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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 2of3 1 of 3 3of3 3of3 3of3 3of3 1 of 3 2of3 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 1 Minutes/Jefferson City Board of Adjustment 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 2 Minutes/Jefferson City Board of Adjustment 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 3 Minutes/Jefferson City Board of Adjustment 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 4