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Home My Public Portal About2017-04-11 packet Notice of Meeting &Tentative Agenda to.4 lel ii ! H♦ r .4 !IOW= ,,...ogoLti7 Jefferson City Board of Adjustment Tuesday, April 11, 1017, 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 February 14, 2017 5. Communications Received 6. New Business Public Hearings 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). 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. 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 February 14, 2017 BOARD MEMBERS PRESENT ATTENDANCE RECORD Paul Graham 3 of 3 Andrew Hake, Vice Chair 3 of 3 Katy Lacy 3 of 3 Stacey Young, Chairwoman 3 of 3 Robert Gammon, Alternate 2 of 3 Brad Schaefer, Alternate 3 of 3 Michael Harvey, Alternate 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 lots 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. Respectfully submitted, Anne Stratman Administrative Assistant Jefferson City Board of Adjustment April 11 , 2017 Case No. B17003 824 Southwest Boulevard Bufferyard Width Variance STAFF REPORT BOARD OF ADJUSTMENT—CITY OF JEFFERSON,MISSOURI April 11,2017 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). 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 The Joe Machens Capital City Ford dealership is planning a multi-phase construction project for their property, which includes construction of a new quick lane lube building and improvements to other existing buildings on both sides of Southwest Boulevard. The first phase of the project involves movement of the used vehicle sales area from the north side of the property (adjacent to Wears Creek) to the south side of the property. Several buildings located on the south side of the property would be demolished and the site paved for vehicle display space. 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. 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 May 11 meeting and is currently pending before the City Council, with a public hearing scheduled for April 17. 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. 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. 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. 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. 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. ZONING AND SURROUNDING LAND USE The subject property is zoned RD Medium Density Attached Residential. Surrounding Zoning Surrounding Uses North C-2 Vehicle sales dealership South RS-2 Single Family Residential East RA-2 Apartment Complex West RS-2 Single Family Residential Case No.B 17003 Page 2 Board of Adjustment April 11,2017 STAFF ANALYSIS The property sits at a lower elevation with respect to the neighboring residential neighborhood, with the result that the neighboring residences would have a view over any bufferyard screening installed along the property line. The property was originally platted as a residential property, and the residential home on the property was converted to a commercial office. The depth of the property (135 feet) and size of the property (0.25 acres) is less than would be typical for a commercial property, and a standard bufferyard would consume a larger portion of the site due to the minimal depth and size. The existing office parking lot extends to the property line, with no bufferyard in place between the office use and neighboring single family residential uses. The bufferyard trees are proposed to be increased in number (installed at a spacing of four feet for the length of the bufferyard) and would be located on the residential side of the fence (rather than on the commercial side as required by the zoning code). The neighboring residences should benefit from the view of the trees with screening fence behind them. Several trees are proposed along the Glenwood Drive frontage, which should result in a higher level of visual separation between this commercial use and the neighboring residential neighborhood. Staff recommend a fence color of brown or other earth tone color in order to better blend into the landscape. 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 property sits at an elevation air to adjacent property. above the subject site. The requested variance would not eliminate an adequate supply of light or air to the neighboring property. Not substantially increase congestion in the X The requested variance would have no effect on public street. street congestion. Not increase the danger of fire or endanger X The requested bufferyard width reduction would the safety of the public. not create a danger of fire or other obvious safety concern. Not be unduly injurious to the use and X The reduced width of the bufferyard is proposed enjoyment of adjacent property. to be offset by an increased density of trees in addition to the required 6 feet tall fence. Not substantially diminish property values X The higher elevation of the adjacent residential in the neighborhood. homes diminishes the screening effect of a standard bufferyard. A reduced bufferyard width would have a limited effect on the screening value of the bufferyard. Be in keeping with the general spirit and X The Zoning Code contains provisions for reduced intent of the zoning code. bufferyard widths in redevelopment situations and provisions for variations in bufferyard requirements where terrain negates the value of bufferyard features. The requested variance arises due to the redevelopment nature of the project and the terrain. Case No. B17003 Page 3 Board of Adjustment April 11,2017 STAFF RECOMMENDATION The required findings appear to be met. 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. An increased density of trees would partially offset the reduced bufferyard width and the variance would not create any obvious safety concerns. FORM OF MOTION Motion for approval of 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. City of Jefferson Board of Adjustment LOCATION MAP =---.__. � -- MISSOZRI BLVD_ _ Q .\, i ' :..--.71..iiiii - ".lar7•.--M, !-. . +! _.:,4,,,:71:41... 6� IIF o I ^� =�' ` .. . w• '. - '/ 4 • / .n -e rr rr W `�, '' �^ S' , :yam• Ia IS,., .. , - .. '. ' . t,+, _ , ..,. . . — i .. IL -t• lil , ;....2. ,. ......F,;.. .,.. .:.. -_-... . • IC- --AL,,- , 1 1�'dq ;;' • 'O 4 Pr, E ek-. _. DIX R•D--1 _ '1,-0,40. �.._ - r gig. 4. 0 AA. I - I•!__ t•s.0• ..11.:.� 4r.?** �Y ..- .t a 1 s _ ` ''�M1lM�rat-llN�i%� ,r 71 11 i (�\� . o T .-� - _ •Vit:.' RC ,,_ 1 11-,_.m..,. , _. ^ a .'P�; '1 '1 Al t.0$! ' q ,rt ..ern _ - ! � - _. •�. _ 3 ../"r `! f .�.•Via. �I - r-,_, --. -- -1,;;.:1--- _ ; : . , .,.. N ...1 - ir . PARKWA7.-__ ti - ; YD II I ._. • . . ._, _ 70 _ w . , .. OO OR -! O �•Lu � G4ENVJ = Rs"2 - rr .., • . ...:;,...,,, . _, _ . ___ r U . f //\, --''4%.144H.,... . . ,.. 7.,.... , , r- , ,.-:: IT .. �OO . - - 7' AM 1- 1:. -...,. �� err. 1 kr 1 g' ' 1: o 100 200 400 Feet N Case No. B17003 W _�� E Bufferyard Width Variance 824 Southwest Blvd S City of Jefferson Board of Adjustment VICINITY - \ 1 - --I -MISSpV ! RI-E LVD_, ---1 . J CO 14 1 w DIX-RD--_.2 r______„.. Ius i ______ _ _.. , , -1 TTT-Ii'T--\ ______.-1 ,, N PARKWAY-RD \ U / . "----1- --1.-- re w Q � Zi � F.. 00 U Gv O . aA .OO �O ----,_ L-----\ 0 100 200 400 Feet N Case No. B17003 - - 4 Bufferyard Width Variance W — F 824 Southwest Blvd f S 'le �`. City of Jefferson Date filed: `j. Department of Planning&Protective Services tikiLllk11,1, '= 320 E.McCarty Stn3et "` �� Jefferson City,MO 65101 • Phone:673-634-6410 icplanninpc ieffcitymo.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) E Variance (Section 35-738; Section 35-71, Site Plan) ❑ Appeal of Administrative Decision (Section 35-73C) ❑ Chapter 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). Variance to reduce the width of the required Type C Buffer from 25' to 10'. (Section 35-59) 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 Addess: 824 Southwest Blvd. B. Property Description: See Attached Description 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 notari - David W. Jaeger Property 0 gnatu Printed NamelTitle(type or print) Nancy L. Jaeger Properly ' er S ture Printed Nametle(type or print) Subscribed and sworn before me this / day of /' / ,(ZC�� , c •df 7 . Matt Wilde-Notary Publicn Notary Seal, State of -1/ z Missouri-Cole County Notary Public Commission#14570747 My Commission Expires 1/23/2018 Applicant(if different from property owner): Name 1Joe Machens Capital City Ford Mailing Address 1807 Southwest Blvd. Jefferson City, MO 65109 Phone Number 573-634-4444 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 F— General Variance To be used for variance requests not covered by the other addendums. (Section 35-73.B.4.b) Property Address 824 Southwest Blvd. Applicant Name Joe Machens Capital City Ford 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? The proposed variance will not eliminate adequate light or air to the adjacent property. Existing buildings that are within 5' of the property line will be removed and replaced with an open space vehicle display area. 2. Would the proposed variance substantially increase congestion on the public street? The proposed variance will not increase congestion. The proposed lot will be for pre-owned vehicle display. Two existing drive entrances will be removed. 3. Would the proposed variance increase the danger of fire or endanger the safety of the public? The proposed variance will have not affect the safety of the public. 4. Would the proposed variance be unduly injurious to the use and enjoyment of the adjacent property? The proposed variance will not be detrimental to adjacent properties. Removal of existing aged buildings, and gravel parking areas will improve the appearance of the area. The addition of a 6' tall privacy fence and densely spaced evergreen trees will provide a visual barrier to the adjacent properties. Jefferson City Board of Adjustment Application Addendum F—General Variance Page 2 5. Would the proposed variance substantially diminish property values in the neighborhood? The proposed variance should have no affect on property values. 6. Would the proposed variance be in keeping with the general spirit and intent of the Zoning Code? The proposed variance maintains the intent of the Zoning Code. The specifications for the required Type C buffer consist of 25' wide area planted with medium canopy trees at 25' spacing. The proposed variance, while reduced in width, will be planted with evergreens at 4' spacing. This will provide a more dense, year round visual barrier. VARIANCE DESCRIPTION 824 SOUTHWEST BLVD. The southerly 10 feet of Lot No. 2, and all of Lot No.3, Part 1, of Westwood Subdivision, in the City of Jefferson, Missouri, per plat of record in Plat Book 6, page 47, Cole County Recorder's Office; all of which is more particularly described as follows: Beginning at a point on the easterly line of said Lot No.2, which is 10 feet northerly from the southeasterly corner of said Lot;thence westerly parallel with the southerly line thereof,to the westerly line of said Lot No.2;thence southerly along the westerly line of Lots Nos. 2 and 3,to the southwesterly corner of said Lot No.3;thence northeasterly along the southerly line of Lot No.3, 133.60 feet,to the southeasterly corner thereof;thence northerly along the easterly line of Lots Nos. 3 and 2,85 feet,to the point of beginning. � a [}[ Iii �11i 1EY �: i Y :/ ili ll hi 41 aI ° 4 ill �t 14, 141:.1 F'.1 fi 1 8 '111111 11 1i i 11 1 11 /11:II 181 ` i I i II,1 giIq: Is4;t II I h Er, 0 11 I.; li I �11! e4:11111P , - 17 -• ;f gi III 1 j9 Is i 1 I in I£ij.,e II S ig , - if '$ - .T,: yyip 99 •I €',1+pe ac j 1 II 11: d II 3 q I 111 .11 I It I aI t. 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Fax: 573-634-6562 March 29, 2017 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, April 11, 2017 in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business: 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). 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, April 10, 2017 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.qov/pps/planninq/boardofadjustment.html If you have any questions concerning this matter, please feel free to contact me at 573-634-6475. Sincerely, 6371-tti 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. B17003 824 Southwest Boulevard April 11,2017 MCLARTY RELLC WASHINGTON, ANDY&JOLIN 425 W CAPITOL STE 3600 822 E PARKWAY RD LITTLE ROCK,AR 72201 JEFFERSON CITY, MO 65109 816 SOUTHWEST BLVD 822 E PARKWAY 820 SOUTHWEST BLVD PRICE, JOSEPH W JAEGER, DAVID W& NANCY L 824 E PARKWAY 824 SOUTHWEST BLVD JEFFERSON CITY, MO 65109 JEFFERSON CITY, MO 65109 824 E PARKWAY 824 SOUTHWEST BLVD (Subject Property) DOWNEY, MICHAEL P& MELINDA S HILL, JULIA FAY 1906 GLENWOOD DR 1808 GLENWOOD DR JEFFERSON CITY, MO 65109 JEFFERSON CITY, MO 65109 1906 GLENWOOD DR 1818 GLENWOOD DR DAHL, AHSLEY M SMITH, SANDRA A TRUSTEE 1905 GLENWOOD DR 823 E PARKWAY JEFFERSON CITY, MO 65109 JEFFERSON CITY, MO 65109 1905 GLENWOOD DR 823 E PARKWAY HAMACHER, JEROME B& MARILYN R TRUSTEES GIBSON, JAMES B JR& BONNIE F TRUSTEES 1901 GLENWOOD DR 2942 ROCK RIDGE RD JEFFERSON CITY, MO 65109 JEFFERSON CITY, MO 65109 1901 GLENWOOD DR 821 E PARKWAY HAKE, DANIEL H JR&JAMIE P MARTIN, CLIFFORD TYLER 1809 GLENWOOD DR MARTIN, AMANDA PEYTON JEFFERSON CITY, MO 65109 819 E PARKWAY 1809 GLENWOOD DR JEFFERSON CITY, MO 65109 819 E PARKWAY WILLIAMS, JOHN R&CARA M 828 SOUTHWEST BLVD MORRISON, ALAN J JEFFERSON CITY, MO 65109 ROBERTS, SONIA R 828 SOUTHWEST BLVD 1900 N PARKWAY JEFFERSON CITY, MO 65109 SCHNIEDERS, ROBERT J &JANET L 1900 N PARKWAY 830 SOUTHWEST BLVD JEFFERSON CITY, MO 65109 ATKINSON, MARILYN N &JAMES D III 830 SOUTHWEST BLVD 28793 FOXFIRE LN SHELL KNOB, MO 65747 NEELEY, ROBERT L SR& DOROTHY A 1901 N PARKWAY 832 SOUTHWEST BLVD JEFFERSON CITY, MO 65109 832 SOUTHWEST BLVD Jefferson City Board of Adjustment Page 2 Property Owner List Case No. B17003 824 Southwest Boulevard April 11, 2017 MCCORKLE, MICHAEL& DENISE 900 WESTWOOD DR JEFFERSON CITY, MO 65109 900 WESTWOOD DR DEVILLE I PROPERTIES L L C C/O MATTHEW L SAUCIER 839 SOUTHWEST BLVD JEFFERSON CITY, MO 65109 839 SOUTHWEST BLVD N A W -__SC r Case No. B17003 S Bufferyard Width Variance 824 Southwest Blvd 0 55 110 220 330 440 Feet 185 ft. Notification Buffer -,....,____________� DIX RD \ .-N‘ i / I 11111 r 4' 41, r .moi. rpir • /rir WI K / L / / /� o �, , /, F we , C2 0 el. w li w V ----i Lr . ri, , o�ix 0 O� —4 4 4 O �� <t:3\ WI Ilbr r �. 0 t. _ ti o Jefferson City Board of Adjustment April 11 , 2017 Case No. 817005 2011 Buehrle Drive Side Setback Variance STAFF REPORT BOARD OF ADJUSTMENT—CITY OF JEFFERSON,MISSOURI April 11,2017 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. 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 single family residential home located within an established residential neighborhood. The property owners desire to enclose an existing carport in order to create a two car garage. 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. 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. In order to accommodate the proposed addition, the property owners have applied for a variance to the side setback requirement. ZONING AND SURROUNDING LAND USE The subject property is zoned RS-2 Single Family Residential. Surrounding Zoning Surrounding Uses North _ RS-2 Single Family Residential South PUD Two Unit Residential (Duplexes) East RS-2 Single Family Residential West RS-2 Single Family Residential STAFF ANALYSIS The home was constructed in 1960 and the carport is original to the home. The home/carport sits at an angle to the side property line, with the rear corner of the existing structure being 15 feet from the property line and the front corner 12 feet from the property line. The adjacent property consists of rear yard area for a single family home fronting on Edgewood Drive, with a separation of nearly 140 feet between that home and the subject property line. There are no fences or other structures on the adjacent property in the vicinity of the setback variance request. 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? Case No. B17005 Page 2 Board of Adjustment April 11,2017 Finding Yes No Comments Not eliminate an adequate supply of light or X The setback variance request is minimal and the air to adjacent property. use of the adjacent property in the vicinity of the setback request is rear yard area. The effect on light and air should be negligible. Not substantially increase congestion in the X The requested variance would have no effect on public street. street congestion. Not increase the danger of fire or endanger X The setback request variance is minimal,and there the safety of the public. are no nearby structures on the adjacent property. Not be unduly injurious to the use and X The setback variance request is minimal, and the enjoyment of adjacent property. adjacent property is in use as rear yard area. The effect on the adjacent property should be minimal. Not substantially diminish property values X The character of development in the area would in the neighborhood. be unaffected, and the setback variance would permit the property an enclosed garage rather than open air carport. Be in keeping with the general spirit and X The structure sits at an odd angle to the property intent of the zoning code. line and the proposed variance results from the front corner of the existing carport being closer to the side property line than the rear corner of the carport. STAFF RECOMMENDATION The required findings appear to be met. The setback variance is requested in order to create a two vehicle garage, a common feature within the neighborhood. The side property line sits at an angle to the existing structure, which is partially responsible for the setback issue. The adjacent property is in use as rear yard area, and the adjacent house sits nearly 140 feet from the subject property line. The setback variance would not create any obvious safety concerns or major impacts on property value. FORM OF MOTION Motion for approval of the 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. City of Jefferson Board of Adjustment LOCATION MAP 'lir f. at- I,' c o • �¢.. ice �. . • 1 --- -- BUEHRLE DR — t RS-2 ,m ` Q m o ' C) a I 0 i.::)4 tas 11 II11 y t. II • : PUD e -STADIUM BL-VD F '�' 0 40 80 160 Feet N MMIIII Case No. B17005 W _�"-- E Side Setback Variance 2011 Buehrle Dr. S City of Jefferson Board of Adjustment VICINITY i S'MAPLEWOOD-CT i W EDGEWOOD DR __._ i i i � I A 1 1, I - H 0 ___ m - -• _, ___. 0 SWI TS-HWY o m -- f v I 70. o - 70 o —BUEHRLE-DR - i a MI \ A STADIUM-BLVD I 0 A ,o 'm ; \ - :coW MEMORIAL-DR~! -~ c - .._____J .,..._ -------, 0 100 200 400 Feet N I Case No. 617005 Side Setback Variance W &"- E 2011 Buehrle Dr. S pt.a_I / ,l' City of Jefferson Date Med: �`� � Department of Planning&Protective Services ,Yr 320 E.McCarty Street "" l " Jefferson City,MO 65101 1 ,$a / Phone:573-634-6410 jcplanninq(ajeffcitvmo.orq PR 1 3 2017 ' www.jeffersoncitymo.gov APPLICATION TO THE BOARD OF ADJUSTMEkT _ . ___._. 1. The undersigned hereby request(s)the following: n Conditional Use Permit(Section 35-73A; Section 35-71, Site Plan) Irl Variance(Section 35-73B; Section 35-71, Site Plan) I I Appeal of Administrative Decision (Section 35-73C) UChapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit 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). pvWel prbec-i- is fat,iiI j (ay port- ivitc A -uo0 Car 3arace 1,ve, are, Yet_u. ins R vdt'iQi,1t.G ft, c Lul-hie 5 pG Cf tb1` n �r0 pert. ascav �o'� has tt be_enlavcrc Few. . i �-e. �-�c, cic(min r�� i�cE. a �or b'qq�(Wale_�v 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). r , q A. Street Address: aOt lEiliehrLQ_)r• dCTI�V�bi1I�,tlL ifr� me ( s 1 B. Property Description:B LIQ.k f l e5 ; 0 ! 5 j Ih Li T U o t. C l Y N 1710 pev' l�lc� c ;-t(or cl tf;-, bco k 5 ; Pry _�l 9 CaL Co- Qe( brdw> Cff I 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 1 1 that the submitted information (including all attachments to this application) is true i I and correc �AII owners of this property must sign and the signatures must be rope I tar' d) / Owner Signature Printed Name/Title (type or print) 1171/14.4 ' . 5 cki-.,:c.,/.-, n no c... Sc6 n'►P Cd 1 VS Property Owner Signature Printed Name/Title (type or print) Subscribed and sworn before me this \ -) day of f �`'\ , -Lc L—1 . MELANIE K.BM Notary Public-Notary Seal ` '� e �� State of Missouri Commissioned for Osage County Notary ublic My Commission Expires:December 13,2019 Commission Number:15638889 — Applicant (if different from property owner): Name Mailing Address Phone Number 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)) 1 X0C Property Address I t�,e h r..e.�� C. t aC.I�I rr�VS�1�1 l,c� , r�P5[0� Applicant Name 1\ lm Ir}4'10. C• c,c)rl I e,di2 Ys 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? pro o Va r c r L,030.10:1 rIZYL e,1;m'1 nage CAr\ a d_4(Auts, St p� o t . ht or a t r a d c�u�-6pY o�Ytou , aau tlOuxhatbr. 's ,t5 pe en1 a � co & oFad�6ir ,t Ls whQre,vay t eo r?ein r� �s -ci , s such h 0 tit, cow royn«edtho . ro .p {� �e i-f�s 2. Would the proposed variance substantially increase congestion on the public street? fie. py opoSad Va tr 1 a ce. IS wee i n to a r ci at Cav port Q n d Lis rocF wain(v) - . rye ut r -PQR-J of cld u c,v,-5 ro perts . woct.ld r\e5 c rect .c,struts CO h sit � or ttbt te . C P 3. Would the proposed variance increase the danger of fire or endanger the safety of the public? . propose.] Vag'tah cQ U.MiA.W hod '� n crew dat,, r re or ex\dcwv .�C�fc c pubN L . -11&-e.- two ad j of 1 t r< pyope4-*yes effe e bo oseA Va t( t a n ce, h v-€ ho \ou,I I ds1� Y�� cAr�s �v �y pFC * of k Pv o pose`c1 caY po 4. Would the proposed variance be unduly injurious to the use and enjoyment of the adjacent property? Q P rop ooecVav woudl, \ n �ae un84.1 t r`juy-tos to us-c a h cl e kn S J-o erne r\-c �act a ' pyopexiAiLs o ad Qom, v r-�. � p �e owKe.rs how-e_ \i--e.An V e r b at a 9 re2 rn e_la± of 1:1k.e, \?„ropca_A Va tati�c5 . �1n c yive 5o ioN �>ah ow vv2 v3 0� a 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? • PvbposQJVG V lance. woW Y\ i s H ?YOpQY± 3 Va(W23 t-ke h-e\jhbor h o o d „ 1 n o' e., LV LlcLv1 r‘ 644 tWo{ 'Inc r c i e_ popd pyopkrilj vcd,W2S t �A hbcrhooc . 6. Would the proposed variance be in keeping with the general spirit and intent of the Zoning Code? PYoPoVarlahfoul \z-ox pithHAe wevt_erat w t� a end i of the Zoll C.6 v`ar a Inco. � � \d nod ef�ed tk c nier �t or C arra ct r of tke .-e �� S�d ��i (ooicf1068S�,Oyh l,t,t✓�. C+e- ed- ,150 l c� fiC or c� tuff, krcsou. vuS of aJA-e n€19 boc hood- 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? Th-e rC., are fach h cat cl s ass o ua-1dk2 uu Whi. ru_ces aprems-es ch c a,� � s v ha.tirci . 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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. 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, April 10, 2017 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, GSL 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. B17005 2011 Buehrle Drive April 11, 2017 ROBERTSON, DOUGLAS& LAURA MEYER, DUSTIN P 1218 EDGEWOOD DR 2015 BUEHRLE DR JEFFERSON CITY, MO 65109 JEFFERSON CITY, MO 65109-1991 1218 EDGEWOOD DR 2015 BUEHRLE DR DUNKLE, GARY W& MARY K TRUSTEES HUNTER, LAURA G TRUSTEE 1222 EDGEWOOD DR 2019 BUEHRLE DR JEFFERSON CITY, MO 65109 JEFFERSON CITY, MO 65109 1222 EDGEWOOD DR 2019 BUEHRLE DR GREEN, KEVEN RYAN & BETHANY MARIE FOX CONDOMINIUM 2012 BUEHRLE DR C/O SINDEY E FOX JR JEFFERSON CITY, MO 65109 3108 HUNT RIDGE RD 2012 BUEHRLE DR JEFFERSON CITY, MO 65109 STADIUM BLVD CAMP, EWELLA MARGARET 2016 BUEHRLE DR COOPER, EDWIN JEFFERSON CITY, MO 65109 2018 STADIUM BLVD 2016 BUEHRLE DR JEFFERSON CITY, MO 65109 2018 STADIUM BLVD PROSSER, KARLOS B&JEAN 1219 DOGWOOD DR STEWART, MARY ANN JEFFERSON CITY, MO 65109 2020 STADIUM BLVD 1219 DOGWOOD DR JEFFERSON CITY, MO 65109 2020 STADIUM BLVD TEBBS, BARBARA J 2022 BUEHRLE DR TOMCZAK, HEATH A JEFFERSON CITY, MO 65109 2022 STADIUM BLVD 2022 BUEHRLE DR JEFFERSON CITY, MO 65109 2022 STADIUM BLVD FARMER, DANIEL R& DIANA C TRUSTEES 1236 EDGEWOOD DR CASSIDY, BETTY A JEFFERSON CITY, MO 65109 2024 STADIUM BLVD 1228 EDGEWOOD DR JEFFERSON CITY, MO 65109 1236 EDGEWOOD DR 2024 STADIUM BLVD 2010 STADIUM BLVD SCHERR, JOHN STEVEN WILSON, FEDERICK 406 MONROE ST 1232 EDGEWOOD DR JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65109 2026 STADIUM BLVD 1232 EDGEWOOD DR BRYAN, JAMES D& ELEANOR SCHNIEDERS, TIMOTHY J &ANNA C 27 PARKWAY 1818 FOREST PARK CT ELDON, MO 65026 JEFFERSON CITY, MO 65109 2014 STADIUM BLVD 2011 BUEHRLE DR (Subject Property) N 4 W --•,& E r Case No. 617005 S Side Setback Variance 0 37.5 75 150 225 300 2011 Buehrle Dr. Feet 185 ft. Notification Buffer SWIFTS HWY 0 0 G) O 0 0 0 0 1 G7 ; m . O O 0 '. rj // 4 73 r / I ,////77 r , ,____________________ BUEHRLE DR A/ 1 1 0 \ 0 //�.. 0 /, , ri j / r STADIUM VIEW C /sopa/ STADIUM BLVD