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HomeMy Public PortalAbout2019-05-14 packetNotice of Meeting & Tentative Agenda Jefferson City Board of Adjustment Tuesday, May 14, 2019, 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 from the Regular Meeting of April 4, 2019 5. Communications Received 6. New Business Public Hearings Case No. B19006 - 600 Block of Bolivar Street, Lot 6 Street Frontage Variance and Lot 7 Rear Setback Variance. Request filed by F&F Development, property owner, for the following: 1. A Variance from the requirement that all lots have frontage on a publicly dedicated street. 2. A 20 foot variance to the rear setback requirement of the C-2 Zoning District to permit a 0 foot setback. The property is located at the Southwest corner of the intersection of Missouri Blvd and Highway 50/63 and is described as part of Inlots Nos. 657, 658,661 and 662, Jefferson City, Cole County, Missouri (Central Missouri Professional Services, consultant). 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. MEETING MINUTES JEFFERSON CITY BOARD OF ADJUSTMENT April 9, 2019 BOARD MEMBERS PRESENT Andrew Hake, Vice Chair Brad Schaefer Adam Cartwright, Alternate Sharon Keating, Alternate Jamie Seaver, Alternate BOARD MEMBERS ABSENT Stacey Young, Chairwoman Katy Lacy Roy Michael COUNCIL LIAISON PRESENT Erin Wiseman STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Bryan Wolford, Associate City Counselor lan Zollinger, Planner Beth Sweeten, Administrative Assistant Anne Stratman, Neighborhood Services Specialist ATTENDANCE RECORD 6 of 6 5 of 6 5 of 6 6 of 6 5 of 6 2 of 6 5 of 6 0 of 1 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff Vice Chairman Hake called the meeting to order at 7:34 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, Schaefer, Seaver and Cartwright. Those wishing to speak to the Board were sworn in. Mr. Barron introduced Beth Sweeten, Administrative Assistant for the Department of Planning and Protective Services. Ms. Sweeten will be replacing Ms. Stratman who took another position within the department. 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. Keating moved and Mr. Seaver seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Hake, Keating, Schaefer, Seaver, Cartwright 4. Approval of Minutes from the Regular Meeting of March 12, 2019 Mr. Seaver moved and Mr. Cartwright seconded to approve the minutes as printed. The motion passed 5-0 with the following votes: Aye: Hake, Keating, Cartwright, Schaefer, Seaver Minutes/Jefferson City Board of Adjustment Page 2 March 12, 2019 5. Communications Received No correspondence was received. 6. New Business — Public Hearing Case No. B19005 - 929 Fairmount Blvd, Setback Variance. Request filed by Shirley Sanders, property owner, for a 2 foot variance to the 5 foot side setback for accessory structures to permit a 3 foot setback for a new garage. The property is located on the east side of Fairmount Blvd 200' north of the intersection of Fairmount Blvd and Oakwood Drive and is described as Lot 14, Block 2 of Wagner Place Subdivision, City of Jefferson, Cole County, Missouri. Mr. Zollinger described the proposal and explained that the property consists of a single family residential home located within an established residential neighborhood. The property owners desire to construct a garage where one previously existed. The garage was taken down several years ago. The side setback required for accessory structures is 5 feet from the property line. The foundation of the previous structure existed 3 feet from the property line. The owner of the property poured the new foundation where the old foundation existed not knowing that a new structure would require a variance. In order to accommodate the proposed construction of the garage, the property owner has applied for a variance to the side setback requirement for accessory structures. Ms. Shirley Sanders, applicant and homeowner, 929 Fairmount Blvd., spoke regarding her request. She spoke in favor of her request and stated that the neighbors she spoke with were in favor as well. No one spoke in opposition to this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report and explained the setback variance would not create any obvious safety concerns or major impacts on property value. Mr. Seaver moved and Mr. Cartwright seconded to approve the requested variance of 2 feet from the standard 5 feet side setback of accessory structures to permit a side setback of 3 feet. After discussion, the motion passed 5-0 with the following roll call vote: Aye: Hake, Keating, Cartwright, Schaefer, Seaver 7. Miscellaneous Reports None. 8. Other Business None. 9. Adjournment The meeting was adjourned at 7:87 a.m. Respectfully submitted, Anne Stratman Neighborhood Services Specialist Jefferson City Board of Adjustment May 14, 2019 Case No. B19006 F&F Development 600 Block of Bolivar Street Frontage Variance and Setback Variance. STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI May 14, 2019 Case No.B19006 - 600 Block of Bolivar Street, Lot 6 Street Frontage Variance and Lot 7 Rear Setback Variance. Request filed by F&F Development, property owner, for the following: 1. A Variance from the requirement that all lots have frontage on a publicly dedicated street. 2. A 20 foot variance to the rear setback requirement of the C-2 Zoning District to permit a 0 foot setback. The property is located at the Southwest corner of the intersection of Missouri Blvd and Highway 50/63 and is described as part of Inlots Nos. 657, 658,661 and 662, Jefferson City, Cole County, Missouri (Central Missouri Professional Services, consultant). 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 The purpose of the request is to divide the subject property into seven lots. Two of the lots would require variances. The creation of lot 6 would be landlocked; the zoning code requires that all lots have a connection to a public street. The creation of lot 7 would require a rear setback variance as the existing building sits on the property line. ZONING AND SURROUNDING LAND USE r1 ./ is zoned C-2 General Commercial. STAFF ANALYSIS The Zoning Code requires that all lots have street frontage. Street frontage is necessary in order to ensure that a property has vehicular access as well as access to necessary utilities. This property was platted and will be developed within the context of a larger commercial development. The developer has put in place easements and covenants that allows for vehicular access and utility access between the properties in the development. With utility/cross access agreements in place, the need for street frontage is reduced. The Zoning Code requires that properties in the C-2 General Commercial Zoning District have a rear setback of 20 feet. Lot 7 has a parking garage which has existed since the late 80's early 90's. The rear property line of Lot 7 exists on or at the outline of the parking structure. Because of limited space in the commercial development and because the use of the hotel and the use of the parking structure go hand in hand a variance is needed to allow for the property ( Lot 7) and the parking structure conform to the zoning code. Surrounding Zoning Surrounding Uses North C-2 Highway 50 and 54 Interchange South C-2 Coffee shop / parking lot / auto sales East C-2 Highway 50 and Missouri Blvd Intersection West C-2 Highway 54 STAFF ANALYSIS The Zoning Code requires that all lots have street frontage. Street frontage is necessary in order to ensure that a property has vehicular access as well as access to necessary utilities. This property was platted and will be developed within the context of a larger commercial development. The developer has put in place easements and covenants that allows for vehicular access and utility access between the properties in the development. With utility/cross access agreements in place, the need for street frontage is reduced. The Zoning Code requires that properties in the C-2 General Commercial Zoning District have a rear setback of 20 feet. Lot 7 has a parking garage which has existed since the late 80's early 90's. The rear property line of Lot 7 exists on or at the outline of the parking structure. Because of limited space in the commercial development and because the use of the hotel and the use of the parking structure go hand in hand a variance is needed to allow for the property ( Lot 7) and the parking structure conform to the zoning code. 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 and lot frontage requirement variance request is minimal and the use of the adjacent property in the vicinity of the setback request would coincide with the other uses of the subdivision. The effect on light and air should be negligible. Not substantially increase congestion in the public street. X The requested variances would have no effect on street congestion. Not increase the danger of fire or endanger the safety of the public. X The setback and lot frontage requirement variance request is minimal and would not increase the danger of fire or endanger public safety as their will be sufficient separation for fire with the parking structure and the hotel and Lot 4 will be used for ingress and egress throughout the site. Not be unduly injurious to the use and enjoyment of adjacent property. X The effect on the adjacent property should be minimal as the variances are minimal. Not substantially diminish property values in the neighborhood. X The character of development in the area would be unaffected because of the large amounts or right-of-way that exists between the subject property and neighboring properties the requested variances will not substantially diminish property values in the neighborhood. Be in keeping with the general spirit and intent of the zoning code. X The requested variances are in the general spirit and intent of the zoning code. STAFF RECOMMENDATION The required findings appear to be met for both variances. The applicant has submitted evidence that agreements are in place regarding utility and vehicular access for the property and the parking structure has existed for over 20 years and the use of the hotel and the use of the parking structure will benefit from a setback variance. FORM OF MOTION Motion for approval of the following: 1. A variance from the zoning code requirement that all lots have frontage on a publicly dedicated street. 2. A 20 foot variance to the rear setback requirement of the C-2 Zoning District to permit a 0 foot setback. City of Jefferson Board of Adjustment LOCATION MAP Case No. B19006 600 Block of Bolivar Street Rear Setback Variance Lot Frontage Variance 0 135 270 540 Feet City of Jefferson Board of Adjustment VICINITY Case No. B19006 600 Block of Bolivar Street Rear Setback Variance Lot Frontage Variance 0 400 800 1,600 Feet City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 1cplanninaglioffcltvmo.orq www.jefferson cltym o.go v Date filed: APPLICATION TO THE BOARD OF ADJUSTMENT 1. The undersigned hereby 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) C1 Chapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit ❑ Chapter 31, Article 111, Floodplain Management; 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). Lot 6 - Variance for required frontage on a public street. Lot 7 - Variance of the required rear setback from 20' to 0' 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: 600 Block of Bolivar St. B. Property Description: See Attached. 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: $300 + $100 advertising fee. A check payable to the "City of Jefferson" for the application filing fee must be attached to this application. Revised July 1, 2018. 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 k. Variance to Floodplain Regulations — Addendum L Page 1 of 10 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 ed). (1&f E Eci-&-- perty Owner Signature Printed Name/Title (type or print) Property Owner Signature Printed Name/Title (type or print) Subscribed and sworn before me this icR ' day of � j Qji. CJ2A.,..-.2,c)tci Notary Public - State of Missouri ---7-: al, )UoLt JEAN MACKNEY My Commission Expires November 27, 2019 Cole County Notar Public Commission #11500009 y from A pp Iicant (if different 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. Page 2 of 10 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.B.4.b and c.(1)) Property Address 600 Block of Bolivar St. Applicant Name F & F Development, LLC 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? The proposed variance would not eliminate adequate supply of light or air to the adjacent property. The lots in question are being designed as a single development with multiple Tots. The lack of street frontage for Lot 6 is addressed through a access and maintenance agreement between all lot owners in the development. Lot 7 is an existing parking garage with no need for a rear yard setback. 2. Would the proposed variance substantially increase congestion on the public street? A traffic study for this development has been completed and accepted by the City and Modot. The study states that the existing street system is able to accommodate the proposed development. 3. Would the proposed variance increase the danger of fire or endanger the safety of the public? There would be no increased fire danger. Required fire access routes and fire hydrants are being provided on the site. The proposed plan has been reviewed and approved by the Fire Department. 4. Would the proposed variance be unduly injurious to the use and enjoyment of the adjacent property? The proposed Tots are part of a overall development plan and are complementary to each other. 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 neig hborhood? The proposed variance will increase property values by providing new development on a vacant site. 6. Would the proposed variance be in keeping with the general spirit and intent of the Zoning Code? The proposed variance is in keeping with the general intent of the zoning code. Access to Tots is being defined in the development operating agreement. 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? The proposed division of lots is necessary to separate common ground from development lots and to equitably divide the maintenance costs for common ground between Tots, as well as provide access and utility easements across all Tots which is contained in the maintenance and easement agreement for the development. Strict adherence to the zoning code would make dividing the costs more difficult. City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 April 30, 2019 Dear Property Owner: Carrie Terqin, Mayor Sonny Sanders, A!CP, 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, May 14, 2019 in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business: Case No.B19006 - 600 Block of Bolivar Street, Lot 6 Street Frontage Variance and Lot 7 Rear Setback Variance. Request filed by F&F Development, property owner, for the following: 1. A Variance from the requirement that all lots have frontage on a publicly dedicated street. 2. A 20 foot variance to the rear setback requirement of the C-2 Zoning District to permit a 0 foot setback. The property is located at the Southwest corner of the intersection of Missouri Blvd and Highway 50/63 and is described as part of Inlots Nos. 657, 658,661 and 662, Jefferson City, Cole County, Missouri (Central Missouri Professional Services, consultant). As an adjoining landowner and/or neighbor, you are being provided notice of 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, May 13, 2019 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/government/planninq/board of adiustment.php If you have any questions concerning this matter, please feel free to contact me at 573-634-6475. Sincerely, Eric Barron 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. B19006 VOGEL, EDITH G 800 ST MARYS BLVD JEFFERSON CITY, MO 65109 802 ARMORY DR MENGWASSER, ROSE T TRUSTEE VOGEL, EDITH G TRUSTEE MENGWASSER, ALAN A TRUSTEE 800 ST MARYS BLVD JEFFERSON CITY, MO 65109 800 ST MARYS BLVD MO NATIONAL GUARD STATE 1717 INDUSTRIAL DR JEFFERSON CITY, MO 65109 801 ARMORY DR RZWGROUPLLC PO BOX 2284 JEFFERSON CITY, MO 65102 723 ST MARYS BLVD RZWGROUPLLC PO BOX 2284 JEFFERSON CITY, MO 65102 725 ST MARYS BLVD BELLINGER, MARK J WRIGHT, RANDALL Z PO BOX 1425 JEFFERSON CITY, MO 65102 727 ST MARYS BLVD WRIGHT, RANDALL 1800 NORTHWOOD DR JEFFERSON CITY, MO 65109 729 ST MARYS BLVD KOLB, LAWRENCE F & CATHERINE M TRUSTEES 741 TURNBERRY DR JEFFERSON CITY, MO 65109 615 DELAWARE ST Page 1 600 Block of Bolivar May 14, 2019 GARRISON, RODNEY & MARGARET 617 DELAWARE ST JEFFERSON CITY, MO 65109 617 DELAWARE ST LAMAR OUTDOOR ADVERTISING OF MO PO BOX 1089 OSAGE BEACH, MO 65065 HWY 54 & DELAWARE A M K PROPERTIES L L C PO BOX 685 JEFFERSON CITY, MO 65102 710 MISSOURI BLVD MISSOURI STATE OF 1 STATE CAPITOL BLDG JEFFERSON CITY, MO 65101 709 MISSOURI BLVD ATRIUM FINANCE I %ATRIUM HOSPITALITY L P DELAWARE LIMITED PARTNERSHIP 12735 MORRIS ROAD EXT ALPHARETTA, GA 30004 415 W MCCARTY ST HOUSING AUTHORITY OF JEFFERSON CITY PO BOX 1029 JEFFERSON CITY, MO 65102 501 W MCCARTY ST MISSOURI STATE OF PO BOX 809 JEFFERSON CITY, MO 65102-0809 W MCCARTY ST MISSOURI STATE OF PO BOX 809 JEFFERSON CITY, MO 65102 611 W MCCARTY ST OAKBROOK PROPERTIES L L C 320 NISHODSE BLUFF RD JEFFERSON CITY, MO 65101 621 W MCCARTY ST Jefferson City Board of Adjustment Property Owner List Case No. B19006 LINCOLN CENTER L L C 1900 S VENTURA AVE SPRINGFIELD, MO 65804 623 W MCCARTY ST LINCOLN CENTER L L C 1900 5 VENTURA AVE SPRINGFIELD, MO 65804 629 W MCCARTY ST LINCOLN CENTER L L C 1900 S VENTURA AVE SPRINGFIELD, MO 65804 627 W MCCARTY ST JEFFERSON CITY DISTRIBUTORS INC 301 CONSTITUTION DR JEFFERSON CITY, MO 65109 701 W MCCARTY ST B W DEVELOPMENTS L L C 229 LITTLE CREEK LN JEFFERSON CITY, MO 65109 715 W MCCARTY ST 101 LAUBERT, CHARLIE & STACY 501 MISSOURI BLVD JEFFERSON CITY, MO 65101 501 MISSOURI BLVD F& F DEVELOPMENT L L C 221 BOLIVAR ST JEFFERSON CITY, MO 65101 505 MISSOURI BLVD F& F DEVELOPMENT L L C 221 BOLIVAR ST JEFFERSON CITY, MO 65101 511 MISSOURI BLVD F& F DEVELOPMENT L L C 221 BOLIVAR ST JEFFERSON CITY, MO 65101 MISSOURI BLVD Page 2 600 Block of Bolivar May 14, 2019 FAIRWAY COMMERCIAL BUILDINGS INC 7750 E HWY A B COLUMBIA, MO 65201 515 W DUNKLIN ST Case No. B19006 600 Block of Bolivar Street Rear Setback Variance Lot Frontage Variance 185 ft. Notification Buffer W 5 0 105 210 420 630 840