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Home My Public Portal About2019-02-12 minutesMEETING MINUTES JEFFERSON CITY BOARD OF ADJUSTMENT February 12, 2019 BOARD MEMBERS PRESENT Andrew Hake, Vice Chair Katy Lacy Brad Schaefer Adam Cartwright, Alternate Sharon Keating, Alternate Jamie Seaver, Alternate ATTENDANCE RECORD 4 of 4 4 of 4 3 of 4 3 of 4 4 of 4 3 of 4 BOARD MEMBERS ABSENT Stacey Young, Chairwoman 2 of 4 COUNCIL LIAISON PRESENT David Kemna STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Bryan Wolford, Associate City Counselor lan Zollinger, Planner Ahnna Nanoski, Planner Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff Vice Chairman Hake called the meeting to order at 7:30 a.m. and introduced Board members and asked staff to introduce themselves. A quorum was present to hear the items on the agenda. The following members were designated to vote: Hake, Keating, Lacy, Schaefer, Seaver. Those wishing to speak to the Board were sworn in. 2. Procedures Explained Vice Chairman Hake explained the procedures of the meeting. Mr. Zollinger 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 Ms. Lacy moved and Ms. Keating seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Hake, Keating, Lacy, Schaefer, Seaver 4. Approval of Minutes from the Regular Meeting of January 8, 2019 Ms. Lacy moved and Ms. Keating seconded to approve the minutes as printed. The motion passed 5-0 with the following votes: Aye: Hake, Keating, Lacy, Schaefer, Seaver 5. Communications Received No correspondence was received. Minutes/Jefferson City Board of Adjustment Page 2 February 12, 2019 6. New Business — Public Hearing Case No. B19002 - 3104 S Ten Mile Drive, Signage Variance. Request filed by Texas Roadhouse Holdings LLC, applicant, and 3104 S Ten Mile Drive LLC - Donna Maxwell, property owner, for a variance to the Chapter 3 of the City Code Section 3-7.B.4 ( Roof Mounted Flags or Flagpoles) to be able to install 2 roof mounted flag poles. The property is located on the North side of South Ten Mile Drive 400 feet East of the intersection of South Ten Mile Drive and Missouri Blvd and is described Part of the Southeast Quarter of the Northwest Quarter of Section 10, Township 44 north, Range 12 West, in the City of Jefferson, Cole County, Missouri. Mr. Zollinger described the proposal and explained that the property is zoned C-2 General Commercial. He stated that the subject property is the former site of Orscheln's Farm and Home. Mr. Zollinger explained that the applicant is proposing to build a restaurant on the site. He stated that the purpose of the request is to install two roof mounted flagpoles for the proposed restaurant. Mr. Zollinger explained that roof mounted flagpoles are prohibited within Chapter 3 of Advertising and Signs. He stated that in order to permit the roof mounted flagpoles, the property owner has applied for a variance to the section of the city code that the flagpoles are in conflict with. Mr. Jason Boling, Greenberg Farrow, 21 South Evergreen Avenue, Suite 200, Arlington Heights, IL spoke regarding this request and explained that they represent Texas Roadhouse Restaurant and their entitlements. He stated that they are proposing two rooftop mounted flagpoles with one displaying the United States flag and one displaying the State of Texas flag. Mr. Boling explained that the proposed flagpoles are 12 feet in height and would bring the total height of the building to 39 feet 6 inches. He stated that without the flagpoles the total height of the building would be 27 feet 6 inches. Mr. Boling explained that the nylon flags would be approximately 5x8. He stated that the flags are part of the Texas Roadhouse Restaurant brand, since they do not do a lot of advertising. Mr. Boling explained that Texas Roadhouse Restaurant feels that the flags are essential to the success of their restaurant and that is the reason for requesting the variance. He stated that this will be a total site demolition. No one spoke in opposition to this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report and explained that the required findings for the proposed signage variances appear to be met. The location of the roof mounted flagpoles would have little effect on adjacent properties due to the significant separation distance between buildings and presence of the highway. Ms. Lacy moved and Mr. Seaver seconded to approve the variance in order to permit two roof mounted flagpoles. After discussion, the motion passed 5-0 with the following roll call vote: Aye: Hake, Keating, Lacy, Schaefer, Seaver Case No. B19003 - 202 Boonville Road, Fence Height Variance. Request filed by Melanie and Kevin Bullard, property owners, for 2 foot variance to the maximum height of a fence in the front setback area of 4 feet to permit a 6 foot tall fence at the property line adjacent to Hayselton Drive. The property is located north of the intersection of Boonville Road and Hayselton Drive and is described as Lot Number Fifty-three (53) of Block Number Three (3) of Sunset Place Addition, a subdivision of Part of Section No. 1, Township 44, Range 12, and Section Nos. 35 and 36, Township 45, Range 12, Cole County, Missouri. Mr. Zollinger described the proposal and explained that the subject property is zoned RS -3 Single Family Residential. He stated that the property owner is requesting a variance to the maximum height of a fence within the front setback adjacent to Hayselton Drive. Mr. Zollinger explained that the fence currently exists and was installed by a previous property owner before the current property owners purchased the property and was built without obtaining a building permit. He stated that the property has two street frontages one on Boonville Road and one on Hayselton Drive. Mr. Zollinger explained that the property is of an irregular shape and is wedged between Boonville Road and Hayselton Drive. He stated that the current fence height is 6 feet, whereas the maximum height of a fence in the front setback is 4 feet. Minutes/Jefferson City Board of Adjustment Page 3 February 12, 2019 Ms. Melanie Bullard, 202 Boonville Road, spoke regarding this request and explained that they purchased their home on November 30, 2018 and as part of the contract they requested that a privacy fence be installed. She stated that the homeowner at that time obliged and built the fence unbeknownst to them without a building permit. Ms. Bullard explained that they received a letter in December 2018 from the City stating that they were in violation of the City Code with having a 6 foot fence as opposed to an allowable 4 foot fence in a front yard. She stated that was the reason for applying for a variance to allow the existing 6 foot fence. No one spoke in opposition to this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report and explained that the required findings appear to be met. The irregular shape of the property combined with the property having two street frontages results in a hardship that can be relieved through a variance to the maximum height of a fence in the front setback. Ms. Keating moved and Mr. Seaver seconded to approve a 2 foot variance to the maximum height of a fence in the front setback area of 4 feet to permit a 6 foot tall fence at the front property line adjacent to Hayselton Drive for the existing fence. After discussion, the motion passed 5-0 with the following roll call vote: Aye: Hake, Keating, Lacy, Schaefer, Seaver 7. Miscellaneous Reports None. 8. Other Business None. 9. Adjournment The meeting was adjourned at 8:00 a.m. Resp fully submitted, Anne Stratman Administrative Assistant