HomeMy Public PortalAbout2017-04-11 minutesMINUTES
JEFFERSON CITY BOARD OF ADJUSTMENT
April 11, 2017
BOARD MEMBERS PRESENT
Andrew Hake, Vice Chair
Katy Lacy
Stacey Young, Chairwoman
Matt Rimiller
Robert Gammon, Alternate
Brad Schaefer, Alternate
ATTENDANCE RECORD
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4 of 4
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2 of 3
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BOARD MEMBERS ABSENT
Paul Graham 3 of 4
COUNCIL LIAISON PRESENT
Ken Hussey
STAFF PRESENT
Sonny Sanders, 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, Hake, Lacy, Rimiller 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
Ms. Lacy moved and Mr. Hake seconded to adopt the agenda as printed. The motion passed 5-0
with the following votes:
Aye: Gammon, Hake, Lacy, Rimiller, Young
4. Approval of Minutes for the Regular Meeting of February 14, 2017
Mr. Hake moved and Ms. Lacy seconded to approve the minutes as printed. The motion passed
5-0 with the following votes:
Aye: Gammon, Hake, Lacy, Rimiller, Young
5. Communications Received
No correspondence was received.
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April 11, 2017
6. New Business — Public Hearing
Case No. B17003 — 824 Southwest Boulevard; Bufferyard Width Variance. Application filed
by David and Nancy Jaeger, property owner, on behalf of Joe Machens Capital City Ford,
applicant, for a 15 feet variance to the 25 feet bufferyard requirement on the western property line
to permit a 10 feet wide bufferyard consisting of a 6 feet tall privacy fence and row of evergreen
trees (Section 35-59, Bufferyard and Screening Standards). The property is located on the
northwest corner of Southwest Boulevard and Glenwood Drive and is described as part of lot 2
and all of lot 3 of Westwood Subdivision, Jefferson City, Missouri (Central Missouri Professional
Services, Consultant).
Mr. Barron described the proposal and explained that the Joe Machens Capital City Ford
dealership is planning a multi -phase construction project for their property, which includes a four
phase plan. He stated that the dealership is planning to acquire the subject property at 824
Southwest Boulevard, currently in use as an insurance office building, to use as additional vehicle
display area. Mr. Barron explained that a request to rezone the property from the existing RA -2
High Density Residential zoning to C-2 General Commercial, in order to permit the intended vehicle
display use, was recommended for approval by the Planning and Zoning Commission at their
March 9 meeting and is currently pending before the City Council, with a public hearing scheduled
for April 17. He stated that if the requested zoning is approved by the City Council, a Type C
bufferyard along the western property line, adjacent to the neighboring residential neighborhood,
would be required for conversion of the property to a vehicle sales lot. Mr. Barron explained that
several options exist for a Type C bufferyard, the minimum option consisting of a 25 feet wide strip
of property with medium canopy trees planted every 25 feet and a six feet tall fence. He stated that
creation of a bufferyard of the required width would be problematic, with the bufferyard consuming a
significant portion of the property and the terrain elevations between the commercial site and
adjacent residential homes largely negating the screening value of the bufferyard. Mr. Barron
explained that the dealership is therefore requesting a variance from the bufferyard width
requirement, with an increased density of trees, and use of evergreen trees rather than deciduous
(in addition to the required six feet tall screening fence) proposed in order to offset the decreased
bufferyard width. He stated that the 10 feet wide tree and fence bufferyard would extend north onto
the existing Joe Machens site and would transition to a segmental block retaining wall to
accommodate the terrain.
Mr. Hake inquired the zoning of the subject property. Mr. Barron explained that the applicant has
applied for a variance presuming that the subject property will be rezoned to C-2 General
Commercial. Should the Council not approve the rezoning this case is for naught. Nothing that is
decided by this Board would be applicable.
Mr. Hake expressed concerns over hearing a case on a presumption. I'm not sure we have that in
our best interest. Mr. Barron explained that we have moved prior cases through two separate
Boards at the same time.
Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke
regarding this request. Mr. Samson distributed a visual depicting the layout of the proposed
development. Mr. Samson explained the four phases of redevelopment for the entire property. He
stated that today's proposal only affects the very south side of the property line. Mr. Samson
explained that Joe Machen's Capital City Ford has a contract for the purchase of that property. He
stated that if the rezoning is not approved by the City Council the sales contract is void and the
redevelopment will be restricted to the property that Joe Machen's Capital City Ford currently owns.
Mr. Samson explained that the bufferyard is only for the property that the dealership is proposing to
purchase. He stated that the existing retaining wall will be removed and the existing parking lot will
be moved approximately 10 feet to the east. Mr. Samson explained that the developer will provide a
buffer of evergreen trees that will be closed spaced. He stated that six trees planted along
Glenwood Avenue will increase the buffer between the residential neighborhood and the display lot.
Mr. Samson explained that a six foot tall privacy fence will be installed and the tree buffer will be
planted directly behind the fence. He stated that the existing retaining wall located on the property
line would be removed and a grass slope will be put in. Mr. Samson explained that all access points
Minutes/Jefferson City Board of Adjustment Page 3
April 11, 2017
to Glenwood Drive would be eliminated. He stated that the ownership group has talked to several
affected property owners including the resident that resides at the corner of Glenwood Drive and
Parkway. Mr. Samson explained that the affected property owners have been very supportive of the
project and are excited to have the proposed buffer since there is not one currently in place.
Mr. Hussey left at 8:00 a.m.
No one spoke in opposition of 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 stated that the higher elevation of the adjacent residential property results in a lesser
screening value of a standard bufferyard and the minimal depth of the subject property (in
commercial standards) results in a larger impact a standard bufferyard would have on the usable
space. Mr. Barron explained that an increased density of trees would partially offset the reduced
bufferyard width and the variance would not create any obvious safety concerns.
Ms. Lacy moved and Mr. Rimiller seconded to approve the requested variance with the following
conditions:
1. Color of fence to be brown (or other suitable earth tone color, not white).
2. Variance subject to pending rezoning case before the City Council.
The motion passed 5-0 with the following votes:
Aye: Gammon, Hake, Lacy, Rimiller, Young
Case No. B17005 — 2011 Buehrle Drive; Side Setback Variance. Application filed by Tim and
Anna Schnieders, property owners, for a 5 feet variance to the side setback requirement of the
RS -2 zoning district of 10 feet to permit a side setback of 5 feet. The purpose of the request is to
expand an existing carport and enclose it to form a two car garage. The property is located on
the south side of Buehrle Drive 250 feet west of Edgewood Drive and is described as Lot 15 of
Buehrles Subdivision, Jefferson City, Missouri.
Mr. Barron described the proposal and explained that this property consists of a single family
residential home located within an established residential neighborhood. He stated that the property
owners desire to enclose an existing carport in order to create a two car garage. Mr. Barron
explained that the width of the existing carport is slightly less than necessary to accommodate two
vehicles, so an expansion of the structure by approximately 5 feet to the side would be necessary.
He stated that the existing structure is located approximately 12 feet from the side property line at
its closest point, and the addition would place the side of the structure within the 10 feet side
setback. Mr. Barron explained that in order to accommodate the proposed addition, the property
owners have applied for a variance to the side setback requirement.
Mr. Tim Schnieders, 2011 Buehrle Drive, spoke regarding this request and explained that they
propose to extend the carport and enclose the structure in order to create a two car garage. He
stated that this will improve property values. Mr. Schnieders explained that they have talked to the
adjacent property owners who are in support of this proposal. He stated that the adjacent property
owners have deep backyards and this proposed development will not cause any adverse impact.
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 stated that the setback variance is requested in order to create a two vehicle garage,
a common feature within the neighborhood. Mr. Barron explained that the side property line sits at
an angle to the existing structure, which is partially responsible for the setback issue. He stated that
the adjacent property is in use as rear yard area, and the adjacent house sits nearly 140 feet from
the subject property line. Mr. Barron explained that the setback variance would not create any
obvious safety concerns or major impacts on property value.
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April 11, 2017
Mr. Hake moved and Mr. Rimiller seconded to approve requested variance of 5 feet from the
standard 10 feet side setback of the RS -2 district to permit a side setback of 5 feet. The motion
passed 5-0 with the following votes:
Aye: Gammon, Hake, Lacy, Rimiller, Young
7. Miscellaneous Reports.
None.
8. Other Business.
None.
9. Adjournment
With no other business the meeting was adjourned at 8:16 a.m.
Re ctfully submitted,
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Anne Stratman
Administrative Assistant