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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 1 of 1 1 of 1 1 of 1 1 of 1 1 of 1 1 of 1 Oof1 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