HomeMy Public PortalAbout2017-09-12 packetNotice of Meeting & Tentative Agenda
Jefferson City Board of Adjustment
Tuesday, September 12, 2017, 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 August 8, 2017
5. Communications Received
6. New Business Public Hearings
Case No. B17008 — 1700 Delta Place; Fence Height Variance. Application filed by Jerad
Miller, property owner, for a variance of 2 feet from the 4 feet maximum fence height in the front
yard to permit a fence height of 6 feet on the Paddlewheel Circle frontage of the property (Section
35-59.F.2.a). The property is located on the northwest corner of the intersection of Delta Place
and Paddlewheel Circle and is described as Lot 27 of Riverhills Addition Section 2, Jefferson City,
Missouri.
Case No. B17009 — 3227 Country Club Drive; Front Setback Variances. Application filed by
David and Rebecca Oesterly, property owners, for the following:
1. A variance of 19 feet from the standard 25 feet front setback to permit a front setback of 6
feet from the South Ten Mile Drive right of way line. (Exhibit 35-51)
2. A variance of 2 feet from the standard 4 feet maximum overhanging eave to permit an
overhanging eave of 6 feet.(35-51.B.5.c.(7))
The purpose of the request is to permit the construction of a second story on the house located
within an existing front setback area and the construction an eave and front porch improvements
onto the house. The property is located on the southeast corner of the intersection of Country
Club Drive and South Ten Mile Drive and is described as part of Section 10, Township 44 North,
Range 12 West, 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
August 8, 2017
BOARD MEMBERS PRESENT
Paul Graham
Andrew Hake, Vice Chair
Matt Rimiller
Stacey Young, Chairwoman
Robert Gammon, Alternate
Brad Schaefer, Alternate
ATTENDANCE RECORD
5 of 6
6 of 6
3 of 6
6 of 6
4 of 6
6 of 6
BOARD MEMBERS ABSENT
Katy Lacy 5 of 6
COUNCIL LIAISON PRESENT
Erin Wiseman
STAFF PRESENT
Jayme Abbott, Neighborhood Services Manager
Eric Barron, Planning Manager
Bryan Wolford, Associate City Counselor
Alex Rotenberry, Transportation Planner
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: Hake, Gammon, Graham, 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
Mr. Hake moved and Ms. Young seconded to adopt the agenda as printed. The motion passed
5-0 with the following votes:
Aye: Hake, Gammon, Graham, Rimiller, Young
4. Approval of Minutes for the Regular Meeting of May 16, 2017
Mr. Graham moved and Mr. Hake seconded to approve the minutes as printed. The motion
passed 5-0 with the following votes:
Aye: Hake, Gammon, Graham, Rimiller, Young
It was noted in the May 16, 2017 Minutes that Mr. Graham was in attendance but recused himself
from discussion and voting on Case No. B17006.
Minutes/Jefferson City Board of Adjustment Page 2
August 8, 2017
5. Communications Received
No correspondence was received.
6. New Business — Public Hearing
Case No. B17007 — 3031 South Ten Mile Drive; Amended Conditional Use Permit for
Assisted Living Facility. Application filed by WB Price Inc, property owner, for an amended
conditional use permit for a 2,300 sf building addition to the existing assisted living facility. The
property is located on the south side of South Ten Mile Drive 1,000 feet east of Missouri
Boulevard and is described as part of the Southeast Quarter of the Northwest Quarter of Section
10, Township 44 North, Range 12 West.
Mr. Barron described the proposal and explained that the property owner is planning a building
addition to the existing assisted living facility that is on the property. He stated that the assisted
living facility was originally approved by a Conditional Use Permit in 1987. Mr. Barron explained
that the current building has 8 bedrooms and 4 bathrooms. He stated that the building addition
would be 2,272 sf in size and would contain 7 additional bedrooms, 7 bathrooms, a laundry room,
and a living room. Mr. Barron explained that the existing residents of the facility are currently
housed two beds to a bedroom, with a total of 15 residents. He stated that after completion of the
proposed building addition, each resident would be housed in a private room, thereby increasing
the level of service for the residents with minimal impact on surrounding property. Mr. Barron
explained that no increase in the number of residents is proposed. He stated that the property
owner has applied for an amended conditional use permit in order to proceed with the building
addition. Mr. Barron explained that a sanitary sewer line is currently located behind the existing
building and is proposed to be moved by the property owner in order to make room for the building
expansion. He stated that the sewer line relocation would be required to be designed by a
professional engineer, inspected during construction and tested prior to acceptance by the City in
accordance with standard city code requirements. Mr. Barron explained that an existing solid
screening fence is in place along the southern property line, which screens the property from the
adjacent residential home.
Mr. Chi Cheung, 1910 Andrea Drive, spoke regarding this request and explained that the purpose
of this request is to accommodate the residents better. He stated that the proposed addition will
match the existing buildings fagade.
No one spoke in opposition to this request and no correspondence was received.
Ms. Theresa Tolksdorf, 849 Weatherhill Road, inquired whether access to Weatherhill Road will
be restricted during construction of the proposed addition.
Mr. Jim Hagenhoff, Tri -Tech Builders, 11968 County Road 4040, Holts Summit, MO explained
that the Applicant purchased the property to the west of the subject property. He stated that they
will access this property so that there will not be any construction activity on Weatherhill Road. Mr.
Hagenhoff explained that they will be able to tap onto a water main that runs from South Ten Mile
Drive along Weatherhill Road in order to accommodate sprinklers for the new addition. He stated
that they will hook onto the sanitary sewer main that goes under the building to the north for the
new addition.
Mr. Barron gave the Planning Division staff report and explained that the required findings appear
to have been met. He stated that the site is ideally located within a mixed use/commercially zoned
area. Mr. Barron explained that the proposed expansion is to an existing facility and does not
include an increase in the number of residents. He stated that the proposed amendment to the
conditional use permit would not be expected to have a large effect on surrounding property nor
create dangerous conditions due to fire or traffic.
Mr. Graham moved and Mr. Rimiller seconded to approve the amended conditional use permit for
an assisted living facility. The motion passed 5-0 with the following votes:
Aye: Hake, Gammon, Graham, Rimiller, Young
Minutes/Jefferson City Board of Adjustment Page 3
August 8, 2017
7. Miscellaneous Reports.
None.
8. Other Business.
Mr. Barron announced that due to recent Council action the structure of the Planning Division has
changed. He stated that the Planning Division and the Metropolitan Planning Organization have
been consolidated. Mr. Barron was promoted to Planning Manager over those two divisions.
9. Adjournment
With no other business the meeting was adjourned at 7:56 a.m.
Respectfully submitted,
Anne Stratman
Administrative Assistant
Jefferson City
Board of Adjustment
September 12, 2017
Case No. 617008
1700 Delta Place
Fence Height Variance
STAFF REPORT
BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI
September 12, 2017
Case No. B17008 —1700 Delta Place; Fence Height Variance. Application filed by Jerad Miller,
property owner, for a variance of 2 feet from the 4 feet maximum fence height in the front yard to
permit a fence height of 6 feet on the Paddlewheel Circle frontage of the property (Section 35-
59.F.2.a). The property is located on the northwest corner of the intersection of Delta Place and
Paddlewheel Circle and is described as Lot 27 of Riverhills Addition Section 2, 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 sits on the northwest corner of Delta Place and Paddlewheel Circle
and faces and is addressed from Delta Place. The property owner desires to enclose the backyard
with a six foot tall wooden fence for privacy and safety.
The nature of properties sited on the intersection of two roads is defined, per city ordinance, as
having two front yards, in which fences may not exceed 4 feet in height in the front yards. In order
to accommodate the proposed 6 foot tall fence, the property owner has applied for a variance to the
fence height requirement.
ZONING AND SURROUNDING LAND USE
The subiect property is zoned RS -3 Single Family Residential.
STAFF ANALYSIS
The fence will extend 7 feet out from the house towards Paddlewheel Circle and run 55 feet in a
northerly direction, stopping short of the northern property line by approximately 10 feet.
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?
Surrounding Zoning
Surrounding Uses
North
RS -3
Single Family Residential
South
RD
Single Family Residential
East
RS -3
Single Family Residential
West
RS -3
Single Family Residential
STAFF ANALYSIS
The fence will extend 7 feet out from the house towards Paddlewheel Circle and run 55 feet in a
northerly direction, stopping short of the northern property line by approximately 10 feet.
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
Board of Adjustment
Page 2
April 11, 2017
Finding
Yes
No
Comments
Not eliminate an adequate supply of light or
air to adjacent property.
X
The proposed fence stops several feet shy of the
property boundaries of adjacent properties. The
effect on light and air should be negligible.
Not substantially increase congestion in the
public street.
X
The requested variance would have no effect on
street congestion.
Not increase the danger of fire or endanger
the safety of the public.
X
The fence does not obstruct the property owner or
adjacent owners access to safety.
Not be unduly injurious to the use and
enjoyment of adjacent property.
X
The fence would be located approximately 20 feet
from the curb of the street. The effect on the
adjacent property should be minimal.
Not substantially diminish property values
in the neighborhood.
X
The character of development in the area would
be unaffected. Rear yard fences may be found in
the neighborhood.
Be in keeping with the general spirit and
intent of the zoning code.
X
The structure sits on a corner lot and the proposed
variance results from the Paddlewheel Circle
facing portion of the property prohibiting six foot
fence construction past the front plane.
STAFF RECOMMENDATION
The required findings appear to be met. The fence setback variance is requested in order to create a
six foot fence in the rear yard, a common feature within the neighborhood. The structure sits on a
corner lot and the proposed variance results from the Paddlewheel Circle facing portion of the
property prohibiting a six foot fence construction past the front plane of that side. 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 2 feet from the 4 feet maximum fence height in
the front yard to permit a fence height of 6 feet on the Paddlewheel Circle frontage of the property.
City of Jefferson Board of Adjustment
LOCATION MAP
Case No. B17008
1700 Delta Place
Fence Height Variance
0
50
100
200 Feet
City of Jefferson Board of Adjustment
VICINITY
Case No. B17008
1700 Delta Place
Fence Height Variance
0 240 480
960 Feet
City of Jefferson
Department of Planning & Protective Services
320 E. McCarty Street
Jefferson City, MO 65101
Phone: 573-634-6410
icplanninq{ajeffcitymo. orq
www.feffersoncitymo.gov
APPLICATION TO THE BOARD OF ADJUSTMENT
1. The undersigned hereby request(s) the following:
C Conditional Use Permit (Section 35-73A; Section 35-71, Site Plan)
Variance (Section 35-73B; Section 35-71, Site Plan)
UAppeal of Administrative Decision (Section 35-73C)
riChapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit
El Chapter 8, Article V, Flood Hazard Regulationp; Variance to Flood Hazard Regulations
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).
lyA.Fr' u - -- %on D-rs a
3. The application is filed for the following described real estate: (the correct legal description of
the property must be printed below orattached to this application).
A. Street Address: / T D' D Deka PICC CQ 3. C • /'Q , 07e, J
B. Property Description: LOT
v ((5 4
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)
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
an. orrect. (All owner, of this property must sign and the signatures must be
ed).
Prope Owner ture
Property Owner Signature
Subscribed and sworn before me this 104"
ANNE M.STRATMAN
Notary Public - Notary Seal
State of Missouri
Commissioned for Osage County
My Commission Expires: August 27, 2019
Comfiooion Number:16a861a0
Fa� "Lyle(
Printed Name/Title (type r print)
Printed Name/Title (type or print)
Notary Public
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.
v
Jefferson City Board of Adjustment Application
Addendum C — Fence Height
To be used for variance requests dealing with fence height.
(Section 35-73.B.4.b and c.(3))
Property Address l le'o b Q rI& Wo. c2 3. C MI,6 57e• c
Applicant Name Vi a cl A i /i: r
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 Tight or air to the adjacent
property?
nlo� -Cene2 !1 6e /.(7av-4d 4. 60 4.-r 7'4%4
--R. ce , 0.•21,4 tor p # bp.etqf .
2. Would the proposed variance substantially increase congestion on the public street?
O, 2-4 r s a r spm' 0\4 S-`" 6.2i.
3. Would the proposed variance increase the danger of fire or endanger the safety of the
public?
.N a
4. Would the proposed variance be unduly injurious to the use and enjoyment of the
adjacent property?
'"i J.: I-CAUe.. 9e"i every
o /) he S74reE.Y.- cat d 41/441 a c.eni. risoft..c 3 ;74'S
ctAci 170.0*.€ S..frot9- ib ; 4
%�1t /1e7,g4►-6m41eod 10 ft. c.4,0 c wi{h C01S71tuc7;oq 1:%t
Jefferson City Board of Adjustment Application
Addendum C — Fence Height Page 2
5. Would the proposed variance substantially diminish property values in the
neighborhood?
JV d 4.e4c.e "(tc_ N )€o
o r -tr 4 v c..r i A slety4 6erLJae d.
6. Would the proposed variance be in keeping with the general spirit and intent of the
Zoning Code?
y,'sI +114'
W %n & n
trepos.eg VtiaflC
Code. iropay
GA Cat r '.
w o (AA
ie.
zS
Specific Findings:
1. Does the specific use of the fence require a height greater than permitted by zoning
regulations?
ye; , ? am req )t r�
Cor priv4c y a d sAs.e47 .c .aY cA�ickc11.
� Six -GI: 47e A c e
2. Is the proposed fence height the minimum necessary for the fence to serve its purpose?
ye�. E f i .l 4Pfyr re cI -cot Six-'+.
fie'
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MidMDGIS, MO
Page 1 of 1
Disclaimer_ t4ap and parcel data are believed to be accurate, belt accuracy is not guaranteed- This is not a
legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
Fencing Plan - Submitted by Applicant
6ft tall privacy fence - fence height variance
necessary due to location of fence within
setback area along Paddlewheel Circle.
Map Scale
1 inch = 23 feet
7/18/2017
http://www.midmogis.org/colesl/WebForms/Print.aspx?img=http://www.midmogis.org/arc... 7/18/2017
City of Jefferson
Department of Planning & Protective Services
320 E. McCarty St.
Jefferson City, MO 65101
August 29, 2017
Dear Property Owner:
Carrie Tergin, Mayor
Sonny Sanders, AICP, Director
Phone: 573-634-6410
Fax: 573-634-6562
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, September 12, 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. B17008 — 1700 Delta Place; Fence Height Variance. Application filed by Jerad Miller,
property owner, for a variance of 2 feet from the 4 feet maximum fence height in the front yard to permit a
fence height of 6 feet on the Paddlewheel Circle frontage of the property (Section 35-59.F.2.a). The
property is located on the northwest corner of the intersection of Delta Place and Paddlewheel Circle and
is described as Lot 27 of Riverhills Addition Section 2, 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, September 11, 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. ieffersoncitymo. qov/pps/planning/boardofadjustment. htm I
If you have any questions concerning this matter, please feel free to contact me at 573-634-6475.
Sincerely,
Eric Barron, AICP
Planning Manager
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
Property Owner List
Case No. B17008
PATTERSON, JAMES J & KERRY E
1608 PADDLEWHEEL CIR
JEFFERSON CITY, MO 65109
1608 PADDLEWHEEL CIR
DEAVER, CHRISTOPHER K
1701 DELTA PL
JEFFERSON CITY, MO 65109
1701 DELTA PL
KLAPP, PHILLIP K & D SUSAN
1635 PADDLEWHEEL CIR
JEFFERSON CITY, MO 65109
1635 PADDLEWHEEL CIR
GRINSTON, ANDRE SANTEZ &
KIMBERLY A
1633 PADDLEWHEEL CIR
JEFFERSON CITY, MO 65109
1633 PADDLEWHEEL CIR
WHITE, DONNA M
1609 PADDLEWHEEL CIR
JEFFERSON CITY, MO 65109
1609 PADDLEWHEEL CIR
MONAGHAN, DAVID A & MAUREEN M
1607 PADDLEWHEEL CIR
JEFFERSON CITY, MO 65109
1607 PADDLEWHEEL CIR
HEPLER, WAYNE C & ALBERTA K
PO BOX 105124
JEFFERSON CITY, MO 65110-5124
1605 PADDLEWHEEL CIR
RACKERS, ROBERT J & MARY W
1603 PADDLEWHEEL CIR
JEFFERSON CITY, MO 65109
1603 PADDLEWHEEL CIR
MCCLANAHAN, PAULA
1604 PADDLEWHEEL CIR
JEFFERSON CITY, MO 65109
1604 PADDLEWHEEL CIR
Page 1
1700 Delta Place September 12, 2017
HEDRICK, BEVERLY SUE
1600 PADDLEWHEEL CIR
JEFFERSON CITY, MO 65109
1600 PADDLEWHEEL CIR
ATTERBERRY, JACK D & MERYL R
1632 PADDLEWHEEL CIR
JEFFERSON CITY, MO 65109-1292
1632 PADDLEWHEEL CIR
SHIMMENS, THOMAS S & RHONDA J
1630 PADDLEWHEEL CIR
JEFFERSON CITY, MO 65109
1630 PADDLEWHEEL CIR
SCHERR, JOHN R & BARBARA
1614 PADDLEWHEEL CIR
JEFFERSON CITY, MO 65109
1614 PADDLEWHEEL CIR
MANESS, AARON M & ANNISSA L
1612 PADDLEWHEEL CIR
JEFFERSON CITY, MO 65109
1612 PADDLEWHEEL CIR
SCADS L L C
2119 OAKVIEW DR
JEFFERSON CITY, MO 65109
1628 W MAIN ST
TREECE, ALAN B &
MANNING, KRISTY J
204 WARE ST
JEFFERSON CITY, MO 65109
204 WARE ST
SMITH, TIMOTHY E & LEAH I
1704 W MAIN ST
JEFFERSON CITY, MO 65109
1704 W MAIN ST
LUEBBERING, KENNETH H & TRUSTEES
BURNETT, ROBYN K
1708 W MAIN ST
JEFFERSON CITY, MO 65109
1708 W MAIN ST
Jefferson City Board of Adjustment
Property Owner List
Case No. B17008
GREEN, TANEA M
1710 W MAIN ST
JEFFERSON CITY, MO 65109
1710 W MAIN ST
MITAN, ANDREW & CARLA
1711 DELTA PL
JEFFERSON CITY, MO 65109
1711 DELTA PL
BROWN, EDMOND LEE & VICKI M
1709 DELTA PL
JEFFERSON CITY, MO 65109
1709 DELTA PL
WRIGHT, WHITNEY J
1705 DELTA PL
JEFFERSON CITY, MO 65109
1705 DELTA PL
MILLER, JERAD S & SHELLIE R
1700 DELTA PL
JEFFERSON CITY, MO 65109
1700 DELTA PL (Subject Property)
MIHALEVICH, JAMES R & CONNIE J
1704 DELTA PL
JEFFERSON CITY, MO 65109
1704 DELTA PL
BURTON, ALLOCH G & REBECCA L
1708 DELTA PL
JEFFERSON CITY, MO 65109
1708 DELTA PL
BERENDZEN, MARK & SUE
1710 DELTA PL
JEFFERSON CITY, MO 65109
1710 DELTA PL
Page 2
1700 Delta Place September 12, 2017
Maureen McGuire Monaghan
1607 Paddlewheel Circle
Jefferson City, Missouri 65109
September 5, 2017
Eric Barron, AICP
Planning Manager
City of Jefferson
Department of Planning & Protective Services
320 E. McCarty St
Jefferson City, MO 65101
RE: 1700 Delta Place; Fence Height Variance
Dear Mr. Barron;
I reside at 1607 Paddlewheel Circle. I am writing in support of the variance requested by Jerad
Miller. Mr. Miller and his family recently moved into the neighborhood. Since taking
possession of the property, they have made substantial improvements to a home that had been
neglected for several years.
I also support Mr. Miller's request due to the location of his property. First, the home is at the
corner of Ware, Paddlewheel, and Delta. Ware Street, although extremely narrow, has extensive
traffic. It acts as a feeder street for Paddlewheel, Delta, Riverwood, Beverly, and Hayselton.
Mr. Miller has several small children and the traffic corning from Ware Street poses a danger to
his children. Second, 1700 is a corner lot and therefore it automatically has two frontages. The
home faces Delta therefore the frontage on Paddlewheel is a side yard for the Millers. They are
entitled to privacy and to ensure their small children can play safely.
Thank you for the notification of the prospective variance. Once again, I offer my support of Mr.
Miller's request.
Sincerely.
Maureen Monaghan
cc Jerad Miller, 1700 Delta Place, Jefferson City, MO 65109
SEP - 5 2017
Stratman, Anne
From: Monaghan, Maureen <Maureen.Monaghan@stc.mo.gov>
Sent: Tuesday, September 05, 2017 9:20 AM
To: Stratman, Anne
Subject: 17001 Delta Place - Fence Height Variance
Attachments: Delta Place - Maureen McGuire Monaghan.pdf
Case No. B17008
1700 Delta Place
Fence Height Variance
185 ft. Notification Buffer
0 45 90
S
180
270
360
Feet
Jefferson City
Board of Adjustment
September 12, 2017
Case No. 617009
3227 Country Club Drive
Front Setback Variance
STAFF REPORT
BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI
September 12, 2017
Case No. B17009 — 3227 Country Club Drive; Front Setback Variances. Application filed by
David and Rebecca Oesterly, property owners, for the following:
1. A variance of 19 feet from the standard 25 feet front setback to permit a front setback of 6
feet from the South Ten Mile Drive right of way line. (Exhibit 35-51)
2. A variance of 2 feet from the standard 4 feet maximum overhanging eave to permit an
overhanging eave of 6 feet.(35-51.B.5.c.(7))
The purpose of the request is to permit the construction of a second story on the house located
within an existing front setback area and the construction an eave and front porch improvements
onto the house. The property is located on the southeast corner of the intersection of Country Club
Drive and South Ten Mile Drive and is described as part of Section 10, Township 44 North, Range
12 West, 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 construct a second story onto the house and add an
overhanging eave. The property is a triangular shaped lot, located at an acute angle intersection.
Because of the unique nature and shape of the property and the location of the home, the building
encroaches into the front setback line for both the South Ten Mile Drive frontage and the Country
Club Drive frontage. The existing structure is located approximately 6 feet from South Ten Mile
Drive and approximately 23 feet from Country Club Drive. The second story addition, while being
"straight up" from the existing footprint of the building, would be an expansion of an existing non-
conforming building within a setback area. In order to accommodate the proposed addition, the
property owners have applied for a variance to the front setback requirement. The property owners
also desire to add a six foot eave onto the building facing Country Club Drive, which would also be
within a front setback area. Overhanging eaves are permitted to encroach 4 feet into a setback area.
The property owners have applied for a variance of 2 feet to allow for a 6 foot overhanging eave.
ZONING AND SURROUNDING LAND USE
The subiect nrooertv is zoned RS -1 Single Family Residential.
STAFF ANALYSIS
The home was constructed in 1935. The lot is oddly shaped, with the convergence of South Ten
Mile Drive and Country Club Drive at the northwest corner of the lot. The intersection of these two
roads shapes the property to resemble a triangle, with the residence being located approximately 6
feet from South Ten Mile Drive. The building is nonconforming with respect to front setbacks.
The Zoning Code permits certain alterations to a nonconforming building but does not permit the
enlargement of a nonconforming building.
The currently consists of 1,495 square feet. With about 1,000 sf on the main floor and the rest on
an existing second floor. The "addition" to the second floor is actually an expansion of the existing
Surrounding Zoning
Surrounding Uses
North
RS -1
Single Family Residential
South
RS -1
Single Family Residential
East
RS -1
Single Family Residential
West
RS -1
Single Family Residential
STAFF ANALYSIS
The home was constructed in 1935. The lot is oddly shaped, with the convergence of South Ten
Mile Drive and Country Club Drive at the northwest corner of the lot. The intersection of these two
roads shapes the property to resemble a triangle, with the residence being located approximately 6
feet from South Ten Mile Drive. The building is nonconforming with respect to front setbacks.
The Zoning Code permits certain alterations to a nonconforming building but does not permit the
enlargement of a nonconforming building.
The currently consists of 1,495 square feet. With about 1,000 sf on the main floor and the rest on
an existing second floor. The "addition" to the second floor is actually an expansion of the existing
Case No. B17005
Board of Adjustment
Page 2
April 11, 2017
second floor area, and includes modifications to the roof to accommodate a second floor area equal
to the main floor area.
The property has fallen into a state of disrepair and the current owners have stated that they are
attempting to rehabilitate the home. The owners have stated that new electrical wiring and other
code deficient items are being updated.
The proposed overhanging eve would have the appearance of a front porch, which would add some
architectural character to the structure as viewed from Country Club Drive.
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
air to adjacent property.
X
The setback variance request is for an existing
structure and adjacent property is street right of
way. The effect on light and air to private
property should be negligible.
Not substantially increase congestion in the
public street.
X
The setback would be for an existing structure and
would not result in the structure have a closer
proximity to the street. The requested variance
should have no effect on street congestion.
Not increase the danger of fire or endanger
the safety of the public.
X
The renovation of the house includes updates to
electrical and other code deficient items. The
structure is adjacent to street right of way. The
effect on dangerous situations should be minimal.
Not be unduly injurious to the use and
enjoyment of adjacent property.
X
The setback variance request is for an existing
structure and the property adjacent to the structure
is street right of way. The effect on the adjacent
private property should be minimal.
Not substantially diminish property values
in the neighborhood.
X
The character of development in the area would
be unaffected. Property owners are making efforts
to upgrade the structure and match existing
properties, which should have a positive effect on
surrounding property values.
Be in keeping with the general spirit and
intent of the zoning code.
X
The lot is an odd shape, and is encumbered by
street frontages on multiple sides. The structure is
an existing structure and the variance would
increase the livability of the structure by
increasing the floor area with no increase in the
footprint of the building.
Case No. B 17005
Board of Adjustment
Page 3
April 11, 2017
STAFF RECOMMENDATION
The required findings appear to be met. The front setback variance is requested in order to add a
second floor to an existing structure that is located within a front setback area. The lot is an odd
shape and is encumbered by street frontages on multiple sides. The requested variance would not
appear to have a major effect on light, air, safety, congestion, or the use, enjoyment, or value of
surrounding property. The overhanging eave would also have little effect on surrounding property
and would be a minimal encroachment into a front setback area
FORM OF MOTION
Motion for approval of the requested variances.
City of Jefferson Board of Adjustment
LOCATION MAP
Case No. B17009
3227 Country Club Drive
Front Setback Variances
0
80
160
320 Feet
I
MISSOURI -BLVD
City of Jefferson Board of Adjustment
VICINITY
Case No. B17009
3227 Country Club Drive
Corner Setback Variances
0 275 550
1,100 Feet
1
City of Jefferson
Department of Planning & Protective Services
320 E. McCarty Street
Jefferson City, MO 65101
Phone: 573-634-6410
jcplannina c(' ieffcitvmo.oro
www.jeffersoncitymo.gov
Date filed:
APPLICATION TO THE BOARD OF ADJUSTMENT
1. The undersigned I er'eby request(s) the following:
❑ Conditional Use Permit (Section 35-73A; Section 35-71, Site Plan)
Variance (Section 35-73B; Section 35-71, Site Plan)
❑ Appeal of Administrative Decision (Section 35-73C)
❑ Chapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit
0 Chapter 8, Article V, Flood Hazard Regulations; Variance to Flood Hazard Regulations
❑ 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).
Front setback variance on S. Ten Mile Drive of 18'4" (Exhibit 35-51A) to allow addition of 2nd
story to house. Variance from 35-51.B.5.c.(7) to permit overhanging eave of 6' (rather than 4').
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: 3227 Country Club Drive, Jefferson City, MO (RS -1 Zoning District)
B. Property Description: See Attachment Application to the Board of Adjustment
Variance 3.B. Legal Property Description and Site Survey
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 1
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
notarized).
tvv David D. Oesterly, Owner
Pro erty Owner
S bature Printed Name/Title (type or print)
baern
Property Owner Signature
Subscribed and sworn before me this
ANNE M. STRATMAN
Notary Public - Notary Seal
State of Missouri
Commissioned for Osage County
My Commission Expires: August 27, 2019
Commission Number: 15386130
Rebecca S. Oesterly, Owner
Printed NamelTitle (type or print)
day of cls(0 L7.
.
M 5
Notary Public
A••licant if different from •ro.ert 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 35-73.6.4.b and c.(1))
Property Address 3227 Country Club Drive, Jefferson City, MO 65109
Applicant Name David D. and Rebecca S. Oesterly (H&W owners)
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 supply of light or air to the adjacent property. The
existing house has a southern exposure and is located with sufficient distance from the neighboring
properties such that the proposed variance will not cast shadows that will reach the neighboring properties
or South Ten Mile Drive, nor will it impact the adequate supply of light. The house is located with
sufficient distance from neighboring properties such that the variance will not impact the adequate supply
of air.
2. Would the proposed variance substantially increase congestion on the public street?
• The proposed variance will not substantially increase congestion on the public street. The proposed
variance will not change the usage from its current status as a single family home.
3. Would the proposed variance increase the danger of fire or endanger the safety of the
public?
The proposed variance will not increase the danger of fire/public safety. The variance will allow the
entire house to be renovated. During renovation, older electrical wiring that may not meet existing
City code will be replaced with new wiring per current City codes and will be inspected by the City
Inspectors to ensure the public safety. Other areas of the house will also be improved to be brought
into line with current City Codes and inspections.
4. Would the proposed variance be unduly injurious to the use and enjoyment of the
adjacent property?
The proposed variance will not be unduly injurious to the use and enjoyment of the adjacent property.
The proposed variance will allow the existing house to be modified to have more of a 'look and feel' of
other properties in the neighborhood. The existing house has been empty for a period of time and the
proposed variance will allow the house to be occupied again. The proposed variance will not change
the currently permitted use of the property as a single family home.
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?
The proposed variance will not substantially diminish property values in the neighborhood. The proposed
variance will allow the existing house to be updated with a similar look and feel' of other properties in
surrounding neighborhood. The proposed variance will have a positive effect on surrounding property
values as the end result of the renovations will have a substantial increase in the overall curb appeal
of the house and surrounding landscape.
6. Would the proposed variance be in keeping with the general spirit and intent of the
Zoning Code?
The proposed variance will be in keeping with the general spirit and intent of the Zoning Code. Some
of the important aspects of the Zoning Code are to ensure appropriate use of a property within an area
and to protect and maintain the value of surrounding properties in the area. The proposed variance
will keep the usage of the house consistent with the neighborhood which will allow the house to be
updated to better -fit within the surrounding neighborhood and will allow the house to become occupied.
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?
Our property is a very unique and challenging layout for bringing this property up to a level that
is more in line with surrounding properties. It is triangular in shape (see survey) and the residence
was in existence prior to a county road being put into place. In order to maximize the full
potential and enjoyment of our property, we are requesting to have a variance so that we may
bring this residence up to modern standards by expanding from a 1.5 story to a 2.0 story. We
are not requesting to expand the footprint of the existing structure, merely requesting that we
are allowed to expand upward. The overall height of the structure will not be significantly
increased as the current structure as a 10' pitch roof and the proposed addition will bring the
roof pitch down to appropriately 6'pitch.
APPLICATION TO THE BOARD OF ADJUSTMENT
VARIANCE (SECTION 35-73B; SECTION 35-71, SITE PLAN)
FOR 3227 COUNTRY CLUB DRIVE, JEFFERSON CITY, MO
DAVID D. AND REBECCA S. OESTERLY (H&W OWNERS)
3.B. Property Description:
Beginning at the intersection of the centerline of south 10 mile drive and the south right of way of
country club drive, formerly U.S. Highway 50; thence along said south right of way along a curve with a
chord bearing of N 83°58'20"E a distance of 177.09 feet, a radius of 2,814.79 feet and an arc length of
177.12 feet, to the northwest corner of lot 23 of Eureka Heights Subdivision as shown in plat book 4 at
page 56 in the Cole County Recorder's office; thence s 6°40'40"E along the west line of said lot 129.86
feet to the centerline of south ten mile drive; thence along said centerline the following courses and
distances,
N 64°13'00" W 173.49 feet; thence N 51°22'50" W 39.96 feet; thence N 20°41'30" W 10.67 feet to the
point of beginning.
V 20'41'30"W -7
10.67'
15.40'S
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04.
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Case No. B17009
3227 Country Club Drive
Front Setback Variance
1
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Case No. B17009
3227 Country Club Drive
Front Setback Variance
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Case No. B17009
3227 Country Club Drive
Front Setback Variance
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Case No. B17009
3227 Country Club Drive
Front Setback Variance
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City of Jefferson
Department of Planning & Protective Services
320 E. McCarty St.
Jefferson City, MO 65101
August 29, 2017
Carrie Terqin, Mayor
Sonny Sanders, AICP, Director
Phone: 573-634-6410
Fax: 573-634-6562
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, September 12, 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. B17009 — 3227 Country Club Drive; Front Setback Variances. Application filed by David
and Rebecca Oesterly, property owners, for the following:
1. A variance of 19 feet from the standard 25 feet front setback to permit a front setback of 6 feet
from the South Ten Mile Drive right of way line. (Exhibit 35-51)
2. A variance of 2 feet from the standard 4 feet maximum overhanging eave to permit an
overhanging eave of 6 feet.(35-51.B.5.c.(7))
The purpose of the request is to permit the construction of a second story on the house located within an
existing front setback area and the construction an eave and front porch improvements onto the house.
The property is located on the southeast corner of the intersection of Country Club Drive and South Ten
Mile Drive and is described as part of Section 10, Township 44 North, Range 12 West, 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, September 11, 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/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
Planning Manager
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
Property Owner List
Case No. B17009
VANDERPOL, PHILIP D
3221 COUNTRY CLUB DR
JEFFERSON CITY, MO 65109
3221 COUNTRY CLUB DR
FREEMAN, RANDOLPH JR
3260 S TEN MILE DR
JEFFERSON CITY, MO 65109
3260 S TEN MILE DR
BERNSKOETTER, BRICE M & KATIE J
3213 COUNTRY CLUB DR
JEFFERSON CITY, MO 65109
3213 COUNTRY CLUB DR
TURNER, SUSAN M
3304 COUNTRY CLUB DR
JEFFERSON CITY, MO 65109
3304 COUNTRY CLUB DR
3227 Country Club Drive
OESTERLY, DAVID D
2918 ROCK RIDGE RD
JEFFERSON CITY, MO 65109
3227 COUNTRY CLUB DR (Subject Property)
DALLMEYER, ROBERT E III TRUSTEE
3228 COUNTRY CLUB DR
JEFFERSON CITY, MO 65109
420 CONSTITUTION DR
3228 COUNTRY CLUB DR
JAEGER, DAVID W & NANCY L
3256 S TEN MILE DR
JEFFERSON CITY, MO 65109
3256 S TEN MILE DR
RYNO, MICHAEL & MARRIANNE
3261 S TEN MILE DR
JEFFERSON CITY, MO 65109
3267 S TEN MILE DR
3261 S TEN MILE DR
Page 1
September 12, 2017
CAMPBELL, MARY LYN KOMAROMI
JACKSON, ROBERT E
3210 COUNTRY CLUB DR
JEFFERSON CITY, MO 65109
3210 COUNTRY CLUB DR
VISLAY, MARK & BEVERLY K TRUSTEES
3300 COUNTRY CLUB DR
JEFFERSON CITY, MO 65109
3300 COUNTRY CLUB DR
DEBROECK, CHRISTOPHER A & ANGELA K
3249 S TEN MILE DR
JEFFERSON CITY, MO 65109
3249 S TEN MILE DR
SCHNEIDERS, JEFFREY M & SHARON K
1314 HWY 179
JEFFERSON CITY, MO 65109
3301 COUNTRY CLUB DR
DULLE, JAMES L & JEANETTE TRUSTEES
3319 COUNTRY CLUB DR
JEFFERSON CITY, MO 65109-1028
3319 COUNTRY CLUB DR
SCHENEWERK, MARY ANN TRUSTEE
3214 COUNTRY CLUB DR
JEFFERSON CITY, MO 65109
3214 COUNTRY CLUB DR
Case No. B17009
3227 Country Club Drive
Front Setback Variances
185 ft. Notification Buffer
0 37.5 75
S
150
225
300
Feet