoman Partee asked Mr. Samson that since the rear of the lot is not suitable for any kind of construction, does that mean the owner has no intention of building anything in that area? Mr. Samson answered that was correct. Mr. Hake asked at what point did the construction change from the as -submitted plans for the permit to being built differently? Mr. Samson said that he has not seen the plans, but at some point things did change and it was inadvertent. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke in favor of the request. He stated that his firm has had the good fortune of doing the entire development of the 5 sections of Covington Gardens and that if you visit the site you can see there is plenty of room for the encroachment of this setback. There was no intentional taking of rights from the adjoining property owner and he is asking the Board for leniency. There was no one to speak in opposition and no correspondence was received. Mr. Barron presented the staff recommendations. He stated that the required findings appear to be met. The lot has an odd shape due to the cul-de-sac bulb in front of the property. The impact of a reduced rear setback on the property to the rear is reduced due to the presence of a gas pipeline easement. Impact on other adjacent properties is negligible and the proposed variance would not appear to create any unsafe conditions. 2 Minutes / Jefferson City Board of Adjustment March 12, 2013 Mr. Hake moved and Mr. Gammon seconded to approve the requested variance of 12 feet to the 30 feet rear setback requirement in order to allow for a rear setback of 18 feet. The motion passed 5-0 with the following votes: Aye: Partee, Hake, Rimiller, Lacy, Gammon Case No. 813005 — 901 and 903 Harding Street; Lot Size and Rear Setback Variance. Application filed by River City Habitat for Humanity, owner of 901 Harding, and Mary Williams -Coley and David Coley, owners of 903 Harding, for the following: 1. A variance of 10 feet from the 25 feet rear setback requirement of the RS -4 district in order to allow for a rear setback of 15 feet. 2. A variance of 3,000 sf from the 6,000 sf minimum lot size of the RS -4 district in order to allow for a minimum lot size of 3,000 sf. The purpose of the request is to transfer a 10' wide tract of property to the neighboring owner at 1102 E. Atchison Street. The properties are located at the southeast corner of the intersection of East Atchison Street and Harding Street and are described as part of lots 1 and 2 of Ferguson Place Subdivision (Central Missouri Professional Services, Consultant). Mr. Barron described the proposal and explained that the property consists of two lots that recently have had houses constructed on them by Habitat for Humanity. A ten feet wide strip of property at the rear of the two lots has historically been used by the neighboring property owner to the south. Habitat for Humanity is requesting variances from lot area and setback requirements in order to allow for the transfer of this 10' wide strip of property to the neighbor. Mr. Barron stated that neither of the lots meet current zoning code requirements in terms of minimum lot size, but were grandfathered as buildable lots. The houses constructed on the lots each meet the setback requirements that are applicable to them. The fronts of the houses are built along the existing build line on the streets and the side setbacks are reduced slightly based on an average of existing side setbacks in the neighborhood. Each of the houses met the required 25' rear setback requirement of the RS -4 district at the time of construction. Mr. Barron stated that there is a significant grade change between the two Habitat lots and the neighboring property to the Southeast. A retaining wall that was constructed by Habitat separates the two lots from the 10' wide strip of property. A fence was also constructed on top of the retaining wall. A shed has been constructed at the rear of one of the lots, immediately adjacent to the retaining wall. This shed would set approximately 2 feet from the new rear property line. He stated that the Zoning Code requires that accessory structures be a minimum of 5 feet from the rear property line. A 3 feet variance from the setback requirement for accessory structures would also be necessary. The requested variances would allow for transfer of the 10' wide strip to the neighboring owner. Kelly Smith, River City Habitat for Humanity, 1420 Creek Trail Drive, spoke in favor of this request. Habitat for Humanity purchased 3 properties in 2006 in that area, 1100 E Atchison and 2 other homes. Those structures were torn down and Habitat opted to just put 2 homes back on those 3 lots. Central Missouri Professional Services discovered, while surveying, that this 10' track of property was being used by Ms. Bright. They could see that she had used this property for years. Habitat chose to put in a retaining wall and fence to separate the two properties. Habitat for Humanity is in the process of deeding this property to Ms. Bright instead of giving her a permanent easement. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty, stated that this has been a friendly resolution of a potentially adverse possession that normally could end up in court. A variance is required and this will allow the two property owners to work together. 3 Minutes / Jefferson City Board of Adjustment March 12, 2013 Lacreta Bright, 1102 E. Atchison, having lived at this address for many years, spoke in favor of the request. For many years she assumed that this track of land was part of 1102 E Atchison. There was no one to speak in opposition and no correspondence was received. Mr. Barron stated that the required findings appear to be met. The effect of the variances on the surrounding property would be minimal and would not create any unsafe conditions. Approval of the variances would allow for the transfer of the 10 ft. wide strip of property to the neighbor and would better reflect the actual usage of property. 1. Ms. Young moved and Mr. Hake seconded to approve the requested variance of 10 feet to the 25 feet rear setback requirement to allow for a rear setback of 15 feet. The motion passed 5-0 with the following votes: Aye: Partee, Young, Hake, Rimiller, Lacy 2. Ms. Young moved and Mr. Hake seconded to approve a 3 feet variance from the 5 feet rear setback requirement for accessory structures to allow for a setback of 2 feet. The motion passed 5-0 with the following votes: Aye: Partee, Young, Hake, Rimiller, Lacy 3. Ms. Young moved and Mr. Hake seconded to approve the requested variance of 3,000 square feet from the 6,000 square feet minimum lot size to allow for a lot size of 3,000 square feet. The motion passed 5-0 with the following votes: Aye: Partee, Young, Hake, Rimiller, Lacy Case No. 813006 — 2027 Christy Drive; Conditional Use Permit. Application filed by Riback Holding and Investment, owner, for a conditional use permit to operate a contractor trade shop with outdoor storage in a C-2 district. The property is located on the southeastern corner of the intersection of Christy Drive and Veterans Lane and is described as Part of the SW Quarter of the NW Quarter of Section 24, Township 44 North, Range 12 West, and Part of Lot 1 of Christy Commercial Plaza. Mr. Barron stated that the applicant's business, Riback Supply, is classified by the Zoning Code as a Contractor/Trade Shop. Such uses are permitted in the C-2 zoning district if their operations and storage are entirely indoors, but require a conditional use permit to allow for outdoor storage of materials. The outdoor storage area proposed by the applicant consists of 3,300 sf, which would be enclosed by an 9 ft. tall chain link fence with obtrusive view slat inserts to provide solid screening. The area where the outdoor storage is located is somewhat difficult to view from the adjacent property due to the topography and tree coverage of the area. Barry Meyer, Riback Supply, 912 W. McCarty, spoke in favor of the request. He stated that on the 3 sides other than the front, one is out of site, one faces their wooded property and one backs to Kevin Riley's Riley Chevrolet property. He stated that he has talked to all of his neighbors and has received all positive responses. Everything will be out of site and what is outside will be in an organized manner. Gary Oberkrom, Dick Otke Construction, 604 Missouri Blvd Ct, wanted to add that Riback is making a big investment in the Jefferson City area with this facility. This building has been vacant for 5 years so with all the renovations, this will be a big improvement to the area. What they are asking for will not be visible and Riback will do a nice upgrade to the store front. 4 Minutes / Jefferson City Board of Adjustment March 12, 2013 Correspondence in favor of the request was received from: West Gate JC, LLC, 302 Campusview Dr, Ste 203, Columbia, MO 65201 There was no one to speak in opposition to this request. Mr. Barron stated that the required findings appeared to be met. The outdoor storage area would have a minimal effect on the surrounding properties, would not create a dangerous situation, and meets the minimum level of required screening. Ms. Young moved and Mr. Rimiller seconded to approve the proposed Conditional Use Permit to allow use of the property as a contractor/trade shop with outdoor storage of materials. The motion passed 5-0 with the following votes: Aye: Partee, Young, Hake, Rimiller, Lacy Case No. B13007 — 601 Monroe Street; Signage Variance. Application filed by Monroe Street LLC, owner, on behalf of Newman, Comley & Ruth PC, applicant, for a variance of 8 feet from the maximum sign height of 32 feet to allow a sign height of 40 feet (Section 3- 4.A.1.d.3). The property is located at the southeast corner of Highway 50/63 and Monroe Street and is described as part of Inlots 827-830 (Central Missouri Professional Services, Consultant). Mr. Barron described the request and explained that the property consists of a three story office building with a number of separate tenants. One of the tenants, Newman, Comley & Ruth PC, wishes to locate two signs on the portion of the building that they occupy, which is on the third floor of the building. The signs would be located at a height of 40 feet above grade, which is 8 feet higher than the maximum height of signs permitted by the Advertising and Sign Code. One sign would be mounted on the western face of the building and one sign on the northern face of the building. He stated that the building currently has no building mounted signage. A total of 300 sf of building mounted signage would be permitted on the building by the current sign code. The proposed signs, while at a height that is greater than the permitted height of 32 feet, are 24 sf in size each and are small in comparison to other building mounted signs in the community. The property that the building is located on has some extreme terrain, which includes a grade difference of 60 feet across the property, and the third floor of the building is at ground level on the east side. Visibility of the building is limited from the east and south due to the grade of the property. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke in favor of this request. He stated that the redevelopment of this property has been a benefit to the community. He explained the challenges that the topography has presented and how the height of the signs would be beneficial. Signage is always a sensitive issue and needs to be tastefully done and he feels this is a reasonable request. Mr. Bates was also excited to have the owners of the firm in attendance, Mr. Newman, Mr. Comley, and Mr. Ruth. He appreciated their support. Mr. Bates added that the signage would not go above the facade of the building. Ms. Young asked if the picture was a good rendering of what it will look like upon completion and if the top of the sign will not go above the facade. Mr. Bates answered her questions by saying that was correct and passed around an additional picture to the Board members of what the completed sign will look like. Mr. Hake asked if the sign would be illuminated and Mr. Bates responded by saying it would be interior lit from dusk to dawn. 5 Minutes / Jefferson City Board of Adjustment March 12, 2013 Mr. Barron stated that the required findings appear to be met. The property has significant topographical challenges and the proposed signs would not have a significant effect on surrounding properties. Ms. Young moved and Mr. Rimiller seconded to approve the proposed sign variance. The motion passed 5-0 with the following votes: Aye: Partee, Young, Hake, Rimiller, Lacy Case No. 813008 — 2505 Mission Drive; Signage Variance. Application filed by SSM Regional Health Services, owner, for the following: 1. A variance of 1400 sf to the maximum building mounted signage of 300 sf to allow for a total of 1700 sf of building mounted signage (Section 3-4.A.1.d.1). 2. A variance of 480 sf to the maximum size of a building mounted sign of 200 sf to allow for building mounted signs of 680 sf (Section 3-4.A.1.d.2). 3. A variance of 88 feet to the maximum height of a building mounted sign of 32 feet to allow for signs at a height of 120 feet (Section 3-4.A.1.d.3). 4. A variance to the maximum number of freestanding signs to allow for one additional freestanding sign (Section 3-4.A.2.a). 5. A variance of 300 sf to the maximum size of a freestanding sign of 200 sf to allow a sign of 500 sf (Section 3-4.A.2.d). The property is located on the south side of Mission Drive 1500 feet east of Highway 179 and is described as Lot 1 and 2 of St. Mary's Health Center Subdivision (Central Missouri Professional Services, Consultant). Mr. Barron described the proposal and explained that the property consists of the new St. Mary's Hospital Complex, which is currently under construction. St. Mary's received a set of signage variances at the August 2011 meeting of the Board of Adjustment that allows them to place a 680 sf building mounted sign near the top of their building. This variance request is for an expanded, more detailed, signage package that includes a second 680 sf building mounted sign (to face the other direction), an arrangement of three freestanding signs (one of which would be as large as 500 sf) and 12 directional signs across the property, and an allowance of 340 sf for other building mounted signage. Mr. Barron explained that the new sign code amendments established a maximum size of 200 sf for a single sign and 300 sf for total building mounted signage. Properties are permitted one freestanding sign per road frontage. The St. Mary's site is considered to have two road frontages, and would therefore be permitted two freestanding signs. There is no limitation on the number of directional signs for a property, as long as the area of business signage on the directional sign does not exceed 10 sf. Two of the freestanding signs proposed have a minimal level of business signage on them, approximately 20 sf each. The third freestanding sign is proposed as a "Campus Sign" and has not been designed yet, but is anticipated to be a maximum of 500 sf. Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke in favor of the request. During the last several months a team of architects and the hospital have come up with a sign package for the additional signs. There are two main entrance signs into the hospital, the south entrance and the round -a -bout. There are three points of access of entrance into the hospital, the main entrance with the in-patient services, and the out-patient services, and the emergency rooms. These signs will help get people off the round -a -bout and onto the correct leg. So there will be primary and secondary directional signage. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. The required findings for the proposed signage variances appear to be met. The additional building mounted sign would have little effect on adjacent properties due to the significant separation distance between the hospital L Minutes / Jefferson City Board of Adjustment March 12, 2013 building and neighboring properties. The relationship of the size of the proposed building mounted sign to the size of the building is fairly proportional and the sign would not appear to have an overly negative effect on the character of the area. The large separation distance from the highway results in little effect on traffic or any significant views or vistas in the area and would justify a large sign size and taller sign height in order to allow for normal visibility. The allowance of additional building mounted signage is appropriate in order to allow for flexibility in the placement of signage near the building entrances. The variances for freestanding signs are also appropriate in order to allow a more coordinated campus oriented signage plan. The form of the motion was made into a signage package, with these five items: 1. Approval of the variance of 1400 sf to the maximum building mounted signage of 300 sf to allow for a total of 1700 sf of building mounted signage. 2. Approval of the variance of 480 sf to the maximum size of a building mounted sign of 200 sf to allow for building mounted signs of 680 sf. 3. Approval of the variance of 88 sf to the maximum height of a building mounted sign of 32 feet to allow for signs at a height of 120 feet. 4. Approval of the variance to the maximum number of freestanding signs to allow a total of 3 freestanding signs. 5. Approval of the variance of 300 sf to the maximum size of a freestanding sign of 200 sf to allow a sign of 500 sf. Mr. Hake moved and Ms. Young seconded to approve the signage package. The motion passed 5-0 with the following votes: Aye: Partee, Young, Hake, Rimiller, Lacy 7. Miscellaneous Reports None 8. Other Business None 9. Adjourn There being no further business, the meeting adjourned at 8:50 a.m. Respectfully submitted, r Diane Cary Administrative Technician 7