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HomeMy Public PortalAbout20130611minutesMINUTES JEFFERSON CITY BOARD OF ADJUSTMENT June 11, 2013 7:30 a.m. BOARD MEMBERS PRESENT Wilma Partee, Chairwoman Stacey Young, Vice -Chairwoman Paul Graham Drew Hake Matthew Rimiller Katy Lacy, Alternate Robert Gammon, Alternate BOARD MEMBERS ABSENT Daniel Hancock, Alternate COUNCIL LIAISON PRESENT Carlos Graham Rick Mihalevich, Alternate STAFF PRESENT Eric Barron, Senior Planner Jeremy Cover, Assistant City Attorney Janice McMillan, Director of Planning and Protective Services Diane Cary, Administrative Technician ATTENDANCE RECORD 7of7 7 of 7 7of7 7 of 7 5of5 5 of 7 5 of 7 4 of 5 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff Chairwoman Partee called the meeting to order at 7:35 a.m. and introduced the Board members and staff. 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. Those wishing to speak to the Board were sworn in. 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 3. Adoption of Agenda Mr. Hake 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 May 14, 2013 Ms. Young moved and Mr. Hake 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 June 11, 2013 5. Communications Received Correspondence was received for Case No. 1313012. 6. New Business — Public Hearing Case No. B13012 — 1931 W. Main Street; Conditional Use Permit. (Continued from May 14, 2013.) Application filed by Jigneshkumar Patel, property owner, for a conditional use permit to operate a Retail Package Liquor Store in a C-1 Neighborhood Commercial zoning district. The property is located on the south side of West Main Street 200 feet east of Dix Road and is described as part of the Northwest Quarter of the Southwest Quarter of Section One, Township 44 North, Range 12 West, Jefferson City, Missouri. Mr. Barron began by explaining the different commercial districts in Jefferson City and their uses. This property is zoned C-1 Neighborhood Commercial and the Board will be looking at the Findings for the Conditional Use. The Board's job will be deciding if the findings have been met or not. The applicant has purchased the building at 1931 W. Main Street and wishes to convert it to a retail package liquor store use. The intersection of Dix Road, West Main Street, and Boonville Road is zoned Commercial C-1 and has a variety of commercial uses which include retail plant nursery, restaurant, a gas station and to the south and east are residences. The gasoline station/convenience store at 1940 W. Main sells a selection of alcohol including beer and a small selection of hard liquor. The building has approximately 3,700 square feet and proposes to rehabilitate the fagade and interior of the building and combine the two commercial units in the building into one. The property has two driveway accesses to W. Main Street and one driveway access to Dix Road. Parking for the property includes 6 spaces in front of the building, two spaces to the side of the building, and about 3 spaces along the driveway to W. Main Street, for a total of 11 spaces. Based on the square footage of the building, 11 spaces are required and so Mr. Patel meets that requirement. West Elementary School is also located at this intersection. Alcohol sales near schools is regulated in Chapter 4 of the City Code so the Liquor Board will regulate this, not the Board of Adjustment. The required separation distance from schools is 250 feet as measured in a direct line from the front door of the business to the front door of the school. The distance from the front door of the subject building to the front door of West Elementary School is approximately 430 feet. Mr. Barron pointed out a little bit history regarding the area. There was another liquor store located across the street. It was in business from the early 1970s to 1990. Mr. Hake asked Mr. Barron if he was aware of any publicly owned alley -ways adjacent or nearby? Mr. Barron's response was no. Mr. Graham wanted to make it clear for the record so asked Mr. Barron if the area outside of the C-1 area was all zoned residential? Mr. Barron answered that everything is RS -3 Single Family Residential. The east side of the property is single family and also the southern part, as well as the right hand corner. Jay Patel, owner of 1931 W. Main Street, lives at 1014 Bradford Circle, Moberly, Missouri. Mr. Patel explained that the business will be a wine and spirit store, will be high-end, clean, and will have very professional signage. The environment will be safe and he will spend a lot of his time at the store, as well as his family. A current monthly count of customers for this area is around 30,000 and he feels his store would only generate 1/3 of that, perhaps 8,300. They will not be creating more traffic, will just create a convenience for the neighborhood and the customers will only be from this community. Mr. Patel feels that elementary kids should be taught at home about alcohol and that kids under 18 cannot enter the business. The business will open at 9 a.m. and close at 10 p.m. The business will not be open when the kids are going to school. A third of the business is done when the kids are in school and the majority will 2 Minutes/Jefferson City Board of Adjustment June 11, 2013 be done when the kids are at home from 4 p.m. to 10 p.m. Mr. Patel feels it is unfair to show them as the bad guy when the convenience store across the street can sell alcohol 24 hours a day. Mr. Graham asked Mr. Patel if he had a count on how many children that would be walking past his liquor store? He responded by saying he did not know, but in allowing children to walk up and down that street with a large traffic count, that is putting the kids at risk anyway. Mr. Graham asked Mr. Patel if the place across the street is a packaged liquor store? Mr. Patel said that it is not a packaged liquor store but that it does sell alcohol. Mr. Graham asked Mr. Patel if he was going to have any advertising signs and would he accept an amendment regarding advertising signage? Mr. Patel answered that he is willing to work with the City. Mr. Graham asked if Break Time had advertising signage for liquor? Mr. Patel did not know. Ms. Lacy stated that Break Time does have advertising signage on their store. Mr. Barron added that the Board can place conditions for approval and signage is one item. But the Board must be cautious in that respect. Break Time is not restricted, so Mr. Patel's business should not be restricted. Mr. Graham asked when Break Time went in, was it required to have a Conditional Use permit? Mr. Barron answered no because it was built many years ago. Mr. Graham asked that if Break Time applied today, would a Conditional Use permit be required and Mr. Barron answered yes because it is a gas station. And if for reason it quit selling gasoline and sold only liquor, it would need to meet the requirements for a liquor store. There were no others to speak in favor of the request. Chairwoman Partee next asked for those who would like to speak in opposition of the request. The following spoke in opposition to the request: Gaylin Rich Carver, 430 Crystal View Terrace, Jefferson City, MO Don Willoh, 106 Douglas, Jefferson City, MO Paula Schulte, 1324 W. Main, Jefferson City, MO Rev. John Kerr, 322 Boonville Rd, Jefferson City, MO Michael Berry, 1204 Moreau Dr, Jefferson City, MO Matt Connor, 1531 Hayselton Dr, Jefferson City, MO Mary Schantz, 1928 Hayselton Dr, Jefferson City, MO Alberta Hepler, 1605 Paddlewheel Circle, Jefferson City, MO Rick Mihalevich, 1704 Delta PI, Jefferson City, MO Pat R. Kerr, 322 Boonville Rd, Jefferson City, MO The following reasons for opposition were presented: • Traffic concerns. Children would be in danger of vehicle traffic pulling in and out of business • More traffic generated • Liquor store would impact health and safety of neighborhood • Two liquor stores are two too many • Liquor store will compromise the integrity and character of our neighborhood • Liquor stores have been associated with negative financial and social impacts on residential area • Opportunities to obtain alcohol are ample in our community • Parking and traffic flow will be impaired • Children from neighboring homes and school will come in contact with the property daily • Concerned about public safety for children — only 34 students are bussed at West School, the rest walk or ride with parents • Pure liquor store can affect property value and damage the neighborhood 3 Minutes/Jefferson City Board of Adjustment June 11, 2013 • Fears this location will be a destination alcohol location. • Will have a detrimental effect on our properties, property values will go down • Concerned about extra traffic, danger to our children • Area has a liquor store, we do not need another. Plenty of other things that can be sold. • Do not favor having liquor stores near a school. • Do not agree with the findings. Agree and support business development, but do not agree with this business in this neighborhood • This neighborhood does not want a packaged liquor store Mr. Patel was then given time for a rebuttal and answered several questions from the Board. Mr. Barron gave the staff recommendation and reminded the Board to make their own decision. Mr. Barron felt the required findings appeared to be met. The package liquor store would be located in commercial node where alcohol sales are already conducted. The effect of the proposed use on the neighboring properties would not be dissimilar when compared to a non -alcohol oriented business or other permitted use of the C-1 district. Ms. Young moved for the approval of the proposed Conditional Use Permit to allow use of the property as a retail package liquor store and was seconded by Mr. Graham. After discussion a roll call vote was taken: Commissioner Vote Graham Nay Hake Nay Partee Nay Rimiller Nay Young Nay Motion failed. Mr. Barron wanted to remind the Board that if a meeting is held in July, it is scheduled for the 3"d Tuesday of that month. With no other business, the meeting adjourned at 9:40 a.m. Respectfully submitted, Diane Cary Administrative Technician 4