HomeMy Public PortalAbout2016-05-17 packet Notice of Meeting &Tentative Agenda
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Jefferson City Board of Adjustment
Tuesday, May 17, 2016, 7:30 a.m.
John G. Christy Municipal Building, 320 East McCarty Street
Council Chambers
All interested parties will be given a chance to be heard.
TENTATIVE AGENDA
1. Call to Order and Introduction of Members, Ex-Officio Members and Staff
2. Procedural Matters and Procedures Explained
3. Adoption of Agenda (as printed or reordered)
4. Approval of Minutes for the Regular Meeting of March 8, 2016
5. Communications Received
6. New Business Public Hearings
Case No. 616002 — 415 Marshall Street; Side Setback Variances. Application filed by River
City Habitat for Humanity, property owner, for the following:
1. A variance of 8 feet from the 10 feet side setback requirement to allow a side setback of
2 feet on the south side of the property(Section 35-51).
2. A variance of one feet from the driveway setback requirement of 2 feet to allow a
driveway one feet from the north property line. (Section 35-58.6.b).
The purpose of the request is to construct a single family home on the vacant lot with driveway
beside the home. The property is located on the east side of Marshall Street 125 feet north of
Miller Street and is described as lot 3 of Coxs Subdivision, Jefferson City, Missouri.
7. Miscellaneous Reports
8. Other Business
9. Adjourn
Individuals should contact the ADA Coordinator at(573)634-6570 to request accommodations or
alternative formats as required under the Americans with Disabilities Act. Please allow three business
days to process the request. Please call 573-634-6410 for information regarding agenda items.
MINUTES
JEFFERSON CITY BOARD OF ADJUSTMENT
March 8, 2016
BOARD MEMBERS PRESENT ATTENDANCE RECORD
Wilma Partee, Chairwoman 5 of 5
Stacey Young, Vice-Chairman 3 of 5
Andrew Hake 5 of 5
Robert Gammon, Alternate 4 of 5
Brad Schaefer, Alternate 3 of 3
BOARD MEMBERS ABSENT
Paul Graham 3 of 5
Matt Rimiller 3 of 5
Katy Lacy, Alternate 3 of 5
COUNCIL LIAISON
Ken Hussey
STAFF PRESENT
Eric Barron, Senior Planner
Bryan Wolford, Associate City Counselor
Diane Cary, Administrative Technician
1. Call to Order and Introduction of Members, Ex-Officio Members and Staff
Chairwoman Partee called the meeting to order at 7:30 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, Andrew Hake, Robert Gammon, and
Brad Schaefer. 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 the 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, Gammon, Schaefer
4. Approval of Minutes for the Regular Meeting of December 8, 2015
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, Gammon, Schaefer
Minutes/Jefferson City Board of Adjustment Page 2
March 8, 2016
5. Communications Received
There was none.
6. New Business—Public Hearing
Case No. B16001 — 604 Jefferson Street; Signage Variance. Application filed by Jefferson
City Coca-Cola Bottling Company, property owner, Jacob Vogel, authorized representative, for
the following:
1. A variance from the prohibition of roof mounted signs (Section 3-5.A.11).
2. A variance from the maximum sign area to permit a building mounted sign size of
568 square feet (Section 3-4.A.1).
The purpose of the request is to permit the modification of an existing nonconforming roof
mounted sign with an electronic message center. The property is located at the southwest
corner of Jefferson Street and Highway 50/63 and is described as Inlots 804 and 805 and part
of Inlots 803 and 806, Jefferson City, Missouri (Piros Signs, Consultant).
Mr. Barron explained that the subject property is zoned C-2 General Commercial and that there
is a sign that is located on the property that has been maintained as a community informational
billboard for many years. Mr. Barron explained that the existing sign is nonconforming because
it is a roof mounted sign and the sign area exceeds the permitted area. Mr. Barron explained
that to change the information on the sign causes a safety concern of having to climb on the
roof to change the lettering, and the owner would like to change this sign into an electronic
message center in order to avoid having to manually change the letters.
Mr. Barron explained that the size of the sign is approximately 568 sf, and the portion of the sign
devoted to permanent Coca-Cola advertising is approximately 200 sf, which, except for the
community information portion of the sign, is compatible with normal signage regulations.
because the sign as a whole is nonconforming, the sign would require a variance in order to be
eligible for the modification associated with the addition of an electronic message center.
Carl Vogel, 311 Constitution Dr, applicant, explained that the building that has the sign mounted
on top of it was constructed in 1942 and the roof has been repaired and recently replaced
because of wear and tear from people getting on the roof to change the messages on the sign
or for fund raisers. Changing the sign into an electronic message center would help protect the
roof and help save money in the long run.
Joe Philips, consultant with Piros Signs, 1818 Old State Road M, Barnhart, Missouri. Mr. Philips
explained that the electronic reader board will be 8' x 16' on the existing structure. The new
electronic board will reduce weight on the structure, reduce wear and tear on the roof, and will
reduce liability of hazard because people will not have to get on the roof to change the
messages. The sign will be designed to be bright during the day and then go 10% dim during
the evening so it will not cause light distraction.
After all questions were answered testimony closed.
Mr. Barron stated that the required findings for the proposed signage variances appear to be
met. The sign has been in place for many years and is primarily used for posting dates and
information for community events. The location of the sign would have little effect on adjacent
properties due to the significant separation distance between buildings and presence of the
highway. The sign is located on the south side of Highway 50/63 and would not obstruct
significant views or vistas of the Capitol or downtown Jefferson City and the location of the
proposed sign would not obstruct the view of traffic.
Minutes/Jefferson City Board of Adjustment Page 3
March 8,2016
Ms. Young combined the two motions and moved for approval of the variance of the prohibition
on roof mounted signs and for approval of the variance of 368 square feet from the maximum
sign size of 200 square feet to permit a sign size of 568 square feet. Seconded by Mr. Hake.
After discussion, vote was taken.
The motion passed 5-0 with the following votes:
Aye: Partee, Young, Rimiller, Hake, Schaefer.
7. Miscellaneous Reports.
There were none.
8. Other Business.
There was none.
9. Adjournment
With no other business Chairwoman Partee adjourned the meeting at 8 a.m.
Respectfully submitted,
Diane Cary
Administrative Technician
Jefferson City
Board of Adjustment
May 17, 2016
Case No. 616002
River City Habitat for Humanity
415 Marshall Street
Side Setback Variance
STAFF REPORT
BOARD OF ADJUSTMENT—CITY OF JEFFERSON,MISSOURI
May 17,2016
Case No. B16002 — 415 Marshall Street; Side Setback Variances. Application filed by River
City Habitat for Humanity,property owner, for the following:
1. A variance of 8 feet from the 10 feet side setback requirement to allow a side setback of 2
feet on the south side of the property(Section 35-51).
2. A variance of one feet from the driveway setback requirement of 2 feet to allow a driveway
one feet from the north property line. (Section 35-58.6.b).
The purpose of the request is to construct a single family home on the vacant lot with driveway
beside the home. The property is located on the east side of Marshall Street 125 feet north of Miller
Street and is described as lot 3 of Coxs Subdivision,Jefferson City,Missouri.
PUBLIC NOTICE
By publication in the newspaper, letter to adjacent and affected property owners within 185 feet,
and by property sign posting.
NATURE OF REQUEST
This property consists of a vacant lot in an RA-2 High Density Family Residential zoning district.
A residential duplex that had existed on the property for many years was demolished in 2012. The
lot is 40 feet wide. The side setback requirement for the RA-2 zoning district is 10 feet and the side
setback for residential driveways is 2 feet. River City Habitat for Humanity has acquired the
property and would like to construct a 28 feet wide house on the property with driveway beside the
house.
ZONING AND SURROUNDING LAND USE
The subject property is zoned RA-2 High Density Residential.
Surrounding Zoning Surrounding Uses
North RA-2 Single Family Residential
South RA-2 Single Family Residential
East RA-2 Drainage Structure/Greenway/SF Residential
West RA-2 Middle School
STAFF ANALYSIS
The property is 40 feet wide, which is less than the standard minimum lot width of 60 feet for the
RA-2 district. The rear of the property is rather steep, dropping approximately 20 feet over a
distance of 60 feet.
The side setback for this property would be calculated as an average of the existing side setbacks
along the street (rather than the standard 10 feet) setback, and has been calculated by the Planning
Division staff as approximately 8 feet. The standard minimum side setback for a residential
driveway is 2 feet.
In order to preserve the character of existing streetscapes, Planning Division staff encourage the
construction of houses along existing build lines of streets and also with driveways to the side
(rather than in front of)the house. In this case, the width of the lot makes it problematic to develop
the property in this manner because of setback requirements. Construction of a house according to
the setback requirements would result in a house with a maximum width of 24 feet with the
driveway in front of the house, which would shift the house behind the existing build line along the
street and result is a rather steep backyard.
In order to permit the construction of a standard size house floorplan used by Habitat for Humanity
at the existing build line along the street, with driveway to the side of the house, Habitat is
requesting setback variances for the house and driveway.
Case No.B16002 Page 2
Board of Adjustment May 17,2016
FINDINGS REQUIRED
Please refer to the handout provided for the required General Findings and Specific Findings. The
applicant has provided responses to the required findings. In reviewing this case, the Board may
wish to consider the following questions:
1. Are there any practical difficulties unique to this property which under strict and literal
adherence to the provisions of the zoning regulations would cause the applicant an unnecessary
hardship?
2. Would the appearance and value of surrounding properties be damaged if the variance is
granted?
Finding Yes No Comments
Not eliminate an adequate supply of light or X The neighboring house to the south is located 9
air to adjacent property. feet from the property line. The requested
variance would result in an 11 feet separation
between the two houses.
Not substantially increase congestion in the X The requested variance would allow for parking
public street. of two vehicles in the driveway. The requested
variance would not increase congestion on the
street.
Not increase the danger of fire or endanger X The requested variance would retain an 11 feet
the safety of the public. separation between structures on the south side
and 13 feet separation on the north side.
Not be unduly injurious to the use and X The proposed location of the house and driveway
enjoyment of adjacent property. on the property is more compatible with adjacent
site designs than what would be permitted by
existing setbacks.
Not substantially diminish property values X The variance would allow for driveway access on
in the neighborhood. the side of the house and the arrangement of the
house on the lot would be similar to other houses
on Marshall Street, many of which have setbacks
less than current Zoning Code requirements.
Be in keeping with the general spirit and X The requested variance addresses the difficulty of
intent of the zoning code. locating an appropriately sized house with
driveway on an undersized lot.
STAFF RECOMMENDATION
The required findings appear to be met. The setback variance is requested in order to address site
design issues associated with existing lot width. The impact of a reduced setback for the house
would have a minimal impact on surrounding property and would result in a site design similar in
nature to the existing houses on Marshall Street.
FORM OF MOTION
1. Motion for approval of the requested variance of 8 feet from the standard 10 feet side
setback of the RA-2 district to permit a side setback of 2 feet on the south side of the lot.
2. Motion for approval of the requested variance of 1 feet from the standard 2 feet setback for
residential driveways to permit a driveway setback of 1 feet on the north side of the lot.
City of Jefferson Board of Adjustment
LOCATION MAP
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Case No. B16002 IMMIIIMI A
415 Marshall St W --.0.9'- E
Side Setback Variances
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City of Jefferson Board of Adjustment
VICINITY
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Case No. B16002 - - /
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Side Setback Variances r
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e ice`• City of Jefferson Date filed:
/� 1 , vtu,,. ,: Department of Planning&Protective Services
r 320 E.McCarty Street
Jefferson City,MO 65101
#1, % Phone:573-634-6410
jcplanninqftjeffcitymo.orq
www.jeffersoncitymo.gov
APPLICATION TO THE BOARD OF ADJUSTMENT
1. The undersigned hereby request(s) the following:
❑ Conditional Use Permit(Section 35-73A; Section 35-71, Site Plan)
n Variance (Section 35-73B; Section 35-71, Site Plan)
❑ Appeal of Administrative Decision (Section 35-73C)
ElChapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit
n Chapter 8, Article V, Flood Hazard Regulations; Variance to Flood Hazard Regulations
n Other(including Interpretations; please describe in#2 below)
2. Describe exactly the type of project proposed or what is being requested and the purpose of
the request. Cite affected Section numbers if known (or attach separate sheet).
Request a change in set backs to the following. Right side of house 2',
set back of 1' from property line to driveway and a 9' drive along the house.
3. The application is filed for the following described real estate: (the correct legal description of
the property must be printed below or attached to this application).
A. Street Address: 415 Marshall
B. Property Description: See attached
4. A site plan in accordance with Section 35-71 is required for conditional use permits and
variance applications. A "sketch" site plan may be required for other applications such as
conditional use sign applications.
5. Filing fee: A check payable to the "City of Jefferson" for the application filing fee must be
attached to this application. The applicable filing fee is identified in Appendix Y.
6. Response to Required Findings: Applicant responses to required findings must be
attached. The required findings vary based on type of application as follows:
a. Setback, lot area or dimension variance—Addendum A(Density and Dimensional)
b. Height variance—Addendum B
c. Fence height variance—Addendum C
d. Number of parking spaces variance—Addendum D
e. Location of off street parking variance—Addendum E
f. General Variance (variances not associated with other addendums)—Addendum F
g. Conditional use permit—Addendum G
h. Telecommunication facility conditional use permit—Addendum H
i. Signage:
1. Signage variance—Addendum I
2. Conditional use sign permit—Addendum J
j. Appeals of administrative decision—Addendum K
(continued on next sheet)
7. The undersigned certify to be all of the owner(s) of the above described property and
that the submitted information (including all attachments to this application) is true
and correct. (All owners of this property must sign and the signatures must be
6,.."o rued).
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Property Owner Signature Printed Name/Title(type or print)
Property Owner Signature Printed Name/Title(type or print)
Subscribed gnd sworn befor tthhis ' day of , a-OHP
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Applicant(if different from property owner):
Name Kyle Kittrell
Mailing Address 1420 Creek Trail Drive, Jefferson City, MO 65109
Phone Number 573-353-3662
Specific information may be required depending upon type of application. Please refer to the appropriate
Chapter. Other permits,including building permits and sign permits may be required in addition to Board
actions. Please seek advice of City staff or your consultant,if applicable.
Individuals should contact the ADA Coordinator at(573) 634-6570 to request accommodations or alternative formats
as required under the Americans with Disabilities Act. Please allow three business days to process the request.
Jefferson City Board of Adjustment Application
Addendum A— Density and Dimensional Standards
To be used for variance requests dealing with setbacks, lot width, or lot area.
(Section 35-73.B.4.b and c.(1))
Property Address 415 Marshall
Applicant Name River City Habitat for Humanity, Kyle Kittrell
Provide responses to the following required findings. State all reasons for your answer and use
additional pages to complete your answer if necessary.
General Findings:
1. Would the proposed variance eliminate an adequate supply of light or air to the adjacent
property?
No it will not. This property is located on a hill across from Siminson 9th Grade
Center. Also there are not any lots behind the property. So the lot is open on the front
and back side. This allows for a clear area in both the front and back for light and air.
2. Would the proposed variance substantially increase congestion on the public street?
No it will not. This street only has houses on the east side with low volumes of traffic.
The family that will live there has one vehicle and will be able to use the driveway.
3. Would the proposed variance increase the danger of fire or endanger the safety of the
public?
No it will not. Marshall has easy access for fire vehicles and driveway can be used
for access to the back.
4. Would the proposed variance be unduly injurious to the use and enjoyment of the
adjacent property?
No it will not. The variance will not result in any increased safety hazard. Based on
the duplex structure we removed from the property, this single family home will be a
significant improvement.
Jefferson City Board of Adjustment Application
Addendum A—Density and Dimensional Standards Page 2
5. Would the proposed variance substantially diminish property values in the
neighborhood?
No it will not. This house will appraise equal to or greater that the other houses along
the street.
6. Would the proposed variance be in keeping with the general spirit and intent of the
Zoning Code?
Yes is does. It is difficult to build in the City on these small 40ft wide lots without
some variances. This house will be build to the same standard as other Habitat for
Humanity homes. To accomplish this the variances are needed.
Specific Findings:
1. Are there practical difficulties associated with the premises which under strict and literal
adherence to the provisions of this chapter would cause an unnecessary hardship?
Without these variances a home can not be build on this site.
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Case No. B16002
415 Marshall Street
Side Setback Variance
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Case No. B16002 MAIN FLOOR PLAN SQUARE FOOTAGE
415 Marshall Street SCALE,1/4"•P-0" Main Floor: 858 SQ. FT,
Side Setback Variance Basement Floor: 558 50. FT.
Total: 1416 SQ. FT.;
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of Jefferson �'". ..� + ,
- Carrie Tergin, Mayor
Department of Planning 8 Protective Services Janice McMillan,AICP,Director
320 E.McCarty St. CV' g Phone:573-634-6410
Jefferson City, MO 65101 ;;; Fax: 573-634-6562
May 3, 2016
Dear Property Owner:
This letter is to notify you that the Jefferson City Board of Adjustment will meet at 7:30 a.m. on the
morning of Tuesday, May 17, 2016 in the Council Chambers of the John G. Christy Municipal Building,
320 E. McCarty Street, to consider the following item of business:
Case No. B16002 — 415 Marshall Street; Side Setback Variances. Application filed by River City
Habitat for Humanity, property owner, for the following:
1. A variance of 8 feet from the 10 feet side setback requirement to allow a side setback of 2 feet on
the south side of the property (Section 35-51).
2. A variance of one feet from the driveway setback requirement of 2 feet to allow a driveway one
feet from the north property line. (Section 35-58.6.b).
The purpose of the request is to construct a single family home on the vacant lot with driveway beside the
home. The property is located on the east side of Marshall Street 125 feet north of Miller Street and is
described as lot 3 of Coxs Subdivision, Jefferson City, Missouri.
As an adjoining landowner and/or neighbor, you have the privilege of attending this hearing.
Unfortunately, we are unable to record comments received by telephone, but written comments will be
made part of the official record. Written comments may be directed to the Board of Adjustment in one of
the following ways:
e-mail: jcplanning@jeffcitymo.org
fax: Department of Planning & Protective Services, Planning Division, 573-634-6457
mail: Department of Planning & Protective Services/ Planning Division
John G. Christy Municipal Building, 320 E. McCarty Street, Jefferson City, MO 65101
Written comments must be received before 5:00 p.m. Monday, May 16, 2016 and will be copied and
distributed to Board members at the meeting. Correspondence and other items received at the time of
the meeting will be included in the official record, but may be delivered to the Chairman only; there is no
guarantee that copies will be made for distribution to all Board members. Interested parties who are
unable to provide written comment in advance are invited to deliver their comments to the Board
Chairman at the time of the meeting.
Information regarding this case may be viewed on the Board of Adjustment webpage at:
http://www.jeffersoncitymo.gov/pps/planning/boardofadjustment.html
If you have any questions concerning this matter, please feel free to contact me at 573-634-6475.
Sincerely,
Eric Barron, AICP
Senior Planner
Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or
alternative formats as required under the Americans with Disabilities Act. Please allow three business
days to process the request.
Jefferson City Board of Adjustment Page 1
Property Owner List
Case No. B16002 415 Marshall Street May 17, 2016
JEFFERSON CITY SCHOOL DISTRICT WALDON, TAHTIANA&
315 E DUNKLIN ST LANE, CHRISTOPHER M
JEFFERSON CITY, MO 65101 419 MARSHALL ST
506 MARSHALL ST JEFFERSON CITY, MO 65101
501 E MILLER ST 419 MARSHALL ST
SIEBENECK, MARY JANE NEW VISIONS INVESTMENTS L L C
610 E MCCARTY ST PO BOX 104656
JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65110-4656
610 E MCCARTY ST 421 MARSHALL ST
GORMAN, MICHAEL J &CYNTHIA A CASTILLO, LISA
1829 RABBIT RUN CT GALBREATH, DONALD J
HOLTS SUMMIT, MO 65043 3249 FROG HOLLOW RD
608 E MCCARTY ST JEFFERSON CITY, MO 65109
615 SCHOOL ST
CITY OF JEFFERSON 617 SCHOOL ST
320 E MCCARTY ST
JEFFERSON CITY, MO 65101 DOWNS, JIMMY D& E JANE
606 E MCCARTY ST PO BOX 1995
600 E MCCARTY ST LAKE OZARK, MO 65049
621 SCHOOL ST
CAPITAL CITY PROPERTIES L L C
5502 WARDSVILLE RD RAINS, LARRY
JEFFERSON CITY, MO 65101 1883 NW 255
602 E MCCARTY ST KINGSVILLE, MO 64061
623 SCHOOL ST
ROMAN, JAY A
409 MARSHALL ST CITY OF JEFFERSON
JEFFERSON CITY, MO 65101 PARKS& RECREATION COMMISSION
409 MARSHALL ST 320 E MCCARTY ST
JEFFERSON CITY, MO 65101
LOVE, JOAN SCHOOL ST
232 BOONVILLE RD 620 E MILLER ST REAR
JEFFERSON CITY, MO 65109
411 MARSHALL ST SMITH, LELAND G & HALLIE W (D/C)
620 SCHOOL ST
DEGRACE, THOMAS JEFFERSON CITY, MO 65101
900 MONTANA ST 620 SCHOOL ST
JEFFERSON CITY, MO 65109
413 MARSHALL ST E P B ENTERPRISES L L C
206 E FRANKLIN ST
RIVER CITY HABITAT FOR HUMANITY JEFFERSON CITY, MO 65101
1420 CREEK TRAIL DR 622 SCHOOL ST
JEFFERSON CITY, MO 65109
415 MARSHALL ST(Subject Property)
Jefferson City Board of Adjustment Page 2
Property Owner List
Case No. B16002 415 Marshall Street May 17, 2016
MACK, YVONNE
612 E MILLER ST
JEFFERSON CITY, MO 65101
612 E MILLER ST
LOGAN, HELEN
608 E MILLER ST
JEFFERSON CITY, MO 65101
608 E MILLER ST
NEW VISIONS INVESTMENTS L L C
PO BOX 104656
JEFFERSON CITY, MO 65110-4656
501 MARSHALL ST
N
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Case No. B16002 s
415 Marshall St
Side Setback Variances 0 40 80 160 240 azo
Feet
185 ft. Notification Buffer
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