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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 3rdstil/0-4--\ Anne Stratman Administrative Assistant