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HomeMy Public PortalAbout20140211minutesMINUTES JEFFERSON CITY BOARD OF ADJUSTMENT February 11, 2014 7:30 a.m. BOARD MEMBERS PRESENT ATTENDANCE RECORD Wilma Partee, Chairwoman 1 of 2 Stacey Young, Vice -Chairwoman 1 of 2 Drew Hake 2 of 2 Matthew Rimiller 2 of 2 Katy Lacy, Alternate 2 of 2 Robert Gammon, Alternate 2 of 2 Daniel Hancock, Alternate 2 of 2 BOARD MEMBERS ABSENT Paul Graham 0 of 2 STAFF PRESENT Eric Barron, Senior Planner Diane Cary, Administrative Technician Jeremy Cover, Assistant City Attorney (arrived at 7:35 a.m.) Janice McMillan, Director of Planning and Protective Services (arrived at 7:45 a.m.) 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff Chairwoman Partee called the meeting to order at 7:33 a.m. and introduced the Board members and staff. A quorum was present to hear the items on the agenda. The following members were designated to vote: Wilma Partee, Stacey Young, Drew Hake, Matthew Rimiller, and Katy Lacy. Those wishing to speak to the Board were sworn in. 2. Procedures Explained Eric Barron explained the procedures of the meeting and 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 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 January 14, 2014 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, Hake, Rimiller, Lacy Minutes/Jefferson City Board of Adjustment February 11, 2014 5. Communications Received Correspondence was received for Case No. B14003. 6. New Business — Public Hearing Case No. B14002 — 731-739 Stoneridge Parkway; Street Frontage Variance. Application filed by F&F Development, property owner, for a variance from the requirement that all lots have frontage on a publicly dedicated street. The purpose of the request is to allow a subdivision of the property that would create one lot without street frontage. The property is located on the east side of Stoneridge Parkway 1000 feet south of Missouri Boulevard and is described as Lot 3 of Stoneridge Village Section One, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Mr. Barron explained that the purpose of the request is to subdivide the subject property into three lots, with Petsmart, Dick's Sporting Goods, and the Small Shops each being on a separate lot. One of the lots (with the Small Shops) would be landlocked with no property connection to a street. The zoning code requires that all lots have a connection to a city street, and a variance from this requirement is being sought in order to accommodate the subdivision plan. Mr. Barron described that street frontage is necessary in order to ensure that a property has vehicular access as well as access to necessary utilities. Street frontage is also important in order to allow for a property to display signage along the street. Mr. Barron described that the property was platted and developed within the context of a larger commercial shopping center development and the developer put in place easements and covenants that allow for vehicular access and utility access between the properties. The developer has also made use of the signage allowances within the Sign Code to create a coordinated system of shared signage for the development. Mr. Barron stated that with .the utility/access agreements and shared signage in place, the need for street frontage is reduced. Mike Bates and Paul Samson, both with Central Missouri Professional Services, 2500 E. McCarty Street, spoke for F & F Development, the applicant. Mr. Bates presented a visual to the Board to explain their request. Mr. Bates stated that the only variance that is needed is the street frontage and that everything else conforms to the building code requirements and subdivision plat requirements. Mr. Paul Samson stated that other than the property lines themselves, nothing of the operation of the facilities as they exist is expected to change. All five lots were covered in a reciprocal easement agreement in which they give all parties access to each other's properties for traffic access, parking & utilities. They all have their separate utility services. Mr. Samson answered various questions that the Board had. Mr. Samson explained that Petsmart was built first and there is a small separation (of a few inches) between their building and the next. Between Small Shops and Dick's Sporting Goods there is a common wall, which will have a party -wall agreement prior to the recording of the subdivision plat. Mr. Samson stated that F & F Development would like to sell Petsmart and Dick's Sporting Goods as individual tracts and retain ownership of the Small Shops area. No one spoke in opposition to the request. Mr. Barron gave the staff report, stating that the applicant has submitted evidence that agreements are in place regarding utility and vehicular access for the property and signage for 2 Minutes/Jefferson City Board of Adjustment February 11, 2014 the landlocked parcel can be accommodated through the Large Area Commercial Development shared signage allowances of the Signs Code. Ms. Young made a motion for approval of the requested variance from the street frontage requirement and was seconded by Mr. Rimiller. The motion passed 5-0 with the following votes: Aye: Partee, Young, Hake, Rimiller, Lacy Case No. 614003 — 1809 Hayselton Drive; Setback Variance. Application filed by Andrew and Lesha Neidert, property owners, for a 3.5 foot variance from the side setback of 10 feet to allow a 6.5 foot setback. The purpose of the request is to construct a two car garage on the rear of the existing house. The property is located on the south side of Hayselton Drive 2100 feet east of Boonville Road and is described as lots 78, 79, and 80 of Block 4 of Sunset Place Addition, Jefferson City, Missouri. Mr. Barron stated that the purpose of the request is to accommodate the construction of a garage addition to the rear of the house. A sanitary sewer line traverses the rear yard, and the owner's intentions of constructing a garage to the rear of the house are hampered due to the sanitary sewer line. In order to fit the garage addition and not conflict with the sewer line, the owner is proposing to construct the addition closer to the side property line than permitted by the 10' side setback requirement. Mr. Barron described that the standard side setback for the RS -3 zoning district is 10 feet. In neighborhoods where houses were constructed with a setback less than 10 feet, the required setback for new structures is an average of the existing setbacks on the street. On this section of Hayselton Drive, the average existing setback is approximately 8.5 feet. The requested variance would result in a setback of 2 feet less than the existing average setback along the street. Mr. Barron described that the property owner's house sets back 7.15 feet from the neighboring property to the west, although the house sits at an angle to the property line and the actual setback increases to 18.7 feet at the rear corner of the house. The proposed garage is 6.5 feet from the property line, which is 0.65 feet (approximately 8 inches) less than the closest point of the existing house. Mr. Barron stated that the easement for the sewer line was originally dedicated as a "blanket" easement, and that the Wastewater Division requires a minimum setback from the sewer line of 5 feet, with no overhangs into the setback area. Mr. Barron stated that the neighbor to the East and the neighbor to the West have both sent positive correspondence regarding the request. Also, the next neighbor down one to the West sent correspondence in support of the request. Andy Neidert, 1809 Hayselton Drive, spoke regarding his request. He stated that they would like to build a garage that will be attached to the rear of their house. Because of the sewer line, this will be less than 7.5 feet from the neighbor's driveway. In order to keep the same look as the house, they would keep the same overhang as the house and the fagade that would be seen from the road would match the house. No one spoke in opposition to the request. 3 Minutes/Jefferson City Board of Adjustment February 11, 2014 Mr. Barron stated in regard to the staff analysis that the required findings appear to be met. The sewer line creates a practical difficulty with constructing the garage addition to the required setback. The reduced setback would not be a major deviation from the existing setbacks in the area or the established building pattern along Hayselton Drive. Ms. Young made a motion for approval of the requested variance of 3.5 feet from the 10 foot side setback to allow for a side setback of 6.5 feet and was seconded by Ms. Lacy. The motion passed 5-0 with the following votes: Aye: Partee, Young, Hake, Rimiller, Lacy 7. Miscellaneous Reports There were no miscellaneous reports. 8. Other Business A. Election of Officers Ms. Young moved that the said officers stay the same. This was seconded by Mr. Rimiller. The motion passed 6-0 with the following votes. Aye: Partee, Young, Hake, Rimiller, Lacy, Hancock 9. Adjourn With no other business, the meeting was adjourned at 8:33 a.m. Respectfully Submitted, &t.-& &A - Diane Cary Administrative Technician 4