HomeMy Public PortalAbout20140708minutesMINUTES
JEFFERSON CITY BOARD OF ADJUSTMENT
July 8, 2014, 7:30 a.m.
BOARD MEMBERS PRESENT
Wilma Partee, Chairwoman
Paul Graham
Drew Hake
Matthew Rimiller
Robert Gammon, Alternate
Daniel Hancock, Alternate
BOARD MEMBERS ABSENT
Stacey Young, Vice -Chairwoman
Katy Lacy, Alternate
COUNCIL LIAISON PRESENT
Ken Hussey
ATTENDANCE RECORD
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STAFF PRESENT
Eric Barron, Senior Planner
Diane Cary, Administrative Technician
Jeremy Cover, Assistant City Attorney
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 7:35 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, Paul Graham, Drew Hake, Matthew Rimiller,
and Robert Gammon. 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
Mr. Graham moved and Mr. Hake seconded to adopt the agenda as printed. The motion
passed 5-0 with the following votes:
Aye: Partee, Graham, Hake, Rimiller, Gammon
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July 8, 2014
4. Approval of Minutes for the Regular Meeting of February 11, 2014
Mr. Hake moved and Mr. Graham seconded to approve the minutes as written. The motion
passed 5-0 with the following votes:
Aye: Partee, Graham, Hake, Rimiller, Gammon
5. Communications Received
Correspondence was received for Case No. B14005.
6. New Business — Public Hearing
Case No. B14005 — 2027 W. Main Street; Fence Height Variance. Application filed by
Duncan and Lucia Kincheloe, property owners, for a variance of 3 feet from the maximum fence
height of 6 feet to allow a fence height of 9 feet. The property is located on the south side of
West Main Street 150 feet west of Donald Avenue and is described as Part of the Southeast
Quarter of Section 2, Township 44 North, Range 12 West, and part of Lot 31 of Westridge
Addition, Jefferson City, Missouri.
Mr. Barron explained that the purpose of the request was to accommodate the construction of a
9 foot tall combination fence and wall along a portion of the eastern property line. The proposed
fence/wall would run from the north side of the garage along the property line to the front of the
house. The southern portion of the wall would be constructed with cinderblock and is proposed
to exceed the 6 foot height limit, and the northern portion of the wall would be wood, metal, or
vinyl fencing, which would transition down from the taller wall to the permitted 6 foot height.
Mr. Barron explained that the proposed increase in wall height is limited to a length of
approximately 30 feet and is intended more as an architectural effect rather than to fence in the
entire backyard. The design of the wall is fairly elaborate, which would help to distinguish it
from a normal fence and allow it to blend in with the house and shed on the property.
Mr. Duncan Kincheloe, applicant, lives at 2027 W. Main Street. He thanked Mr. Barron for
presenting his request. He mentioned that his neighbor, who submitted the correspondence, is
very supportive of his request. Mr. Kincheloe tried to leave the fence/wall at 6 ft., but it just
didn't achieve at that height what they were trying to do, so he would appreciate the Board
approving his application.
There was no one else to speak in favor of the request and no one to speak in opposition of the
request.
Mr. Barron stated that the required findings appear to be met. The proposed increased height
for the fence/wall is limited in scope and meant to accomplish a very specific architectural
design at the rear of the applicant's house. The effect of the proposed variance would be
limited, and the variance is supported by the neighboring property owner.
Mr. Graham made a motion for approval of the requested variance of 3 feet from the 6 foot
maximum fence height to allow for a fence of 9 feet and was seconded by Mr. Rimiller. The
motion passed 5-0 with the following votes:
Aye: Partee, Graham, Hake, Rimiller, Gammon
Case No. B14006 — 510 and 512 E. Ashley Street; Side Setback Variance. Application filed
by River City Habitat for Humanity, property owner, for a variance of 2 feet from the minimum
side setback of 7 feet to allow a side setback of 5 feet on both lots. The property is located on
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July 8, 2014
the south side of East Ashley Street 300 feet east of Jackson Street and is described as Lots 9
and 10 of Browns Subdivision of Outlot 14, Jefferson City, Missouri.
Mr. Barron explained that River City Habitat for Humanity has acquired this property, which
consists of two platted lots with an existing house. The existing house is planned to be
demolished and two new houses constructed, one on each lot. The property is zoned RS -4
which permits a side setback of 7 feet. The applicant proposes to reduce the side setback to 5
feet on the western side of each lot in order to allow for a driveway on the eastern side of each
lot.
Mr. Barron explained that the standard side setback for the RS -4 zoning district is 7 feet and the
standard front setback is 25 feet. In neighborhoods where houses were constructed with
setbacks less than the required minimum, the required setback for new structures is an average
of the existing setbacks on the street. This allows for houses to be constructed at the existing
front "build line" that has been established along a street and also allows for side setbacks
similar to existing houses along the street. The two lots are each 45.85 feet wide, which is less
than the minimum lot width in the RS -4 district of 50 feet, but the lots are existing platted lots
and are "grandfathered" as buildable lots.
Kyle Kittrell, representing River City Habitat for Humanity, 1420 Creek Trail Drive. Mr. Kittrell
wanted to add to Mr. Barron's presentation by stating that to the west of the two lots is a 20'
alley that gives extra room, essentially 25' between the neighboring property line and where the
house will be built. And there is 20' between the two houses and then another 20' on the
eastern side next to the neighbor's house.
Mr. Barron stated that the required findings appear to be met. The effect of the variance would
be to allow the houses to be built in a manner that is similar to the existing character of the area,
with a driveway on the side of the houses and with the houses built at the existing build line on
the street, rather than the driveway being placed in front of the house and the houses being built
much further back from the existing build line.
Mr. Graham made a motion for approval of the requested variance of 2 feet from the 7 foot side
setback to allow for a side setback of 5 feet with respect of the western side of Lot 9 and the
western side of Lot 10 of Brown's Subdivision of Outlot No. 14 in the City of Jefferson, Missouri
and was seconded by Mr. Hake. The motion passed 5-0 with the following votes:
Aye: Partee, Graham, Hake, Rimiller, Gammon
Case No. 814007 — 2730 W. Main Street; Conditional Use Permit. Application filed by Jeff
City Development LLC, property owner, on behalf of Federal International Inc., applicant, for a
conditional use permit and fencing plan to permit outdoor operations and storage on the north
side of the building. The property is located on the north side of West Main Street 750 feet east
of Highway 179 and is described as Part of the West Half of the Southeast Quarter of Section
34, Township 45 North, Range 12 West, Jefferson City, Missouri.
Mr. Barron explained that the applicant has been operating a recycling facility at this location
since 2011. The property is zoned M-1 and recycling centers with indoor operations and
storage are a permitted use of the M-1 district, but recycling centers with outdoor operations or
storage are a conditional use of the M-1 district. The recycling facility has engaged in outdoor
operations and outdoor storage of recyclable materials and has been notified by the City that
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July 8, 2014
outdoor operations and storage are not permitted unless a conditional use permit is approved by
the Board of Adjustment.
Mr. Barron explained that the applicant is applying for a Conditional Use Permit in order to allow
for outdoor operations and storage on the north side of their facility, which would be located
within a fenced area. The fence would be 6 feet tall, chain link with polyethylene screening
material attached. The fencing would screen the outdoor operations and storage and would
help to prevent trash from blowing away from the site.
Kendra Kemp, Federal International, 2730 W. Main St, spoke regarding their request. She
explained that the loading dock is the main area where there are problems with trash and loose
papers. When papers are bundled up and loaded onto trailers, especially on a windy day, there
could be the problem of those loose papers flying. A fence would keep those papers within their
property. Ms. Kemp explained where the fence would be placed and what type of fence it would
be.
Mr. Barron stated that the findings appear to be met. The area is industrial in nature and
outdoor storage and operations, when appropriately screened, would have a minimal effect on
surrounding properties. The style of fencing material seems appropriate and the fence would
serve as a barrier to blowing trash that escapes the facility's loading docks.
Mr. Graham made a motion for approval of the proposed conditional use permit and screening
plan to permit outdoor operations of storage on the north side of the building located on the
property described in the application and was seconded by Mr. Hake. The motion passed 5-0
with the following votes:
Aye: Partee, Graham, Hake, Rimiller, Gammon
7. Miscellaneous Reports
There were no miscellaneous reports.
8. Other Business
There was no other business.
9. Adjourn
With no other business Mr. Graham moved for adjournment and was seconded by Mr. Rimiller.
The motion passed and the meeting was adjourned at 8:20 a.m.
Respectfully Submitted,
Diane Cary
Administrative Technician
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