HomeMy Public PortalAbout2017-11-14 minutesMEETING MINUTES
JEFFERSON CITY BOARD OF ADJUSTMENT
November 14, 2017
BOARD MEMBERS PRESENT
Paul Graham
Andrew Hake, Vice Chair
Katy Lacy
Stacey Young, Chairwoman
Robert Gammon, Alternate
Brad Schaefer, Alternate
BOARD MEMBERS ABSENT
Matt Rimiller
COUNCIL LIAISON ABSENT
Erin Wiseman
STAFF PRESENT
Sonny Sanders, Director of Planning & Protective Services
Eric Barron, Planning Manager
Bryan Wolford, City Counselor
Don Fontana, Floodplain Administrator
Britt Smith, Public Works Operations Division Director
Ron Craft, Airport Manager
Alex Rotenberry, Planner
Anne Stratman, Administrative Assistant
ATTENDANCE RECORD
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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 Board members and
staff. A quorum was present to hear the items on the agenda. The following members were
designated to vote: Gammon, Graham, Hake, Lacy, Young. Those wishing to speak to the Board
were sworn in.
2. Procedures Explained
Chairwoman Young explained the procedures of the meeting. Mr. Rotenberry 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
10. Rules of Procedure for the Board of Adjustment
3. Adoption of Agenda
Mr. Hake moved and Mr. Graham seconded to adopt the agenda as printed. The motion passed
5-0 with the following votes:
Aye: Gammon, Graham, Hake, Lacy, Young
4. Approval of Minutes from the Regular Meeting of September 12, 2017
Mr. Graham moved and Ms. Lacy seconded to approve the minutes as printed. The motion
passed 5-0 with the following votes:
Aye: Gammon, Graham, Hake, Lacy, Young
Minutes/Jefferson City Board of Adjustment
November 14, 2017
Page 2
5. Approval of Minutes from the Regular Meeting of October 10, 2017
Mr. Graham moved and Ms. Lacy seconded to approve the minutes as printed. The motion
passed 5-0 with the following votes:
Aye: Gammon, Graham, Hake, Lacy, Young
6. Approval of Minutes from the Special Meeting of October 17, 2017
Ms. Lacy moved and Mr. Graham seconded to approve the minutes as printed. The motion
passed 5-0 with the following votes:
Aye: Gammon, Graham, Hake, Lacy, Young
7. Communications Received
No correspondence was received
8. New Business — Public Hearing
Case No. B17012 — 1716 Sunset Court; Rear Setback Variance. Application filed by Robert
Luebbert, property owner, for a 9 foot variance from the rear setback requirement of the RD
zoning district of 25 feet to permit a rear setback of 16 feet. The purpose of the request is to
permit an addition to the rear of the existing residence. The property is located on the west side
of Sunset Court and is described as Lot 16 of Sunset Acres Subdivision, Jefferson City, Missouri.
Mr. Rotenberry described the proposal and explained that this property consists of a single family
residential home located within an established residential neighborhood, which was platted in 1990.
He stated that the house was constructed on the lot in 1995. Mr. Rotenberry explained that the
property owner desires to construct a 14'x24' building addition onto the rear of the house and
remove an existing deck. He stated that the proposed building addition would encroach into the 25'
rear setback of the property by 9 feet. Mr. Rotenberry explained that the property owner is
requesting a variance in order to accommodate the proposed addition. He stated that the property
is 65' wide and 92' deep (6,011 sf). Mr. Rotenberry explained that the minimum lot size for the RD
Medium Density Residential zoning of the property is 6,000 sf. He stated that due to the size of the
lot and the size of the existing home, any building addition would conflict with the required setbacks.
Mr. Rotenberry explained that the property is typical to the neighborhood, with many surrounding
properties lot sizes being identical or comparable in size.
Mr. Robert Luebbert, 1716 Sunset Court, spoke regarding this request and explained that he
removed the roof off of the existing deck. He stated that he is proposing to remove the existing deck
and build a room with a gabled roof. Mr. Luebbert explained that the existing dining area is 6x6 and
he is proposing to expand his dining room space with the addition. He stated that the existing deck
goes out 12 feet from the house. Mr. Luebbert explained that the proposed addition would go out 14
feet from the house.
No one spoke in opposition to this request and no correspondence was received.
Mr. Rotenberry gave the Planning Division staff report and explained that the findings appear to
have been met. He stated that the impact of a reduced rear setback on the property to the rear for
other adjacent properties is minimal and the proposed variance would not create any unsafe
conditions.
Chairwoman Young inquired whether there were any photographs from what a neighbors view
would be showing the easement elevations.
Mr. Luebbert provided photographs of his property.
Ms. Lacy commented that several of the houses in the neighborhood have a similar addition in
the back which is in keeping with the characteristics of the neighborhood.
Minutes/Jefferson City Board of Adjustment
November 14, 2017
Page 3
Mr. Graham moved and Ms. Lacy seconded to approve requested variance of 9 feet to the 25
feet rear setback requirement in order to allow for a rear setback of 16 feet. The motion passed 5-0
with the following roll call votes:
Aye: Gammon, Graham, Hake, Lacy, Young
Case No. B17013 — 1707 Stadium Boulevard and 1301 Southwest Boulevard; Driveway and
Setback Variances. Request filed by Bert and Jane Doerhoff, property owners, for the following:
1. A 12 foot variance from the drive lane width requirement of 24 feet to permit a drive lane
width of 12 feet;
2. A 1.94 foot variance from the driveway setback requirement of 5 feet to permit a driveway
setback of 3.06 feet;
3. A 9.4 foot variance of the rear setback requirement of 25 feet to permit a rear setback of
15.60 feet; and
4. A 921 square foot variance of the single family lot size requirement of 6,000 square feet
to permit a single family lot size of 5,079 square feet.
The purpose of the request is to permit the construction of a parking lot to the rear of 1707
Stadium Boulevard, with driveway access to 1301 Southwest Boulevard property. The property is
located on the southeast corner of the intersection of Stadium Boulevard and Southwest
Boulevard and is described as Part of Lot 20 of Swift and Thompson Subdivision, Jefferson City,
Missouri (Central Missouri Professional Services, consultant).
Mr. Rotenberry described the proposal and explained that because of the nature of the 1707
Stadium Boulevard property, the applicant is requesting several variances to properly connect with
the 1301 Southwest Boulevard property. He stated that two of the variances concern parking lot
driveway requirements (drive lane width reduction and driveway setback requirements), while the
other two concern the residential property (rear setback requirement and lot size requirement). Mr.
Rotenberry explained that the property owners have, simultaneously with this application, applied to
the Planning and Zoning Commission to rezone 1,120 sf of property to C -O Office Commercial in
order to accommodate the proposed commercial parking lot. Mr. Rotenberry explained that the
driveway connection to the existing parking lot would fit under an existing canopy at the south end
of the building. He stated that the new parking lot would add 11 parking spaces to the existing 18
parking spaces on the property. Mr. Rotenberry explained that the proposed parking lot addition
would be screened from neighboring single family residential properties with a row of trees, a
setback of 10 feet, and a 3 foot tall screening fence. He stated that the consultants will be working
with city staff to ensure proper detention of water as well as all other site plan and commercial
construction requirements.
Mr. Patrick Kremer, Central Missouri Professional Services, 2500 E McCarty Street, spoke
regarding this request and explained that 1706 Stadium Boulevard is a rental property. He stated
that they are proposing to add additional parking for clients and staff. Mr. Kremer explained that one
option was to demolish the house at 1706 Stadium Boulevard, however, no one was in favor of that
option. He stated that Mr. Doerhoff approached the property owner at 1301 Southwest Boulevard to
request the possibility of sharing parking and access, which was unsuccessful. Mr. Kremer
explained that the only option for expanded parking is accessing the rear of the property at 1706
Stadium Boulevard. He stated that after meeting with city staff it was determined to utilize the parcel
division and the four variances. Mr. Kremer explained that Mr. Doerhoff spoke with the property
owner at 1705 Stadium Boulevard and they will allow minor encroachment for the construction
process. He stated that they are proposing to construct sidewalks along Stadium Boulevard and
Southwest Boulevard in conjunction with this project.
No one spoke in opposition to this request and no correspondence was received.
Mr. Rotenberry gave the Planning Division staff report and explained that the required findings
appear to have been met. He stated that the proposed parking lot is a logical expansion of the
commercial node that would have a minimal effect on neighboring properties. Mr. Rotenberry
explained that the proposed variances would not create any obvious safety concerns or major
impacts on property value.
Minutes/Jefferson City Board of Adjustment
November 14, 2017
Page 4
Mr. Graham moved and Ms. Lacey seconded to approve the requested variances:
1. A 12 foot variance from the drive lane width requirement of 24 feet to permit a drive lane
width of 12 feet;
2. A 1.94 foot variance from the driveway setback requirement of 5 feet to permit a driveway
setback of 3.06 feet.;
3. A 9.4 foot variance of the rear setback requirement of 25 feet to permit a rear setback of
15.60 feet; and
4. A 921 square foot variance of the single family lot size requirement of 6,000 square feet to
permit a single family lot size of 5,079 square feet.
Mr. Graham explained that it is a basic rule of law that you cannot give yourself an easement. He
stated that you cannot acquire a prescriptive easement against yourself. Mr. Graham explained that
he is concerned that unless a deed is actually given that reduces the size of the residential property
that marketability of both properties will be compromised. He stated that that this to happen
because if the north lot is cut off and gets conveyed the south lot is not going to have an easement
against the north lot with respect to that driveway. Mr. Graham explained that we have to protect
the marketability of the property for the future. He inquired whether the motion should be amended
to make it conditional upon a deed actually being given so that the property size is actually reduced
as a matter of record in the Recorder of Deeds by 921 square feet.
Mr. Barron explained that if the variances are approved by this body the next step would be an
administrative parcel division. He stated that there would be a survey of that property with the new
line drawn and the southern portion of the property shown as being attached to the existing
commercial office building. Mr. Barron explained that this would ensure that the front portion of the
property could be sold without any issue and the rear portion of the property is permanently
attached to the adjacent property. He stated that the parcel division would be recorded at the
Recorder of Deeds office.
With no additional discussion, the motion passed 5-0 with the following roll call votes:
Aye: Gammon, Graham, Hake, Lacy, Young
Case No. B17014 — 500 Block of Airport Road, Variance from Floodplain Regulations.
Application filed by city staff for a variance to floodplain regulations for all nonresidential
construction on the airport property. The purpose of the request is to permit structures that are
designed to be flooded during flood events on the airport property, the entirety of which is located
in the regulated floodplain. The property consists of approximately 500 acres located at the end
of Airport Road 0.35 miles east of Highway 54/63 and is described part of Public Survey 2638
and part of Sections 9, 10, 14, 16, and 23, Township 44 North, Range 11 West, Jefferson City,
Callaway County, Missouri.
Mr. Barron described the proposal and explained that this variance request pertains to Chapter
31, Stormwater Management. He stated that Chapter 31 assigns responsibility for ruling on
variance requests to floodplain regulations to the Board of Adjustment. Mr. Barron explained that it
is recommended by FEMA to have a variance procedure in place for when those regulations need
to be varied.
Mr. Fontana, City of Jefferson Floodplain Administrator, explained that in 2016, the State
Emergency Management Agency (SEMA) conducted a Community Assistance Visit, which looked
at Floodplain Development permits that had been issued over a three (3) year period (2014 —
2016). He stated that the City received a notice of potential violation for having permitted a new
aircraft hangar to be built at grade using wet floodproofing methods. Mr. Fontana explained that to
rectify the potential violation, the approved SEMA options were to either elevate the entire hangar
such that the lowest opening is one -foot above the base flood elevation, or seek a variance and
submit a written evacuation plan to SEMA. He stated that staff considered submitting a request for
variance for this particular hangar, but decided instead to seek a variance to Section 31-320.C.2 of
the City's Floodplain Management code pertaining to Nonresidential Construction for the entire
airport, because every structure is built in the same manner, being designed to be flooded. Mr.
Minutes/Jefferson City Board of Adjustment
November 14, 2017
Page 5
Fontana explained that staff is requesting a variance to allow wet floodproofing techniques for
existing and future structures at the Jefferson City Memorial Airport. He stated that there are 19
existing structures including the terminal building, control tower, hangars and storage sheds.
No one spoke in opposition to this request and no correspondence was received.
Mr. Barron explained that the required findings appear to have been met.
Mr. Graham moved and Mr. Hake seconded to approve the staff initiated request for variance to
construct in floodplain using Wet Floodproofing Methods, as outlined in the application materials,
for all existing and future structures at the Jefferson City Memorial Airport. The motion passed 5-0
with the following roll call votes:
Aye: Gammon, Graham, Hake, Lacy, Young
9. Miscellaneous Reports
None.
10. Other Business
A. Election of Officers
Mr. Graham moved and Ms. Lacy seconded to re-elect Ms. Young, Chairwoman and Mr. Hake,
Vice Chairman. The motion passed 5-0 with the following votes:
Aye: Gammon, Graham, Hake, Lacy, Young
B. Adopt 2018 Meeting Schedule
Mr. Graham moved and Ms. Lacy seconded to adopt the 2018 meeting schedule as proposed.
The motion passed 5-0 with the following roll call votes:
Aye: Gammon, Graham, Hake, Lacy, Young
11. Adjournment
The meeting was adjourned at 8:55 a.m.
7Rec,,,,f,u,,y submittedQ
Anne StratmanSS
Administrative Assistant