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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' Print Preview 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 ti 04. S Case No. B17009 3227 Country Club Drive Front Setback Variance 1 COUNTRY CLUB DRY 50) (FORMERLY U.S. R'NW 10 / / / ARC=177•12' � ? 77.09' c,Q CN=N 83'58120°E 79' -�R=2814.9' CONCRETE SIDEWALK 161.72' 3227 COUNTRY CLUB DRIVE 44.5► 46.5' DEED RECORDED /N BOOK 430 PAGE 777 7c) 4„;:c.. 4/0 0 co F DEED RECORDED IN BOOK 323 PAGE 704 i LOT 2. E. UREKA HEIGH TS S RECORDED IN PLAT 1 i i ■s ■■ FRONT ELEVATION Case No. B17009 3227 Country Club Drive Front Setback Variance fI!LJI 71IIIIIIIIIIII➢IIIIIIIIII -ii 0111 DO JIIIHH II 1HIIIIIHHII REAR ELEVATION REVISIONS g 1 Ibk: 0'26 17 1 of 3 RIGI4T ELEVATION Case No. B17009 3227 Country Club Drive Front Setback Variance ,.....:... ..,i LEFT ELEVATION g -n1'. •411. • P.' Case No. B17009 3227 Country Club Drive Front Setback Variance • 6,116. 22.61.: 46,6111b• # IrA.•se. v.rf • Di, 12. 2 13.. 101 .:0 12,2 LI.- . .4! 2,. :-.. WC. D . 1,71fi• r ,Ar 10,6. ,..o. AV CO. • ;4>•;v t2,11%. LIU. 25,4%.• REVISIONS 4 6 JhW:,)7:1e. 17 3 of 3 Drs.11 Ka ;WV 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