HomeMy Public PortalAbout2017-02-14 minutesMINUTES
JEFFERSON CITY BOARD OF ADJUSTMENT
February 14, 2017
BOARD MEMBERS PRESENT
Paul Graham
Andrew Hake, Vice Chair
Katy Lacy
Stacey Young, Chairwoman
Robert Gammon, Alternate
Brad Schaefer, Alternate
Michael Harvey, Alternate
ATTENDANCE RECORD
3 of 3
3 of 3
3 of 3
3 of 3
2 of 3
3 of 3
1 of 1
BOARD MEMBERS ABSENT
Matt Rimiller 1 of 2
COUNCIL LIAISON PRESENT
Ken Hussey
STAFF PRESENT
Sonny Sanders, Interim Director, Planning and Protective Services
Eric Barron, Senior Planner
Bryan Wolford, Associate City Counselor
Anne Stratman, Administrative Assistant
1. Call to Order and Introduction of Members, Ex -Officio Members and Staff
Chairwoman Young 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: Gammon, Graham, Hake, Lacy, and Young. Those wishing to speak to the
Board were sworn in.
2. Procedures Explained
Chairwoman Young explained the procedures of the meeting. Mr. Barron entered the following
documents 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
Mr. Graham moved and Ms. Lacy seconded to adopt the agenda as printed. The motion passed
5-0 with the following votes:
Aye: Gammon, Graham, Hake, Lacy, Young
4. Approval of Minutes for the Regular Meeting of January 10, 2017
Mr. Graham moved and Ms. Lacy seconded to approve the minutes as printed. The motion
passed 5-0 with the following votes:
Aye: Gammon, Graham, Hake, Lacy, Young
5. Communications Received
No correspondence was received.
Minutes/Jefferson City Board of Adjustment Page 2
February 14, 2017
6. New Business — Public Hearing
Case No. B17002 — 3519 Bennett Lane; Lot Frontage Variance. Application filed by F&F
Development LLC, property owner, for a variance from the requirement that all lots have frontage
upon a dedicated public street (Section 35-50.C.1). The purpose of the request is to permit the
transfer of approximately 2 acres of property to HALO Foundation. The property is located on
Bennett Lane 1500 feet south of Christy Drive and is described as part of the NE Quarter of the
SE Quarter of Section 26, Township 44 North, Range 12 West, Jefferson City, Missouri (Central
Missouri Professional Services, Consultant).
Mr. Barron described the proposal and explained that this property consists of the former
Rickman Center conference and retreat facility, which has been converted into a residential housing
facility for homeless youth and operated by the HALO Foundation. He stated that the property
owner, F&F Development LLC, wishes to donate the building and surrounding grounds to HALO,
but retain the remainder of the property. Mr. Barron explained that due to the location of the facility,
the donated ground would not have direct connection to public right of way but would be served by
an access easement across the existing private driveway/roads that serve the property. He stated
that the Zoning Code requires that all Tots have street frontage. Mr. Barron explained that street
frontage is necessary in order to ensure that a property has vehicular access as well as access to
necessary utilities. He stated that the property proposed for transfer to HALO consists only of two
(2) acres within the 125+ acre property, and the platting of a road through the property to serve the
HALO building might affect later use or development of the property. Mr. Barron explained that
also, the HALO tract would have utility and ingress/egress easements put in place with the transfer
of the property. He clarified that the Rickman Center was purchased as part of a much larger tract.
Mr. Graham commented that the reason the case was filed is because the two (2) acres is not
fronted on a public road. He inquired of which part of the 125+ acres fronts on a public road other
than Christy Drive. Mr. Barron explained that the 125+ acres fronts on Christy Drive however it also
has access to Southwood Hills Road.
Mr. Graham commented that the entire 125+ acres suffers from the same disability as of the two
(2) acres. He stated that there is very little public road fronting any part of that property.
Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke
regarding this request. Mr. Samson distributed a visual showing the proposed HALO Tract. Mr.
Samson explained that the Board granted a conditional use permit to operate a homeless shelter
for teenage girls in 2016. He stated that after receiving approval for the conditional use permit, F&F
Development has made extensive renovations to the former Rickman Center facility. Mr. Samson
explained that the first tenants occupied the facility earlier this year. He stated that the final step in
the development of the former Rickman Center is the donation of approximately two acres from
F&F Development to the HALO Foundation. Mr. Samson explained that the overall property is
approximately 127 acres of which two acres will be transferred to the HALO Foundation. He stated
that the purpose of the proposal is to request a variance of the frontage requirement for a lot. Mr.
Samson explained that if we were strictly to follow the code we would be required to create a flag
lot that would create frontage along the north side of Christy Drive. He stated that if we were to do
that it would unfortunately create an unfunded liability for the HALO Foundation, which is a nonprofit
entity, for the maintenance of that road. Mr. Samson explained that accessing Bennett Lane along
that private drive is a vacant building that formerly held the Rickman Center offices, as well as, a
home that was used by the caretaker of the Rickman Center. He stated that those two buildings
currently use Bennett Lane. Mr. Samson explained that along with the transfer of the property an
easement would be created along Bennett Lane that would give them access along that private
drive, as well as, a sanitary sewer easement along the north and east side of the property that
would go down to an existing city sanitary sewer that was recently constructed. He stated that the
sewer line for the building is currently in place, as well as, any other easements for utilities from the
previous use. Mr. Samson explained that there are currently no plans for the remainder of the
property at this time. He stated that as time progresses and if they find other potential uses for the
property, there is the possibility that Bennett Lane could be upgraded to city standards and could be
Minutes/Jefferson City Board of Adjustment Page 3
February 14, 2017
dedicated as a public street right-of-way. He clarified that with the current two uses F&F
Development is responsible for the maintenance on Bennett Lane as needed.
Mr. Barron followed up on Mr. Graham's question and inquired of Mr. Samson whether F&F
Development owns the strip of land going to Idlewood Drive. Mr. Samson explained that by
reviewing the title work he believes that F&F Development has title to the 60 foot wide strip of land.
He stated that the right-of-way situation along Idlewood Drive and the connection of the 60 foot strip
is still in question.
Chairwoman Young swore in Mr. Tom Allen in order to hear his testimony.
Mr. Tom Allen, 909 Cedar Bluff Drive, spoke regarding this request and asked for clarification of
how many acres was being donated to the HALO Foundation and several other questions relating
to the prior conditional use permit issued for the HALO use.
No one spoke in opposition to this request and no correspondence was received.
Mr. Barron gave the Planning Division staff report and explained that the required findings appear
to be met. He explained that the easements for utilities and ingress/egress would be granted to the
property and the variance would have little effect on surrounding property.
Mr. Graham inquired whether the use of the two acres will change on the basis of the Board's
action today. Mr. Barron explained that the use is governed by the conditional use permit and would
not be changing as a result of the variance. Mr. Barron explained that the Board is being asked to
approve the variance that would permit the division of the property, not the actual transfer,
ownership, or use of the property.
Mr. Graham moved and Ms. Lacy seconded to approve the requested variance from the street
frontage requirement. The motion passed 4-1 with the following roll call vote:
Aye: Gammon, Hake, Lacy, Young
Nay: Graham
7. Miscellaneous Reports.
None.
8. Other Business.
None.
9. Adjournment
With no other business the meeting was adjourned at 8:00 a.m.
R
tfully submitted
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Anne Stratman
Administrative Assistant