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HomeMy Public PortalAbout2015-07-14 minutesMINUTES JEFFERSON CITY BOARD OF ADJUSTMENT July 14, 2015 BOARD MEMBERS PRESENT Wilma Partee, Chairwoman Paul Graham Andrew Hake Katy Lacy, Alternate Robert Gammon, Alternate BOARD MEMBERS ABSENT Stacey Young, Vice -Chairman Matt Rimiller COUNCIL LIAISON PRESENT Ken Hussey STAFF PRESENT Eric Barron, Senior Planner Diane Cary, Administrative Technician ATTENDANCE RECORD 2Of2 2of2 2of2 2of2 2 of 2 1 of 2 1 of 2 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, Katy Lacy, and Bob Gammon. Those wishing to speak to the Board were sworn in. 2. Procedures Explained Mr. 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, Lacy, Gammon 4. Approval of Minutes for the Regular Meeting of February 10, 2015 Mr. Graham moved and Ms. Lacy seconded to approve the minutes as written. The motion passed 5-0 with the following votes: Aye: Partee, Graham, Hake, Lacy, Gammon 1 Minutes/Jefferson City Board of Adjustment July 14, 2015 5. Communications Received No correspondence had been received. 6. New Business — Public Hearing Case No. B15002 — 2215 Missouri Boulevard; Drive Through Lane Setback Variance. Application filed by The RZW Group LLC, Property Owner, for a 19 feet variance from the drive through lane setback requirement of 20 feet to allow a 1 foot setback. The property is located on the south side of Missouri Boulevard 450 feet west of Heisinger Road and is described as part of the Southwest quarter of the Northeast quarter of Section 11, Township 44 North, Range 12 West, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Mr. Barron explained that the property consists of an existing retail strip mall with frontage on Missouri Boulevard. The property is zoned C-2 General Commercial. The proposed owner would like to add a drive through pick-up window on the southern side of the building to allow a drive through lane for a planned liquor store. Drive through lanes are required to be set back 20 feet from the neighboring property and the owner is requesting a variance from this requirement. The proposed drive through lane would set back approximately 10 feet from the neighboring property to the east for most of its distance, but would encroach into the setback area by 19 feet at the southeast corner of the building in order to accommodate the turn after the pick-up window. This store would occupy approximately 5,000 sf of the building and would generate approximately 25 vehicle trips in a peak hour. For comparison purposes, a typical fast food restaurant generates in excess of 100 peak hour vehicle trips. The dumpster enclosure located along the eastern property line at the rear of the building is planned to be relocated to the southern side of the property. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke representing the applicant. Charles Hake, the proposed property purchaser, was also in attendance. Mr. Bates stated that the property is commercial with 4 suites and has been known as the Wright Building. A pick-up window, not an order window, would be located at the southern part of the building to be used by the planned liquor store. Moderations would be made to allow for the flow of traffic. Mr. Bates feels that this has the potential of helping grow this business. The front businesses are easily seen, so having a pick-up window for the last business should help make that location more desirable. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the staff report of the required findings. He stated they appear to be met. The impact of a reduced setback for the proposed drive through lane on the neighboring property would be minimal. The expected traffic generation of a drive through lane for a liquor store business is low, especially when compared to high traffic neighboring uses such as restaurants. He stated that any future conversion of the drive through lane to serve a different type of use with a higher expected traffic impact should be grounds for reconsideration of any variance that is granted. Mr. Graham made a motion to approve a variance of 19 feet from the setback requirement for drive through lanes of 20 feet in order to allow a drive through lane 1 foot from the side property line, with the following condition: 2 Minutes/Jefferson City Board of Adjustment July 14, 2015 1. Conversion of the drive through lane to serve a more intensive use (such as a drive through restaurant) is not permitted. Mr. Hake seconded the motion. Discussion followed. The Board then came to an agreement to amend the motion. Mr. Graham moved to amend the motion to remove the condition that was attached that stated "Conversion of the drive through lane to serve a more intensive use (such as a drive through restaurant) is not permitted." Mr. Hake seconded. Then the motion for approval a variance of 19 feet from the setback requirement for drive through lanes of 20 feet in order to allow a drive through lane 1 foot from the side property line (with no conditions) was called. The motion passed 5-0 with the following votes: Aye: Partee, Graham, Hake, Lacy, Gammon 7. Miscellaneous Reports. There were no miscellaneous reports. 8. Other Business There was no other business. 9. Adjournment With no other business Chairwoman Partee adjourned the meeting at 8:15 a.m. Respectfully submitted, Diane Cary Administrative Secretary 3