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HomeMy Public PortalAbout20130409minutesMINUTES JEFFERSON CITY BOARD OF ADJUSTMENT April 9, 2013 7:30 a.m. BOARD MEMBERS PRESENT ATTENDANCE RECORD Wilma Partee, Chairwoman 5 of 5 Stacey Young, Vice -Chairwoman 5 of 5 Paul Graham 3 of 5 Drew Hake 5 of 5 Matthew Rimiller 3 of 3 Katy Lacy, Alternate 4 of 5 Daniel Hancock, Alternate 3 of 3 BOARD MEMBERS ABSENT Robert Gammon, Alternate 4 of 5 COUNCIL LIAISON PRESENT Bill Luebbert STAFF PRESENT Janice McMillan, Director of Planning and Protective Services Eric Barron, Senior Planner Jeremy Cover, Associate City Counselor Diane Cary, Administrative Technician 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, Paul Graham, Drew Hake, and Matthew Rimiller 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 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 Mr. Graham moved and Ms. Young seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Partee, Young, Graham, Hake, Rimiller 4. Approval of Minutes for the Regular Meeting of March 12, 2013 Mr. Graham moved and Ms. Young seconded to approve the minutes as written. The motion passed 5-0 with the following votes: Aye: Partee, Young, Graham, Hake, Rimiller Minutes/Jefferson City Board of Adjustment April 9, 2013 5. Communications Received None. 6. New Business — Public Hearing Case No. B13009 — 3124 South Ten Mile Drive; Drive Through Lane and Dumpster Setback Variances. Application filed by McDonalds Corporation, property owner, for the following: 1. A variance of 6 feet from the drive through lane setback of 20 feet to allow for a setback of 14 feet. 2. A variance of 20 feet from the 25 feet front setback to allow for a dumpster enclosure 5 feet from the front property line on South Ten Mile Drive. 3. A variance from the requirement that waste bins shall be located in the side or rear yard. (Section 35-40.0-10) The property is located on the Southeast comer of the intersection of South Ten Mile Drive and Missouri Boulevard and is described as part of the Southeast Quarter of the Northwest Quarter of Section 10, Township 44 North, Range 12 West, Jefferson City, Missouri. (Farnsworth Group, Consultant) Mr. Barron explained that McDonalds is planning to demolish their existing building and replace it with a new building. The plans also call for a reconfiguration of the parking lot and drive through lane arrangement. The subject property is zoned C-2 General Commercial. McDonalds uses a portion of the neighboring Orscheln property for parking and vehicle circulation and there is a parking easement and access easement in place to support this use. The proposed drive through lane location is 14 feet from the Orscheln property, which is less than the required setback for a drive through lane of 20 feet. The company is requesting a variance from the drive through lane setback to accommodate the planned drive through lane location. Mr. Barron stated that McDonalds originally built a restaurant at this location in the early 1980's. Additional property was acquired from Orscheln in 1985. The drive through lane was expanded into a dual drive through lane in 2010. Drive through lane traffic occasionally backs up onto South Ten Mile Drive during peak traffic periods, although the back-up has been significantly reduced since the installation of the dual lane system. The dumpster enclosure has been located at the southeast corner of the property adjacent to South Ten Mile Drive for many years. Dumpsters are required to be located in the side or rear yard largely for aesthetic purposes. Since the property has street frontage on three sides, the South Ten Mile Drive side of the property seems the most logical location for a dumpster enclosure. The reduced setback for the dumpster enclosure arises from the desire to improve the traffic circulation pattern for the site, so the company is requesting variances from the setback and location requirements in order to accommodate the proposed dumpster location. Howard Johnson, Project Manager of McDonald's Corporation, 10801 Mastin Blvd, Overland Park, Kansas, spoke in favor of the request. Mr. Johnson introduced those who came with him and stated that Jeff Brocco with Farnsworth Group would give the presentation. Jeff Brocco, Farnsworth Group, 20 Allen Avenue, St. Louis, Missouri presented handouts of the site plan and trash enclosure plan to the members. Mr. Brocco stated that McDonalds has selected this restaurant for reconstruction. Due to industry changes McDonalds needs to remain competitive. Their parcel is small and with the changes that need to be made, such as side by side drive through lanes, lot circulation, and dumpster location, this makes the parcel seem even smaller. In order to navigate around the property safely and quickly, variances are being requested. Mr. Hake asked if there was any consideration to abandoning the extra drive and just share the drive with Orscheln and would that have an adverse effect on the traffic flow. Mr. Brocco answered that was not considered at all. Sharing the drive would force the patrons to circle the entire building before they could get a parking space or place an order. Most patrons would not care for that. Ms. Young asked if there would be any kind of signage for traffic flow patterns. Mr. Brocco answered that there will be entry signs, as well as signs that will be placed strategically to help the patrons out of the drive through area. Mr. Brocco also agreed that more directional signs can be added. No one spoke in opposition to this request. Mr. Barron stated that McDonalds does share access and parking with the Orscheln site, so the proximity of the drive through is not really an issue, but more of a technical zoning issue. The dumpster enclosure has been located at the southeast comer of the property adjacent to South Ten Mile Drive for Minutes/Jefferson City Board of Adjustment April 9, 2013 many years. This seems to be the most logical location for a dumpster enclosure. The reduced setback for the dumpster enclosure arises from the desire to improve the traffic circulation pattern for the site. The dumpster enclosure would be constructed of brick and landscaping that would be placed around the dumpster enclosure to further soften the visual impact. Mr. Barron stated that the findings appear to be met. The property is bordered on three sides by streets, which makes locating a dumpster problematic. The presence of access and parking agreements with the neighboring Orscheln property reduces the impact of the drive through lane. Impact on other nearby properties is minimal. Ms. Young moved and Mr. Hake seconded to approve these three items: 1. Motion for approval of the requested variance of 6 feet to the 20 feet drive through lane setback requirement in order to allow for a drive through lane setback of 14 feet. 2. Motion for approval of the requested variance of 20 feet from the front setback requirement of 25 feet to allow a front setback for the dumpster enclosure of 5 feet. 3. Motion for approval of the requested variance to the requirement that waste bins be located in the side or rear yard. The motion passed 5-0 with the following votes: Aye: Partee, Young, Graham, Hake, Rimiller Case No. B13010 — 510 Ellis Blvd, Suite A; Conditional Use Permit. Application filed by Leslie Properties LLC, property owner, on behalf of Jigneshkumar Patel, applicant, for a conditional use permit to operate a Retail Package Liquor Store with drive through lane in a C-1 Neighborhood Commercial zoning district. The property is located on the south side of Ellis Boulevard 200 feet east of 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, Missouri. Mr. Barron described the proposal and explained that the applicant wishes to locate a retail package liquor store at 510 Ellis Blvd, Suite A. This suite has formally been a movie rental store and also several different bars; Southern Comfort, Soggy Bottoms and Thunder Struck. The package liquor store would utilize the existing drive through window to serve drive through customers. The property is zoned C-1 Neighborhood Commercial, and package liquor stores are a conditional use of the C-1 zoning district. Mr. Barron stated that this proposal for a retail package liquor store is located in a retail strip mall where other forms of alcohol sale are already permitted. The EI Jimador Restaurant serves alcoholic drinks and the unit where the liquor store would be located has previously been approved for use as a bar. The existing drive through lane has the requisite number of stacking spaces (3 spaces) for a drive through liquor store. Mr. Al Rickard, 3201 Citadel Court, Jefferson City, Missouri spoke in favor of the request. He and his wife purchased the plaza twelve years ago and many changes have taken place in this unit, which is one of their largest. After the last tenant, he has gone in and stripped the bar out of the inside and it is now ready for a new tenant. After Mr. Patel contacted him about renting it, Mr. Richard visited one of Mr. Patel's stores in another town and he found it to be very neat and clean and it seemed to be operated very professionally. Jigneshkumar Patel spoke in favor of the request. Mr. Patel lives at 1014 Bradford Circe, Moberly, Missouri. Mr. Patel would be the tenant at 510 Ellis Blvd, Suite A and likes to think of his stores as a wine and spirit shop which not only sells liquor but also sodas, energy drinks, chips and candy. He prefers to have a drive-through for the convenience of his customers. Mr. Graham asked Mr. Patel what the hours would be and he responded by saying Monday through Thursday they would open at 8 am and dose at 10 pm. Friday and Saturday they would stay open until 11 pm. No one spoke in opposition to this request. Mr. Barron gave the staff recommendations. The required findings appear to be met. The package liquor store would be located in a retail strip mall where other forms of alcohol sale are allowed, such as the El Jimador Restaurant and the previously approved bars. The effect on neighboring properties should be minimal. Minutes/Jefferson City Board of Adjustment April 9, 2013 Ms. Young moved and Mr. Graham seconded for approval of the proposed Conditional Use Permit to allow use of the property as a retail package liquor store. After discussion the vote was taken. The motion passed 5-0 with the following votes: Aye: Partee, Young, Graham, Hake, Rimiller Case No. B13011 — 2409C Hyde Park Road; Conditional Use Permit and Variance. Application filed by F.J. Jordan Co. LLC, property owner, on behalf of AT&T, applicant, for the following: 1. A Conditional Use Permit to locate a 120 feet tall monopole telecommunication tower in a C-1 Neighborhood Commercial zoning district. 2. A variance of 39 feet from the 70 feet setback (applicable to a 120' tall tower) to allow a setback of 31 feet. The property is located on the South side of Hyde Park Road 600 feet east of Stadium Boulevard and is described as part of Lot 67 of Jordan Towne Subdivision, Jefferson City, Missouri. (Armstrong Teasdale and Network Real Estate, Consultants) The third case has been continued by the applicant until the next meeting. 7. Miscellaneous Reports None 8. Other Business None 9. Adjourn There being no further business, the meeting adjourned at 8:25 a.m. Respectfully submitted, Diane Cary Administrative Technician