Loading...
HomeMy Public PortalAbout2020-10-13 packetNotice of Meeting & Tentative Agenda Jefferson City Board of Adjustment Tuesday, October 13, 2020, 7:30 a.m. John G. Christy Municipal Building, 320 East McCarty Street Council Chambers Per City Council Emergency Proclamation on 7/20/2020 MASKS ARE REQUIRED for "In Person Public Meetings" 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 September 15, 2020 5. Communications Received 6. New Business Public Hearings Case No. B20004 - 701 W High Street; Setback Variance. Application filed by Missouri Local Government Employees Retirement System (LAGERS), property owner, for the following: A 5' variance to the 5' required setback for accessory structures from the rear property line to permit a setback of 0'. The property is described as the Easterly Part of Inlot No. 415 in the City of Jefferson, Missouri. (Central Missouri Professional Services, Consultant). Case No. B20005 - 1207 Elmerine Ave; Setback Variance. Application filed by John & Terri Propst, property owners, for a 7' variance to the 10' side setback to permit a 3'side setback to allow for a building addition. The property is described as Lot No. 37 of Fairmount Place, a subdivision of Outlot No. 94 of the City of Jefferson, Cole County, Missouri. Case No. B20006 - 3600 Country Club; Lot Frontage and Setback Variance. Application filed by Capital Mall JC LLC, property owner, for the following: 1. A Variance for the proposed Lot 1-B and the proposed Lot 11 C to the requirement that lots have frontage on a public street 2. A variance of the required setbacks to permit proposed lot 1-B to be platted around an existing building at a zero lot line setback. The property is described as Part of the South half of Section 4 and Part of the Northeast Quarter of the Northwest Quarter and part of the West half of the Northwest Quarter of the Northeast Quarter of Section 9, all in Township 44 North, Range 12 W, in the City of Jefferson, Cole County, Missouri (Central Missouri Professional Services, Consultant) 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. Case No. B20007 - 1936 Vieth Drive; Amended Conditional Use Permit. Application filed by Public Water Supply District #2, property owner, to amend the approved Conditional Use Permit to allow for a 6,000 sf utility building instead of the approved 3,200 sf utility building. The property is described as Part of the Northwest fractional quarter of Section 2, Township 44 North, Range 12 West, in the City of Jefferson, Missouri. (Central Missouri Professional Services, Consultant). 7. Miscellaneous Reports 8. Other Business A. Election of Officers 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. MEETING MINUTES JEFFERSON CITY BOARD OF ADJUSTMENT September 15, 2020 BOARD MEMBERS PRESENT Andrew Hake, Chairman Jim Crabtree, Vice Chairman Katy Lacy Jamie Seaver Roy Michael, Alternate Adam Cartwright, Alternate BOARD MEMBERS ABSENT Brad Schaefer Sharon Keating, Alternate COUNCIL LIAISON ABSENT Erin Wiseman STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Ian Zollinger, Planner Ahnna Nanoski, Planner Shane Wade, Civil Engineer Don Fontana, Stormwater Engineer Ryan Moehlman, City Attorney ATTENDANCE RECORD 12 of 12 5 of 5 9of12 10 of 12 5 of 7 11 of 12 8of12 11 of 12 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff 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, Crabtree, Lacy, Seaver and Cartwright. Those wishing to speak to the Board were sworn in. 2. Procedures Explained 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 Mr. Crabtree seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Hake, Crabtree, Lacy, Seaver and Cartwright. 4. Approval of Minutes from the Regular Meeting of the August 13, 2020 Ms. Lacy moved and Mr. Crabtree seconded to approve the minutes as printed. The motion passed 5-0 with the following votes: Aye: Hake, Crabtree, Lacy, Seaver and Cartwright. 5. Communications Received None Minutes/Jefferson City Board of Adjustment September 15, 2020 Page 2 6. New Business — Public Hearing Case No. B20003 - 700 Mokane Road; Building Height Variance and Floodplain Variance. Application filed by Jefferson City River Terminal Inc, property owner, for the following: 1. A 60 foot variance to the 60 foot maximum height of a building permitted in the M-2 zoning district to permit a building height of 120 feet. 2. A variance to floodplain regulations that require buildings to be built 1 foot above base flood elevation to permit a building to be built less than 1 foot above base flood elevation. Mr. Fontana explained that the applicants project complies with the 50% floodplain substantial improvement requirement. Therefore, the floodplain variance is not necessary. Mr. Zollinger described the proposal and explained that the property consists of approximately 8.40 acres and is Zoned M-2, General Industrial The applicant is proposing to construct 3 silos at the height of 120 feet. The maximum height of a building permitted in the M-2 zoning district is 60 feet. A variance is needed for the building to be constructed at the proposed height. Mr. Jason Brandsetter, 129 Summerhill Drive, spoke on behalf of Capital Sand Company and Jefferson City River Terminal. He stated the FAA issued a letter that there is no impact to the airport. He explained they are looking to expand their cement storage. The need to go higher is to keep our product out of the flood zone when the water rises. He stated they would like to get started as soon as possible, once approved by Commission. Mr. Zollinger gave the staff report and stated the required findings appear to be met. Silos are specialized in nature; the proposed variance will have a minimal impact on surrounding property owners and will decrease the impact on the floodplain. Staff would recommend approval. Mr. Crabtree inquired about the nature of a scenic easement in place along the Missouri River through this property. Mr. Brandsetter indicated that the terms of the easement are being complied with. Mr. Crabtree moved and Mr. Seaver seconded to approve the variance of a 60 foot variance to the 60 foot maximum height of a building permitted in the M-2 zoning district to permit a building height of 120 feet, subject to compliance with any landscape, vegetation, or scenic easement in place along the Missouri River. The motion passed 0-5 with the following roll call vote: Aye: Hake, Crabtree, Lacy, Seaver and Cartwright. 7. Miscellaneous Reports 8. Other Business Ms. Nanoski gave a presentation on the Comprehensive Plan. 9. Adjournment The meeting was adjourned at 8:15 a.m. Respectfully submitted, Beth Sweeten Administrative Assistant Jefferson City Board of Adjustment October 13, 2020 Case No. 620004 MO Local Government Retirement System 701 West High Setback Variance STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI October 13, 2020 Case No. B20004 - 701 W High Street; Setback Variance. Application filed by Missouri Local Government Employees Retirement System (LAGERS), property owner, for the following: A 5' variance to the 5' required setback for accessory structures from the rear property line to permit a setback of 0'. The property is described as the Easterly Part of Inlot No. 415 in the City of Jefferson, 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 This property consists of an existing professional office approved as a Conditional Use in January of 1993. The property is zoned RA -2 Multifamily. The applicant is seeking approval of a 5' variance to the 5' required setback for accessory structures in order to allow for a solar panel array / vehicle shade structure in an existing parking lot. ZONING AND SURROUNDING LAND USE Tho- crnhii-nt nrnnPrty is 7nned RA -RA -2- j - Surrounding Zoning Surrounding Uses North C -O Offices South C-2 Vacant/Residential/Offices East RA -2 Residential West RA -2 Residential STAFF ANALYSIS The vehicle canopy / solar panel array structure that is proposed would be permitted by the zoning code if located 5 feet back from its current location. FINDINGS REOUIRED 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 X The structure would be located close to the to adjacent property. alley, but far enough removed from adjacent property that effects on air and light would be negligible. Not substantially increase congestion in the X There would be no impact on street public street. congest on. Not increase the danger of fire or endanger the X There would be no impact on danger of fire safety of the public. or safety of the public. Not be unduly injurious to the use and enjoyment of adjacent property. X Other properties are separated by alley right of way. Not substantially diminish property values in the X Other properties are separated by alley right neighborhood. of way. Be in keeping with the general spirit and intent of X The character of the area would be affected the zoning code. to a minor extent, but not substantially more than if the structure were located at the normal 5' setback line. STAFF RECOMMENDATION The requested variance would not increase the danger of fire or increase traffic congestion nor would it have an effect on the supply of light or air to adjacent properties. The use and enjoyment of adjacent properties and impact on property values in the area should be minimal, considering the accessory nature of the structure and the fact that the structure would be located only 5' closer to the street than permitted by code. FORM OF MOTION Motion for approval of the requested variance of 5 feet to the 5 foot rear setback requirement for accessory structures to allow a 0 foot setback. City of Jefferson Board of Adjustment LOCATION MAP \M \T. 4 WA 4t ' e E `r�r ry b ,�� �k `43 �e•1'F �e Case No. 620004 0 azs 175 350 Feet N 701 W. High Street Accessory Structure Setback Variance w +H S City of Jefferson Board of Adjustment VICINITY •� aY O w GUBq.ST ti y' v 5R yC3� „sTRiq� v'Ip'TNFy� _oR � cyq/ ov a � Si•MARYS� } H � H � g z o MISSO�ttU�RI_B�� LVD=o �yson 19y O� 1� 17�s� lly�T SOGry� � � ��RGti mmOQp ��'`<� P�C�jly9y yy� T �j ry 2e INDIANAAVE �Jv \� hy9 9,Q2yy \mg ���m _tee Fm o �yFyHI�C�� � �Rty �.� o \�`h1- _i �j Case No. 820004 701 W. High Street Acessory Structure Setback Variance 0 310 620 1,240 Feet N W+ + E S 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 notarizeed).`u ^ Lo Property Owner Signature Printed Name/Title (type or print) Property Owner Signature Printed Name/Title (type or print) Applicant if different from prop rty owner): Name Mailing Address Phone Number day of .Sep fel,7 Notary Public 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) 6346570 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 City of Jefferson Date fled: Department of Planning 8 Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573.634-6410 icPhinning(WieffeitVmo.om w jeffersoncitymo.gov APPLICATION TO THE BOARD OF ADJUSTMENT The undersigned hereby request(s) the following: ❑ Conditional Use Permit (Section 35-73A, Section 35-71, Site Plan) A Variance (Section 35-736; Section 35-71, Site Plan) ❑ Appeal of Administrative Decision (Section 35-73C) ❑ Chapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit ❑ Chapter 31, Article III, 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). See attached Exhibit A 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: 701 W. High Street B. Property Description: See attached Exhibit B 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 1 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 Exhibit A — Request for Variance to the Setback Requirement Missouri Local Government Employees Retirement System (LAGERS) recently purchased the building at 701 W. High Street. This building was previously used as a medical office for a number of years. Currently, LAGERS headquarters building is located in the block to the north and they plan to use this building as additional office space. It is planned that the rear entrance to the building will be the "Employee" entrance. The owner would also like to make use of a renewable energy source at this facility and have chosen to pursue solar energy. Solar energy will of course require the installation of an array of solar panels with a clear view to the southern sky. After analyzing the site and given the presence of many mature trees on the neighboring properties, the only location which will allow for these solar panels are along the alley right of way line at the rear of the property. This location also would allow the owner to make use of the existing parking in this area by elevating the solar panels with a structure above the parking and would serve as a dual purpose covered parking area. A review of the zoning code indicates that by definition, "Solar Energy Collectors" are considered an Accessory Building. Section 35-51 indicates that an Accessory Building "shall be located not less than five feet from the rear property line.... Accessory structures and buildings located at least 60 feet from the front lot line shall be located not less than five feet from the side property line." The rear property line for this property is also the alley right of way line. City staff has indicated that since this is a right of way line, the setback would need to be 25' for this accessory building. As such, the owner would request a zero (0) feet setback from this alley right of way line in order to install the solar energy collector structure atop the existing parking stalls in this area at the southern facing portion of the property. I 1 I 1 ; I a I A rU +a I . :SvAnosj/ 1:�� J, Cox 1 1 3 44. .Q �N !• i,�• f • � I• H -a}".�'i•"`y�i '. " — — �' ¢ice: �► ��^q+J+�� T— 1'.I i ; ' tl� 1� g�b I •i � ��...YYYYYY\ Ilia ��c��� ������ \��'�\� � _ � r'yd`ya►�.y.� st raj •I eSs I I i � � � a a � � • l; I ' � :I gn ----- d� '---------------------------� I ------ I R I I 1 I T---- I--- 1 1 I 1 �yj�i I»nossm'urmoo 3103'"0 NOSU UN lMriS AH M lOL ® ® q.ig ^ R V z r u c> 10199 Mossm *)= x0 ,•�. 1 { S1a6el unOSStW :1N311`J - Q o H O c +ss "�"''" 3 a `� `' �� JNKnin8 301330 M3N U -3u] � ' is uo>Issa unoss��s ua sa�tn o�� S t� 3 d is 3 SH30V I whosslw I 1 I 1 ; I a I A rU +a I . :SvAnosj/ 1:�� J, Cox 1 1 3 44. .Q �N !• i,�• f • � I• H -a}".�'i•"`y�i '. " — — �' ¢ice: �► ��^q+J+�� T— 1'.I i ; ' tl� 1� g�b I •i � ��...YYYYYY\ Ilia ��c��� ������ \��'�\� � _ � r'yd`ya►�.y.� st raj •I eSs I I i � � � a a � � • l; I ' � :I gn ----- d� '---------------------------� I ------ I R I I 1 I T---- I--- 1 1 I 1 �yj�i 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)) PropertyAddress701 W. High Street Applicant Name Missouri Local Government Employees Retirement System (LAGERS) 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? No, the proposed Solar Support Structure is located at the rear of the property along the existing Alley Way and away from the adjacent properties. The structure is open on the sides and will allow for air flow. The structure is designed to cover parking spaces and provide shade and shelter for the on-site parking, but should not affect light to the adjacent properties. 2. Would the proposed variance substantially increase congestion on the public street? No, this variance would not affect congestion on the public street. 3. Would the proposed variance increase the danger of fire or endanger the safety of the public? No, it is not anticipated this variance could in any way increase the danger of fire or endanger the safety of the public. 4. Would the proposed variance be unduly injurious to the use and enjoyment of the adjacent property? No, it is not felt that this variance would be unduly injurious to the use and enjoyment of the adjacent properties. 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? No, there is no evidence this variance would substantially diminish property values in the neighborhood. This project will clean up and rehab this site and if anything will increase the property values in the neighborhood. 6. Would the proposed variance be in keeping with the general spirit and intent of the Zoning Code? The zoning code makes numerous references to "Solar Energy Collectors," which is the subject of this variance. The location proposed for these collectors is the only location they can be placed which will allow them to function properly based upon access to the sun and placement to work with the parking lot layout. It is felt the zoning code supports this type of structure. 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? No. EXHIBIT B - PROPERTY DESCRIPTION THE EASTERLY PART OF INLOT NO. 413, IN THE CITY OF JEFFERSON, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID INLOT NO. 413; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID INLOT, 43 FEET; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID INLOT, 198 FEET 9 INCHES TO THE SOUTHERLY LINE OF SAID INLOT; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID INLOT, 43 FEET TO THE SOUTHEASTERLY CORNER THEREOF: THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID INLOT, 198 FEET 9 INCHES TO TIIE BEGINNING POINT OF THIS DESCRIPTION. ALSO, INLOT NO. 414, IN THE CITY OF JEFFERSON, MISSOURI. ALSO, THE NORTHERLY PART OF INLOT NO. 415, IN THE CITY OF JEFFERSON, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID INLOT NO. 415; THENCE SOUTHERLY ALONG THE EASTERLY LINE THEREOF, 52 FEET; THENCE WESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID INLOT, I04 FEET 4 1/2 INCHES TO THE WESTERLY LINE THEREOF; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID INLOT, 52 FEET TO THE NORTHWESTERLY CORNER THEREOF; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID INLOT, I04FEET 41/2 INCHES TOTH E BEGINNING POINTOFTHIS DESCRIPTION. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 icolannina(Wieffcitvmo. ora www.Jeffersoncitymo.gov Project Information (Please use additional sheets if necessary) Name of Project Missouri Lagers Building Renovation Location/Address 701 W. High Street Submitted by Brian K. McMillian, PE, CMPS Inc. Applications Submitted (Check box) ❑P&Z: ❑Zoning Amend ❑Comp Plan Amend ❑Special Exception ❑PUD ❑Sub. Plat ❑Annexation X BOA: ❑CUP i$iVariance ❑Appeal Consultant(s) (List lead consultant and all others who are responsible for major project elements) Lead Consultant Name Jay Berendzen Firm Name Porter, Berendzen & Assoc. PC Address P.O. Box 446, Ashland, MO 65010 Telephone Number 573-657-2022 Fax No. E -Mail jay@pba-architecture.com Consultant Name Brian K. McMillian, PE Firm Name CMPS Inc. Address 2500 E. McCarty St., Jefferson City, MO 65101 Telephone Number 573-634-3455 1 Fax No. 573-634-8898 E -Mail bmcmillian@cmps-inc.com Consultant Name Firm Name Address Telephone Number Fax No. E -Mail Property Owners/Applicants (List owner; Mark "X" next to the name of the primary contact) X I Owner Name Missouri Local Government Employees Retirement System (LAGERS) Address PO Box 1665, Jefferson City MO 65102 (p.o.c Sheila Reinsch) Telephone No. 573-632-6351 Fax No. E -Mail SReinsch@molagers.org Applicant Name Address Telephone No. Fax No. E -Mail 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 3 of 10 City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 September 30, 2020 Dear Property Owner: Carrie Terpin, Mayor Sonny Sanders, AICP, Director Phone: 573-6346410 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, October 13, 2020 in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business: Case No. 620004 - 701 W High Street; Setback Variance. Application filed by Missouri Local Government Employees Retirement System (LAGERS), property owner, for the following: 1. A 5' variance to the 5' required setback for accessory structures from the rear property line to permit a setback of 0'. The property is described as the Easterly Part of Inlot No. 415 in the City of Jefferson, 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, October 12, 2020 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.Feffersoncitvmo.00v/_qovernment/planning/board of adiustment.php If you have any questions concerning this matter, please feel free to contact me at 573-634-6475. Sincerely, 2 Eric Barron Planning Manager Per City Council Emergency Proclamation on 7/20/2020 MASKS ARE REQUIRED for "In Person Public Meetings' 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. B20004 EUBANK, TIMOTHY B & LISA S 229 HUNTERS RUN RD JEFFERSON CITY,M065109-6220 800WHIGH ST SLICE THE PIE L L C 810 WILDWOOD DR #96 JEFFERSON CITY,MO65109 211 CLAY ST . MISSOURI ACADEMY OF FAMILY PHYSICIANS 722 W HIGH ST JEFFERSON CITY,MO65101 722 W HIGH ST WARREN, DENNIS L 720 W HIGH ST JEFFERSON CITY,MO65101 720 W HIGH ST REAGAN, MICHELLE R 718 W HIGH ST JEFFERSON CITY,M065101 718WHIGH ST VANCAMP, DOUG & CYNTHIA 714WHIGH ST JEFFERSON CITY,M065101 716 W HIGH ST VANCAMP, DOUGLAS L & CYNTHIA H 1118 MOREAU DR JEFFERSON CITY,M065101 714 W HIGH ST MISSOURI LOCAL GOVERNMENT EMPLOYEES RETIREMENT SYSTEM 1913 WILLIAM ST JEFFERSON CITY,M065109 712WHIGH ST STEWART, KYLE & ELIZABETH 732 HOBBS RD JEFFERSON CITY,M065109 700WHIGH ST 701 W High 1 October 13, 2020 TICHELKAMP, GARY W &LINDA A 919 COUNTRY RIDGE DR JEFFERSON CITY,MO65109 224 BOLIVAR ST WAGERS, VICKIE D 222 BOLIVAR ST JEFFERSON CITY,M065101 222 BOLIVAR ST T& T HOLDINGS L L C 5150 RAITT RD HARTSBURG,M065039 220 BOLIVAR ST MISSOURI LOCAL GOVERNMENT EMPLOYEES RETIREMENT SYSTEM 1913 WILLIAM ST JEFFERSON CITY,M065109 218 BOLIVAR ST BOLIVAR STREET L L C DICK OTKE CONSTRUCTION CO 604 MISSOURI BLVD CT #D JEFFERSON CITY,MO65109 221 BOLIVAR ST MO HWY & TRANSPORTATION COMM PO BOX 718 JEFFERSON CITY,M065102 W MAIN ST CITY OF JEFFERSON FIRE STATION 320 E MCCARTY ST JEFFERSON CITY,M065101 621 W HIGH ST OAKBROOK PROPERTIES L L C 320 NISHODSE BLUFF RD JEFFERSON CITY,M065101 W MCCARTY ST SIMS, WILLIAM DOUGLAS TRUSTEE 330 BOLIVAR ST JEFFERSON CITY,M065101 Jefferson City Board of Adjustment Property Owner List Case No. B20004 HOMETOWN INVESTMENT PROPERTIES PO BOX 1802 JEFFERSON CITY,M065102 328 BOLIVAR ST WANSING, FRANKLIN G 310 BOLIVAR ST JEFFERSON CITY,MO65101 310 BOLIVAR ST JEFFERSON CITY DISTRIBUTORS INC 301 CONSTITUTION DR JEFFERSON CITY,M065109 710 W MCCARTY ST JEFFERSON CITY DISTRIBUTORS INC 301 CONSTITUTION DR JEFFERSON CITY,M065109 712 W MCCARTY ST RADEMANN, EDWIN A & JUDY A TRUSTEES 4820 RAINBOW HILLS RD JEFFERSON CITY,M065109 716 W MCCARTY ST HOEY, NANCY & JOHN 2505 E SCHELLRIDGE RD JEFFERSON CITY,M065109 718 W MCCARTY ST LOWPRO L L C 2220 CEDARBROOKE DR JEFFERSON CITY,M065109 720 W MCCARTY ST PLEUS AUTO PROPERTIES LLC 4105 CATALINA DR JEFFERSON CITY,M065109 730 W MCCARTY ST MCCLURE, MATTHEW B & HEATHER D 311 CLAY ST JEFFERSON CITY,MO65101 311 CLAY ST 701 W High SILVEY, ED 1922 SUN MEADOW LN JEFFERSON CITY,M065109 309 CLAY ST SCHRIMPF, STEVEN 2820 BRUSH CREEK CT JEFFERSON CITY,M065109 308 BOLIVAR ST KALUG I NA, SVETLANA 306 BOLIVAR ST JEFFERSON CITY,M065101 306 BOLIVAR ST BRYAN, JOSEPH T 304 BOLIVAR ST JEFFERSON CITY,M065101 304 BOLIVAR ST LUTHER, M SUZANNE 719 W HIGH ST JEFFERSON CITY,M065101 719WHIGH ST MAXSAMUM SUPPLIES L L C PENNY MUELLER 21201 S BELFRY CT HARTSBURG,M065039 723 W HIGH ST SCHIERHOFF, JUDITH A 305 CLAY ST JEFFERSON CITY,MO65101 305 CLAY ST BODE, MARY L SPRATT, JAALA ARNEL, BRIA 307 CLAY ST JEFFERSON CITY,M065101 307 CLAY ST 2 October 13, 2020 Jefferson City Board of Adjustment 3 Property Owner List Case No. B20004 701 W High October 13, 2020 LUTHER, MERRIE SUZANNE 719WHIGH ST JEFFERSON CITY,MO65109 725 W HIGH ST KIVETT, FLORENCE A 727 W HIGH ST REAR JEFFERSON CITY,MO65101 727 W HIGH ST FECHTEL PROPERTIES L L C 801WHIGH ST JEFFERSON CITY,MO65101 801 W HIGH ST Case No. B2000 701 W. High Street Accessory Structure Setback Variance 185 ft. Notification Buffer N W+E S 0 40 00 160 240 320 Feet Jefferson City Board of Adjustment October 13, 2020 Case No. 620005 John and Terri Propst 1207 Elmerine Avenue Setback Variance STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI October 13, 2020 Case No. B20005 - 1207 Elmerine Ave; Setback Variance. Application filed by John & Terri Propst, property owners, for a 7' variance to the 10' side setback to permit a 3'side setback to allow for a building addition. The property is described as Lot No. 37 of Fairmount Place, a subdivision of Outlot No. 94 of the City of Jefferson, Cole County, 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 The property consists of a single family residential home located within an established residential neighborhood. The property owners desire to construct an addition to the house on the side of the structure. In order to accommodate the proposed addition, the property owner has applied for a variance to the side setback requirement. ZONING AND SURROUNDING LAND USE The subject nronertv is zoned RS -3 Single Familv Residential. STAFF ANALYSIS The home was constructed in 1920. The property has been zoned for residential use since the 1940's. The RS -3 zoning district requires lots to be a minimum of 8,000 sf and have a minimum width of 70 feet. The setbacks for the RS -3 zoning district are 25' in the front 30' to the rear and 10' on each side. The subject lot has an area of 16,250 sf, which is higher than the required 8,000 sf minimum contained within the current zoning code. The existing house sits at a setback of 13' 4". 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 adherence to the provisions hardship? difficulties unique to this property which under strict and literal of the zoning regulations would cause the applicant an unnecessary 2. Would the appearance and value of surrounding properties be damaged if the variance is granted? Finding Surrounding Zoning Surrounding Uses North RS -3 Single Family Residential South RS -3 Single Family Residential East RS -3 Single Family Residential West RS -3 Single Family Residential STAFF ANALYSIS The home was constructed in 1920. The property has been zoned for residential use since the 1940's. The RS -3 zoning district requires lots to be a minimum of 8,000 sf and have a minimum width of 70 feet. The setbacks for the RS -3 zoning district are 25' in the front 30' to the rear and 10' on each side. The subject lot has an area of 16,250 sf, which is higher than the required 8,000 sf minimum contained within the current zoning code. The existing house sits at a setback of 13' 4". 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 adherence to the provisions hardship? difficulties unique to this property which under strict and literal of the zoning regulations would cause the applicant an unnecessary 2. Would the appearance and value of surrounding properties be damaged if the variance is granted? Finding Yes No I Comments Not eliminate an adequate supply of light or X The setback variance request is minimal and the air to adjacent property. use of the adjacent property in the vicinity of the setback request is side yard area. The effect on li ht and air should be negligible. Not substantially increase congestion in the X The requested variance would have no effect on public street. I street congestion. Finding Yes No Comments Not increase the danger of fire or endanger X The setback request variance is minimal, and there the safety of the public. are no nearby structures on the adjacent property. Not be unduly injurious to the use and X The effect on the adjacent property should be enjoyment of adjacent property. minimal as the variance is minimal. Not substantially diminish property values X The character of development in the area would in the neighborhood. be unaffected, and the setback variance would permit the property owner to enjoy their property in a similar manner enjoyed by adjacent property owners. Be in keeping with the general spirit and X The addition would in keeping with the general intent of the zoning code. architecture of others homes in the neighborhood. STAFF RECOMMENDATION The required findings appear to be met. The setback variance is requested in order to permit a building addition. In order to construct the proposed addition a side setback variance is needed. The subject lot is larger than what is required for the district. The setback variance would not create any obvious safety concerns or major impacts on the use of adjacent property. FORM OF MOTION Motion for approval of the requested variance of 7 feet to the 10 foot side setback to permit a side setback of 3 feet City of Jefferson Board of Adjustment LOCATION MAP �' "� �, ..��jl�, .:ter. ��►le a t-: _. -r- MORELq � =SLIE-BLVD Case No. B20005 0 30 160 320 Feet N 1207 Elmerine Avet Side Setback Variance w � S City of Jefferson Board of Adjustment VICINITY 230 460 920 Feet Case No. 620005 1207 Elmerine Ave Side Setback Variance N W+E S City of Jefferson Date filed Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 jcplanninq(�leffcitymo. or_q www.jeffersoncitymo.gov APPLICATION TO THE BOARD OF ADJUSTMENT The undersigned hereby requests) the following: CI Conditional Use Permit (Section 35-73A; Section 35-71, Site Plan) X Variance (Section 35-736; Section 35-71, Site Plan) 1-7 Appeal of Administrative Decision (Section 35-73C) 11 Chapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit I 'I Chapter 31, Article III, Floodplain Management; Variance to Flood Hazard Regulations Cl 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). Add a ID'X12Tu"ROf ilI0n fry N, e- ,Laz,� 5j�)e ajZD7 4ImElc rJF Agip- A"' A,u w.`/1 d e a Ad,// &N ror 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: %Ave., - e C ' AW B. Property Description: I -et 44, 37 c7 &ir w oodtP. /4 ;&ik iyigy,-1y a+.tTlaT"" OT e 611v 64 lk7;,Wl v$I. cc%z,21anIf IVMa_ , actorCA�9 TZ' /�/cT.,7�/�eto�^vl �H P/'4" ,OrrR, .� of sn ' � 3 (, jE 6c h fv/ R cc,^�lcr'S �fefj;4d�;"conditional4. A site p an in ccordance with `Sect on 5-71 is requr 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 — Addendurn 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 k. Variance to Floodplain Regulations — Addendurn 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 notarized). L^— . J d A vt E � + . 5 Property wner Signa ea Printed Name/Title (type r print) Property bwner Signature Printed Name/Title (type or print) Subscribed and sworn befo e e this day of 0�00� SAMUEL G. WOODSON Notary Public - Notary Seal STATE OF MISSOURI County of Cole Notary Public My Commission Expires 12!6/2022 Commission # 18338693 Applicant (if different from prop rty 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 To the Jefferson City Board of Adjustment: We wish to construct a 10' x 12'9"addition to the East side of our house located at 1207 Elmerine Avenue in Jefferson City. This addition will be used for a full bathroom on the main floor of our 2 -story house. At the present time, we only have a very small half bath on the main floor. We are both 68 years of age. Each year it gets harder and harder to climb the steps to the full bathroom and our bedroom on the second floor. Our plan, when the time comes, is to convert our main floor family room into our bedroom. We wish to remain in our home of 33 years as long as possible. This construction project is our plan for the future. John E. Propst .9p Terri L. Propst ?--10 -'- 20 Date 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 JZ0heerj'AeAve,ieisoo Mo 0613� Applicant Name A 0 1 %e1'ri PrO1251-- 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? 2. Would the proposed variance substantially increase congestion on the public street? NO 3. Would the proposed variance increase the danger of fire or endanger the safety of the public? NO 4. Would the proposed variance be unduly injurious to the use and enjoyment of the adjacent property? //VO Jefferson City Board of Adjustment Application Addendum A — Density and Dimensional Standards Page Z 5. Would the proposed variance substantially diminish property valueS in the neighborhood? No 6. Would the proposed variance be in keeping wth the general spirit and intent of the Zoning Code? %S 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? �lQh n 4 7-rril �- %3a�tiroo� f���ifioh'1Ox12.1q" /20 r7 priHe ve , jp�Prsoh s :ZL 7'o Aroperfz ,4"v< t- AY f3rr� lC l4e fay h r_T ,:a e To the Jefferson City Board of Adjustment: I have no objection to the construction of an 10' by 12'9" bathroom addition on the East side of 1207 Elmerine Ave., a house owned by John and Terri Propst. Zora Mulligan 1209 Elmerine Ave. Jefferson City, MO 65101 Legal Description For File No. 65416 LOT NO. 37 OF FAIRMOUNT PLACE, A SUBDIVISION OF OU'TLOT 140.94 OF THE CITY OF rEF'FERSON, COLE COUNTY, MO., ACCORDING TO PLAT OF RECORD IN PLAT BOOK 2, AT PAGE 23, COLE COUNTY RECORDER'S OFFICE. 1207 i0imPr;1le Ave, JC mo 1 1 1 City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 jcplanning(a)jeffcitymo. ory www.jeffersoncitymo.gov Project Information (Please use additional sheets if necessary) Name of Project JJ� /r j( 2' ;,,.L prt 1 d W dIOYS Location /AddressQ ,• ` ;,�e, J PN101 Submitted by JOAil / err' -pro � Applications Submitted (Check box) ❑P&Z: ❑Zoning Amend FjComp Plan Amend []Special Exception []PUD ❑Sub. Plat ❑Annexation ❑ he A: ❑CUP WVariance ❑Appeal Consultant(s) (List lead consultant and all others who are responsible for major project elements) Lead Consultant Name j]' =Firm Name ,s '�,, , Address ► p $ h ' Q G Telephone Number- — Fax No. F/V/o E -Mail Ale) n Consultant Name Firm Name Address Telephone Number Fax No. E -Mail Consultant Name Firm Name Address Telephone Number Fax No. E -Mail Property Owners/Applicants (List owner; Mark "X" next to the name of the primary contact) Owner Name Address Telephone No. Fax No. E -Mail Applicant Name Address Telephone No. Fax No. E -Mail 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 3 of 10 City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 September 30, 2020 Dear Property Owner: Carrie Terpin, Mayor Sonny Sanders, AICP, Director Phone: 573-6346410 Fax: 573.6346562 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, October 13, 2020 in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business: Case No. 620005 - 1207 Elmerine Ave; Setback Variance. Application filed by John & Terri Propst, property owners, for a 7' variance to the 10' side setback to permit a 3'side setback to allow for a building addition. The property is described as Lot No. 37 of Fairmount Place, a subdivision of Outlot No. 94 of the City of Jefferson, Cole County, Missouri 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, October 12, 2020 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: htto://www.ieffersoncitymo.qov/government/planning/board of adiustment.php If you have any questions concerning this matter, please feel free to contact me at 573-634-6475. Sincerely, 4!!�/uL &7/ZZ Eric Barron Planning Manager Per City Council Emergency Proclamation on 7/20/2020 MASKS ARE REQUIRED for "In Person Public Meetings" 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 1 Property Owner List Case No. B20005 1207 Elmerine Ave October 13, 2020 MILLS, LEWIS R & STACIA TOEBBEN, SUSAN 1119 MOREAU DR 1203 ELMERINE AVE JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 1119 MOREAU DR 1203 ELMERINE AVE STURDEVANT, CRAIG MORGAN & DELONG, FREDERICK JOSEPH III TRUSTEES 1109 MOREAU DR RUTH CAROL JEFFERSON CITY, MO 65101 1201 MOREAU DR 1109 MOREAU DR JEFFERSON CITY, MO 65101 1201 MOREAU DR DELONG, FREDERICK JOSEPH III 1113 VINEYARD SQ CLEMENTS, ROBBIE & ELWOOD, LAURIE JEFFERSON CITY, MO 65109 1203 MOREAU DR 1111 MOREAU DR JEFFERSON CITY, MO 65101 1203 MOREAU DR DELONG, JANICE A & BRYAN, JULIE A TRUSTEES BIELSKI, BEN WALTER JR & 1202 ELMERINE AVE MOZELLE DELONG JEFFERSON CITY, MO 65101 1117 MOREAU DR 1202 ELMERINE AVE JEFFERSON CITY, MO 65101 1117 MOREAU DR BROWN, KENNETH E & JOAN K 1204 ELMERINE AVE MUELLER, ALLAN G & CAROL A JEFFERSON CITY, MO 65101 1205 ELMERINE AVE 1204 ELMERINE AVE JEFFERSON CITY, MO 65101 1205 ELMERINE AVE HOFHERR, PETER W & BETH REEDS 1208 ELMERINE AVE MULLIGAN, ZORA JEFFERSON CITY, MO 65101 1209 ELMERINE AVE 1208 ELMERINE AVE JEFFERSON CITY, MO 65101 1209 ELMERINE AVE NAUGHT, JEFFREY RICHARD & KRISTINA LYNN SMITH, TONY P & JENNY L 1212 ELMERINE AVE 1211 ELMERINE AVE JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 1212 ELMERINE AVE 1211 ELMERINE AVE EICKHOFF, DALE & SHAE MARIE MURRAY, KEVIN A & JUDY M 1214 ELMERINE AVE 1213 ELMERINE AVE JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 1214 ELMERINE AVE 1213 ELMERINE AVE 41 ,o -1oz �i m 17, If ---- !!mn 'IF Jefferson City Board of Adjustment October 13, 2020 Case No. 620006 Capital Mall JC LLC 3600 Country Club Lot Frontage and Setback Variance STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI October 13, 2020 Case No. B20006 - 3600 Country Club; Lot Frontage and Setback Variance. Application filed by Capital Mall JC LLC, property owner, for the following: 1. A Variance for the proposed Lot 1-B and the proposed Lot 11 C to the requirement that lots have frontage on a public street 2. A variance of the required setbacks to permit proposed lot 1-B to be platted around an existing building at a zero lot line setback. The property is described as Part of the South half of Section 4 and Part of the Northeast Quarter of the Northwest Quarter and part of the West half of the Northwest Quarter of the Northeast Quarter of Section 9, all in Township 44 North, Range 12 W, in the City of Jefferson, Cole County, Missouri (Central Missouri Professional Services, Consultant) NATURE OF REQUEST The purpose of the request is to accommodate a replat of the Capital Mall Subdivision by obtaining the necessary variances. The Capital Mall was developed in the late 1970's, but was never formally divided into lots and outlots. A development agreement approved by the City Council in 2013 permitted the property owner to divide the property into several lots based on existing tax parcel boundaries and outlined a plan that would require the owner to submit a formal subdivision plat at a future date. A Special Exception Permit and rezoning plan approved by the Planning and Zoning Commission in 2015 outlined the creation of several additional outlots and a final subdivision plat was approved in 2017. A Replat of the Capital Mall Subdivision is currently being processed by the Planning and Zoning Commission and will be heard by the commission at the regularly scheduled meeting on October 150, 2020. ZONING AND SURROUNDING LAND USE The subject property 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. Street frontage is also important in order to allow for a property to display signage along the street. The developer put in place easements and covenants that allows for vehicular access and utility access between the properties in the development. With utility/access easements and shared signage in place, the need for street frontage is reduced. FINDINGS REQUIRED Please refer to the handouts 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? Surrounding Zoning Surrounding Uses North C-1 Capital Mall South C-2 Commercial East C-2 Capital Mall West PUD Commercial retail 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. Street frontage is also important in order to allow for a property to display signage along the street. The developer put in place easements and covenants that allows for vehicular access and utility access between the properties in the development. With utility/access easements and shared signage in place, the need for street frontage is reduced. FINDINGS REQUIRED Please refer to the handouts 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 X The requested variance would not have an to adjacent property. effect on light or air. Not substantially increase congestion in the X Cross access agreements are in place for public street. the development. There would be no traffic congestion created by the proposed variance. Not increase the danger of fire or endanger the X There would be no increase in the danger safety of the public of fire by the proposed variance. Not be unduly injurious to the use and X The property was developed as a enjoyment of adjacent property. commercial center and access agreements are in place. The proposed variance should not have an effect on the use of adjacent property. Not substantially diminish property values in X The property was developed as a the neighborhood. commercial center and access agreements are in place. The proposed variance should not have an effect on property values in the area. Be in keeping with the general spirit and intent X While street frontage is a key requirement of the zoning code. of the Zoning Code, agreements and easements are in place to ensure utility and vehicular access to all properties. STAFF ANALYSIS OF REQUIRED FINDINGS The required findings appear to be met. The applicant has submitted evidence that agreements are in place regarding utility and vehicular access for the property and signage for the landlocked parcel can be accommodated. FORM OF MOTION Motion for approval of following: 1. Motion to approve the variance for the proposed Lot 1-B and the proposed Lot 11 C to the requirement that lots have frontage on a public street 2. Motion to approve the variance of the required setbacks to permit proposed lot 1-B to be platted around an existing building at a zero lot line setback. s slaeq;ag aea�j pue;uo.i j ay; ao; pue M a6e;uoi j;o-I jo;;uowjinbaj aq; jo; saauepen + m anua qnj8 C;unoo 009E N a2j096 oec ocz o 9000Z8'ON Dse8 _ and m - --dam 0— ama iana�siw --- 09 AMH-�. A 9 and � � -� Id�NVWf1a W �4, j a n a7:� m O' Ou A / > DO D VNOZVWb 3 - m pD I�OA79-Nt�an. a% - �r and 6dsi � 1 J �t 1 d`dW NOLLV001 luewlsnfpy jo pjeo8 uos.ioijor }o Aim Clay of Jefferson Date filed: Department of Planning $ Protective Services 320 E. McCarty Street Jefferson Clay, MO 65101 Phone: 573-63¢6410 1c,o1ann1ng@LeflcLM9.W www.jeffersoncitymo.gov 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 35-738; Section 35-71, Site Plan) ❑ Appeal of Administrative Decision (Section 35-73C) ❑ Chapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit ❑ Chapter 31, Article III, 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 1-B and Lot 11-C - Variance for required frontage on a public street. Lot 1-B - Variance of the required front and rear setback. 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: 3600 Country Club Drive B. Property Description: Lot 1 and Lot 11 of Capital Mall Subdivision as recorded in Plat Book 12, Page 847, Cole County Recorder's Office 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 1 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 notarized). , Property Owner Signature Printed Name/Title (type or print) Property Owner Signature Printed Name/Title (type or print) Subscribed and sworn before me this day of 20 z -UO FK1ME3ERLY MARIE QUIROUET ary Public -Notary Seal TATE OF MISSOURI issioned for Cole County ota Public My Commission Expires: February 14, 2021 ry ID #43398608 Applicant if different from prop rty 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 IN Americans w1fh Disabilities Act. Please allow three business days to process the request. Page 2 of 10 I ! rA LOT 1-B N o+••wwrrr.�r.wr�r..,Awrr.A.trrtr+rrxf.uc..r.rr.r«rw T-Wwrsr..ef4rr.pW...rrrwlW Wrrr9r7hr Adrr. N.. IM ACAS 11.50 AGS u LOT 1-A f , u rr�sfu.r.t.evrew..rrrr..r..ar««r «rwlawro.rr.. c.r• + �'.( A§ 1 r.rr .J rM,r...rrL1.wl.wwlrw,Iw.wlrL.r. d.r,r r.r Crtgw Ab.tr..nl rr..rN +•Ja. ' w7eorWr • 1 Capital Mall JC1, LLC CAPITAL MALL BU;L0ING YCpro - Bk. 637, pg. 453 J (LOT 1) i w!"`'+ti = CAPITAL MALL SUBDIVISION P.B. 12, PG. 847 I L..gar.rr.ayr,....x rr.rc.r. arr i� � + dYrrR.rMrt.tr/MMIIr..I .I.f.t«AM f f,.t.r.v W a,r4.a.Ab«w Ao..1..rw •• •, y a �~ _ NE 1 4, NW 1 4 — — — •�.....r_~r z— a♦�'1 ��------F-r------� / / �— r SEC. 9, T44N, R 12W I J — — _ urb T.R,Iti. 1. •,dnrrs\L�IOtr '•' N 5 1. 1 ICL tir • uir fr,w r'w/. ,s : '• u r.� c. ..� l r, � � I I � b.r..IM.a►c LJr.. e.rw A. ACP asvr n\o.c waa .rw eirarlbrrrawn.rw.rrr.. ................... '....................................... ...... - ..............------ r f. j : b/ _ � � r 1rr� ��O� ��� a l�i►r\J ar r _ __ 8 '� N AM$3 �J r +• r rnr a npiir. « .0 fl 'Ilk L inch w 60 feat 1 '+rrr Mfrs • , ri I O w 00 120 too cw..ar .,r � 4i k (QnyrM asAM - Mt j i, ! rrr Mr ws or w,wn wlemo.awrt rrrr /! ~ •r•►r'� •� ♦ LOT 10 +t�"rrn` OrC"ri Moor ,wC—.. "` • m• r+....r M..vrrrrr.c.. / �\ '•, to 1 rtKwer, .L trr. .tuer� orw tr.w fA i�.r.`. M r•r...+ � I : : ear b. •►i ♦ n.. l.r.. .'' . •' ""A' r+r Lrrr c..w ti ' r I�IDRf cdincAtt arr v mw o.•draxt.uc LOT l)m. « rtt i . > .. Rt� ..... A+ r.0«w .n.oas 1rrrr.q..rrr.rrww.r�.wnre cow ooat r �r4 S V. •l IL K Nr �-' • • .w.I. ttWISirIrGLLG.rttMhr.. _ a , �' '~ r`r \ ♦ ¢I .rrwrar«r.re.rrr �'r r r ~ J ay� I`p�S LOT 8 t • usI ..I --m= /w.. 0 ,as -n Il�'TtiurlCu,A/Wwr # r�V 1A J •At •l 13, Nr F� i.........., �,` • ~_r 11rrif.ir.IMYMY M'Yw Nr.r+ wwr. p.r �. «M -� ' rrrrr ►�i"r q r. a� t : '••� ■ 4AK w LOT B ri rr.�aaa ....rr wwrrl.. .0L A!♦ta Ar.. "b!r .,y �T •U.. - fJr v. .- - -. .....".........:...•....... -----•--...... .................... -Vin•,,. - •,............... d0 \ . .. ....................................................... "". ___.__ ". - --. .....""....., ....I....... ... .... ... .._.. ".........-- -.- ..... i«oe........� .. � In.....r� a LS257BNNCIN - RMINC - MA SAIS Tr-gTINC�n _ antra Lssonrt nal c. ELWNC Ti.R 4.......1h v s > ----------- om t Meu,m fmfeel w",aoCottonpKBR rt1►[R30N lm. Yu00Vit1 00Iot rA. nt$ a71 -q7. I "'« « w COMM CLUB OWE (OW us erA. b. lot S.." C -e 5"d'' A REPEAT Of LOT 1 OF CAPtfAL AIA11 SU80l1iIS10N ,wd �._,,, w �' w�� w w e •r Country Club Dr., & West inanot Blvd.. Jefferson City, Mo. ns In" Fm capital Atoll JCI, LLC, �-----------Cr-1T — — — — — — — — r — — moi- — — M.r.na 3rwcK Ytc 6QSL N. 1010 fin w mIW n'.W .s n1Ll 70.l oC f ---- I nr..rn steme«wtre. a m r Rs/ew I .m I at I-- %.3�2.•j$ +`.�,.rV ; 0 'n "�!:' ; ; � • �/ J •..• JC � rF m'. SOUTH HALF SEC. 4, T44N, R12W A REPLAT OF LOT 1 OF CAPITAL MALL SUBDIVISION --------------- in the City of Jefferson, Cole County, Missouri, ZONED C-2 fl � I i i t ' �crr' w.a.wrM C rJ k o. l I I w w' ar arrr.M«n Mt 1i.Pw8d?'Oat Oer4 I J.C. P£NNL-Y BUILDING I ' /ff LOT 11 R - �., BeNm C -I , •• ), K Nr 'i� horJ �- — — Jaw.1� rrrrwMlr,l,l.eW­aM 4tn n .+: 4 �!!�'' / ;'•'^«pp I I I.I wavaee.lrr w ra�rwwr..n.+.r.a+oteMGift WaMtr h/�rWl�wWaW r.M'.r YlM wbltra GAI,Y m t JC1.l LC.br Mtp fnA t/Y 1I. rlttr I ( ` "� :+ rleb b.. oAk 1. Pok w,rrr, r..r..trr wQw a wq.r /iwrjdwmS r aan an 1r .rAAOWMI—ARMATOr Lot ld CAMAL MAtl SUBOMSM .................. ........: — I L m «"1NL� uwrwiWt xr40—P«bl. WMraw—aryrL y O,�r`� frr � I y- 1'^ • fir'. - r w G/rfN Wll JC1.l1G.Yrw W YebarOrl — � FA..r..A.+ '`! aT0.01's'C lraar— •,/.\�-------------� I erg wr `I '�i._. ��', � — •— — — — — -! 1 r �ti , STAR fI INdf f rA LOT 1-B N o+••wwrrr.�r.wr�r..,Awrr.A.trrtr+rrxf.uc..r.rr.r«rw T-Wwrsr..ef4rr.pW...rrrwlW Wrrr9r7hr Adrr. N.. IM ACAS 11.50 AGS u LOT 1-A f , u rr�sfu.r.t.evrew..rrrr..r..ar««r «rwlawro.rr.. c.r• + �'.( A§ 1 r.rr .J rM,r...rrL1.wl.wwlrw,Iw.wlrL.r. d.r,r r.r Crtgw Ab.tr..nl rr..rN +•Ja. ' w7eorWr • 1 Capital Mall JC1, LLC CAPITAL MALL BU;L0ING YCpro - Bk. 637, pg. 453 J (LOT 1) i w!"`'+ti = CAPITAL MALL SUBDIVISION P.B. 12, PG. 847 I L..gar.rr.ayr,....x rr.rc.r. arr i� � + dYrrR.rMrt.tr/MMIIr..I .I.f.t«AM f f,.t.r.v W a,r4.a.Ab«w Ao..1..rw •• •, y a �~ _ NE 1 4, NW 1 4 — — — •�.....r_~r z— a♦�'1 ��------F-r------� / / �— r SEC. 9, T44N, R 12W I J — — _ urb T.R,Iti. 1. •,dnrrs\L�IOtr '•' N 5 1. 1 ICL tir • uir fr,w r'w/. ,s : '• u r.� c. ..� l r, � � I I � b.r..IM.a►c LJr.. e.rw A. ACP asvr n\o.c waa .rw eirarlbrrrawn.rw.rrr.. ................... '....................................... ...... - ..............------ r f. j : b/ _ � � r 1rr� ��O� ��� a l�i►r\J ar r _ __ 8 '� N AM$3 �J r +• r rnr a npiir. « .0 fl 'Ilk L inch w 60 feat 1 '+rrr Mfrs • , ri I O w 00 120 too cw..ar .,r � 4i k (QnyrM asAM - Mt j i, ! rrr Mr ws or w,wn wlemo.awrt rrrr /! ~ •r•►r'� •� ♦ LOT 10 +t�"rrn` OrC"ri Moor ,wC—.. "` • m• r+....r M..vrrrrr.c.. / �\ '•, to 1 rtKwer, .L trr. .tuer� orw tr.w fA i�.r.`. M r•r...+ � I : : ear b. •►i ♦ n.. l.r.. .'' . •' ""A' r+r Lrrr c..w ti ' r I�IDRf cdincAtt arr v mw o.•draxt.uc LOT l)m. « rtt i . > .. Rt� ..... A+ r.0«w .n.oas 1rrrr.q..rrr.rrww.r�.wnre cow ooat r �r4 S V. •l IL K Nr �-' • • .w.I. ttWISirIrGLLG.rttMhr.. _ a , �' '~ r`r \ ♦ ¢I .rrwrar«r.re.rrr �'r r r ~ J ay� I`p�S LOT 8 t • usI ..I --m= /w.. 0 ,as -n Il�'TtiurlCu,A/Wwr # r�V 1A J •At •l 13, Nr F� i.........., �,` • ~_r 11rrif.ir.IMYMY M'Yw Nr.r+ wwr. p.r �. «M -� ' rrrrr ►�i"r q r. a� t : '••� ■ 4AK w LOT B ri rr.�aaa ....rr wwrrl.. .0L A!♦ta Ar.. "b!r .,y �T •U.. - fJr v. .- - -. .....".........:...•....... -----•--...... .................... -Vin•,,. - •,............... d0 \ . .. ....................................................... "". ___.__ ". - --. .....""....., ....I....... ... .... ... .._.. ".........-- -.- ..... i«oe........� .. � In.....r� a LS257BNNCIN - RMINC - MA SAIS Tr-gTINC�n _ antra Lssonrt nal c. ELWNC Ti.R 4.......1h v s > ----------- om t Meu,m fmfeel w",aoCottonpKBR rt1►[R30N lm. Yu00Vit1 00Iot rA. nt$ a71 -q7. I "'« « w COMM CLUB OWE (OW us erA. b. lot S.." C -e 5"d'' A REPEAT Of LOT 1 OF CAPtfAL AIA11 SU80l1iIS10N ,wd �._,,, w �' w�� w w e •r Country Club Dr., & West inanot Blvd.. Jefferson City, Mo. ns In" Fm capital Atoll JCI, LLC, �-----------Cr-1T — — — — — — — — r — — moi- — — M.r.na 3rwcK Ytc 6QSL N. 1010 fin w mIW n'.W .s n1Ll 70.l oC f ---- I nr..rn steme«wtre. a m r Rs/ew I .m I at I-- %.3�2.•j$ 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 3600 Country Club Dr. p Applicant Name Capital Mall JC, 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 light 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 lots. The lack of street frontage for Lot 1-B and Lot 11-C is addressed through access and maintenance agreements between all lot owners in the development. Lot 1-13 is being created in anticipation of future sale to a third party which would also be subject to existing agreements n 2. Would the proposed variance substantially increase congestion on the public street? The proposed lot divisions will have no impact to public street congestion. 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 party wall between Lot 1-A and Lot 1-B meet current building codes. 4. Would the proposed variance be unduly injurious to the use and enjoyment of the adjacent property? The proposed lots 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 neighborhood? The proposed variance will have no impact to adjacent properties. 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 lots 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 individual existing and future buildings on Lot 1 and Lot 11 onto separate tracts. Buildings on separate tracts are necessary so that individual tracts can be leased or purchased by third party entities and to equitably assign maintenance costs for common areas between lots Strict adherence to the zoning code would make future land leases/sales and dividing maintenance costs more difficult. City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 673-634-6410 icolanning0leffcitvmmora www.leffersoncitymo.gov Project Information (Please use additional sheets if necessary) Name of Project Capital Mall - Lot 1 Replat Location /Address 3600 Country Club Dr. Submitted by Paul Samson - CIVIPS Applications Submitted (Check box) ❑P&Z: ❑Zoning Amend ❑Comp Plan Amend ❑Special Exception ❑PUD ❑Sub. Plat ❑Annexation 91 BOA: ❑CUP ®Variance ❑Appeal Consultant(s) (List lead consultant and all others who are responsible for major project elements) Lead Consultant Name Paul Samson, PE =Firm Name I CMPS Address 2500 E. McCarty St. Jefferson City, MO 65101 Telephone Number 573-634-3455 F. No. 1573-634-8898 E -Mail psamson@cmps-inc.com Consultant Name Firm Name Address Telephone Number Fax No. L E -Mail q ........... Consultant Name Firm Name Address Telephone Number Fax No. E -Mail ::..i Property Owners/Applicants (List owner; Mark IIXI' next to the name of the primary contact) Owner Name Capital Mall JC, LLC Address 221 Bolivar St. Suite 400, Jefferson City, MO 65101 Telephone No. 573-6352255 Fax No. E -Mail curtn@hzcllc.com Applicant Name Address Telephone No. Fax No. E -Mail Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with DlsabHlties Act. Please allow three business days to process the request. Page 3 of 10 City of Jefferson Department or Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 September 30, 2020 Dear Property Owner: Carrie Terpin, Mayor Sonny Sanders, AICP, Director Phone: 573-6346410 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, October 13, 2020 in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business: Case No. B20006 - 3600 Country Club; Lot Frontage and Setback Variance. Application filed by Capital Mall JC LLC, property owner, for the following: 1. A Variance for the proposed Lot 1-B and the proposed Lot 11 C to the requirement that lots have frontage on a public street 2. A variance of the required setbacks to permit proposed lot 1-B to be platted around an existing building at a zero lot line setback. The property is described as Part of the South half of Section 4 and Part of the Northeast Quarter of the Northwest Quarter and part of the West half of the Northwest Quarter of the Northeast Quarter of Section 9, all in Township 44 North, Range 12 W, in the City of Jefferson, 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, October 12, 2020 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.gov/government/planning/board of adiustment.php If you have any questions concerning this matter, please feel free to contact me at 573-634-6475. Sincerely, 6ir %51 v-41Z� Eric Barron Planning Manager Per City Council Emergency Proclamation on 7/20/2020 MASKS ARE REQUIRED for "In Person Public Meetings" 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 Adjustmet Property Owner List Case No. B20006 WILDWOOD REAL ESTATE CO INC 221 BOLIVAR ST JEFFERSON CITY, MO 65101 3750 W TRUMAN BLVD CAPITAL MALL J C 7 L L C 221 BOLIVAR ST STE 400 JEFFERSON CITY, MO 65101 3524 COUNTRY CLUB DR WILDWOOD REAL ESTATE CO ATTN: PROPERTY TAX DEPT WALGREEN CO PO BOX 1159 DEERFIELD, IL 60015 3740 W TRUMAN BLVD CAPITAL MALL J C 2 L L C DAVID BAILIE %HY - VEE FOOD STORES INC 5820 WESTOWN PARKWAY WEST DES MOINES, IA 50266-0002 3721 W TRUMAN BLVD DILLARD DEPARTMENT STORES INC 4501 NORTH BEACH ST FORT WORTH, TX 76137 3600 COUNTRY CLUB DR PENNEY, J C PROPERTIES INC #2006-5 PO BOX 10001 PROPERTY TAX OFFICE DALLAS, TX 75301-1217 3600 COUNTRY CLUB DR DILLARD DEPARTMENT STORES INC 4501 NORTH BEACH ST FORT WORTH, TX 76137 3600 COUNTRY CLUB DR Capital Mall A R C P %RED LOBSTER R L PORTFOLIO III L L C ATTN: PROPERTY TAX PO BOX 6467 ORLANDO, FL 32802-6467 3519 COUNTRY CLUB DR 0 K PARTNERS A MO PARTNERSHIP PO BOX 6850 JEFFERSON CITY, MO 65102 3525 COUNTRY CLUB DR CENTRAL TRUST BANK 238 MADISON ST JEFFERSON CITY, MO 65101 3533 COUNTRY CLUB DR CAPITAL MALL C 10 % RASH #402-25-2086 L L C P 0 BOX 4349 ANAHIEM, CA 92803 3601 COUNTRY CLUB DR October 13, 2020 CONCORD BAPTIST CHURCH OF JEFFERSON CITY INC 3720 W TRUMAN BLVD STE H JEFFERSON CITY, MO 65109-4957 3724 W TRUMAN BLVD UNITED TELEPHONE COMPANY OF MO 6666 WEST 110TH STREET OVERLAND PARK, KS 66211 3621 COUNTRY CLUB DR GORDON, DANIEL 2509 MISSOURI BLVD #A JEFFERSON CITY, MO 65109 3605 COUNTRY CLUB DR 1 Case No. 820003 700 Mokane Road Building Height and Floodplain Variance 185 ft. Notification Buffer N W+E S 0 130 260 520 780 1,040 Feel �i■��� ■ I% t ■ ■ Jefferson City Board of Adjustment October 13, 2020 Case No. 820007 Public Water Supply District #2 1936 Vieth Drive Amended Conditional Use Permit STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI October 13, 2020 Case No. B20007 - 1936 Vieth Drive; Amended Conditional Use Permit. Application filed by Public Water Supply District #2, property owner, to amend the approved Conditional Use Permit to allow for a 6,000 sf utility building instead of the approved 3,200 sf utility building. The property is described as Part of the Northwest fractional quarter of Section 2, Township 44 North, Range 12 West, in the City of Jefferson, 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 applicants are applying to amend the current Conditional Use Permit to allow for a 6,000 sf single story building instead of the previously approved 3,200 sf building. The enlarged building would take the place of the 3,200 sf building and the laydown yard. ZONING AND SURROUNDING LAND USE The subiect nronerty is zoned RS -2 Single Familv Residential STAFF ANALYSIS Site Plan: The prior conditional use permit site plan indicated a 3,200 sf building and gravel lay down yard surrounded by a 6 foot chain link security fence. The site plan for this Amended Conditional Use Permit shows a 6,000 sf single story building, which would be built in the same area as the prior proposed 3,200 sf building. The natural forested area to the north of the property would be left undisturbed to act as a natural buffer. FINDINGS The following findings are associated with conditional use permits. (Section 35-73.A.4) Finding Surrounding Zoning Surrounding Uses North RS -2 Single Family Residential South RS -2 Water Tower Utility Site East RS -2 Single Family Residential West RS -2 Single Family Residential STAFF ANALYSIS Site Plan: The prior conditional use permit site plan indicated a 3,200 sf building and gravel lay down yard surrounded by a 6 foot chain link security fence. The site plan for this Amended Conditional Use Permit shows a 6,000 sf single story building, which would be built in the same area as the prior proposed 3,200 sf building. The natural forested area to the north of the property would be left undisturbed to act as a natural buffer. FINDINGS The following findings are associated with conditional use permits. (Section 35-73.A.4) Finding Yes No Comments The proposed use is consistent with the goals, X A goal of the comprehensive plan is to objectives, and policies of the Comprehensive efficiently utilize existing utility capacities Plan. and provide for system improvements and extension to serve existing and new developments. The proposed improvements are an efficient way to improve the system and would serve both existing and new development. The proposed use complies with all applicable X The amendment of the Conditional Use provisions of the zoning district regulations and Permit of the existing water utility site does conforms to the general intent and purpose of the not conflict with the Zoning Code. Zoning Ordinance Finding Yes No Comments The proposed use complies with all fire, health, X The proposal would meet all applicable building, plumbing, electrical and storm water regulations. drainage regulations of the City and regulations of County, state and federal agencies. The proposed conditional use is not materially X The amendment of the Conditional Use detrimental to the public health, safety, Permit for the site would replace the open convenience and welfare, or results in material laydown yard and would have a less damage or prejudice to other property in the intensive impact on neighboring properties. vicinity. The proposed use is compatible with and X The site would be separated from residential preserves the character and integrity of adjacent uses in the area and would be screened by development and includes improvements to existing trees to the north. Staff recommends mitigate adverse development -related impacts, maintenance of the natural area on the such as traffic, noise, odors, visual nuisances, or western side of the site (or installation of other similar adverse effects to adjacent replacement trees in the event the natural development and neighborhoods. area is disturbed). The proposed use does not generate pedestrian and X The expansion of the water tower utility site vehicular traffic which will be hazardous to the would not add to pedestrian and vehicular existing and anticipated traffic in the traffic. neighborhood. Adequate utilities exist to serve the proposed X Adequate utilities exist in the area to conditional use. accommodate the utility improvement plan. STAFF RECOMMENDATION The required findings appear to be met. The expansion of the water tower utility site is a necessary improvement to utility operations that serve the city. The chosen site is suitably separated from existing residential uses in the area and will be screened by existing forested area. In addition to the natural bufferyard on the north side of the site, staff recommends maintenance of the natural tree line on the west side of the site (or installation of replacement trees in the event it is disturbed). FORM OF MOTION Motion for approval of the Amended Conditional Use Permit for the 6,000 sf storage building with the following condition: 1. Maintenance of the natural tree line on the western side of the site as a natural bufferyard, with installation of replacement trees if the natural area is disturbed. City of Jefferson Board of Adjustment LOCATION MAP Case No. 618005 0 120 240 480 Feet 1936 & 1944 Vieth Drive Amended Conditional Use Permit FOX City of Jefferson Board of Adjustment VICINITY Case No. 618005 0 410 820 1,640 Feet 1936 & 1944 Vieth Drive Amended Conditional Use Permit N W A + E S City of Jefferson Date filed: Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65901 Phone: 573-634-6410 fcglanningMeffciWmo. org www.jeffersoncitymo.gov 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 35-7313; Section 35-71, Site Plan) Appeal of Administrative Decision (Section 35-73C) Chapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit ❑ 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). Conditional Use Permit for Utility Service Facility in a RS -2 Zoning District. Section 35-28, Exhibit L. Utility Basic 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: 1936 Vieth Drive 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: 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 otarized). / Randy Kay Property Owner Si nature Printed Name/Title (type or print) Property Owner Signature Printed Name/Title (type or print) Subscribed and sworn before me this ZEST day of 130-x- 20 z4 1 �ORyEOORYO�ORrGyE Pubk STATE OF MI880UR1" Cob CowHfl Applicant Notary Public Name Public Water Supply District #2 Mailing Address 1944 Vieth Drive, Jefferson City, MO 65109 Phone Number 573-635-7011 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 b .r � " '°'-s' iosv nno sm 'xu� xosa3xaar ydY�p?� 9'Sa3 Sias Te - 9HUAl'I - 9Nivi 1e 'saawaS �e¢olssaJo.Ld unosslq lequao y st , g nP ip9 It 4 9b5pn€ d563G 9 OBBBBo o 3 o ®o a oo o® o 00 00 0 00 3t I800GSm'kWoo 3100 $ll0 NOS83dd3f 3AI8O 'A"0 0. o NOIlOf1211SN00 NOOV1d3S x w w n o a '`JNIOline e i Z -SN 03NOZ a � 3SnOH3NV1V/3ONVN3INIVIN Z# OSMd 1t : 3 { ¢ pp Rp f a3,iq Siia%4 $9G ' Lg83 I at Y 0. a � 9 F N I at Y Jefferson City Board of Adjustment Application Addendum G — Conditional Use Permit To be used for conditional use permit requests. (Section 35-73.A.4) Property Address 1936 Vieth Drive Applicant Name Public Water Supply District #2 Provide responses to the following required findings. State all reasons for your answer and use additional pages to complete your answer if necessary. Findincas of Fact: 1. Is the proposed use consistent with the goals, objectives and policies of the Comprehensive Plan? The proposed use is consistent with the Comprehensive Plan. 2. Does the proposed use comply with all applicable provisions of the zoning district regulations and conform to the general intent and purpose of the Zoning Code? The design of the facility will comply with all provisions of the zoning district and the intent and purpose of the Zoning Code including building height, lighting, signing, off-street parking, and parking lot landscaping. 3. Does the proposed use comply with all applicable fire, health, building, plumbing, electrical and stormwater drainage regulations? The design of the facility will comply with all City adopted building codes. The site plan submittal process has been started and we will work with City Staff to ensure all other City Codes will be followed. 4. Is the proposed conditional use materially detrimental to the public health, safety, convenience and welfare or does it result in material damage or prejudice to other property in the vicinity? The proposed use will not be harmful to any adjacent properties. The property will be used by the water district for construction of a new maintenance/storage building and uses as additional area to carry out its day to day operations. The water district has operated in this area for years and this will be an small expansion of their operation. Jefferson City Board of Adjustment Application Addendum G — Conditional Use Permit Page 2 5. Is the proposed use compatible with and does it preserve the character and integrity of adjacent development and include improvements to mitigate adverse development related impacts such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods? The use is compatible with and does preserve the integrity of adjacent development. Day to day operations of the water district will not changes, so there will not be changes in regards to traffic, noise and odors. A natural buffer will be utilized on the north side of the property and a proposed building will screen the property use. 6. Does the proposed use generate pedestrian and/or vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood? The operations of the water district will not change, and therefore, will not generate additional pedestrian and/or vehicular traffic in the area. 7. Do adequate utilities exist to serve the proposed conditional use? All utility services are currently located on the property or will be extended from the existing Public Water Supply District #2 site. City of Jefferson Department of Planning 8 Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 icolanningAief/citvmo.ora wwwJeffersoncitymo.go v Project Information (Please use additional sheets if necessary) Name of Project Public Water Supply District - BOA Plan Location/Address 1936 Vieth Drive Submitted by Central Missouri Professional Services Applications Submitted❑P&Z: (Check box) ❑Zoning Amend ❑Comp Plan Amend ❑Special Exception DUD ❑Sub. Plat ❑Annexation ❑✓ BOA: [Z]CUP ❑Variance ❑Appeal ❑ Staff: ❑Site Plan [D31dg. Plans ❑Grading Plan ❑Change of Use ❑remp Use ❑Other Consultant(s) (List lead consultant and all others who are responsible for major project elements) Lead Consultant Name Patrick Kremer, PE I Firm Name CMPS Address 2500 E. McCarty St., Jefferson City, MO 65101 Telephone Number 573-634-3455 1 Fax No. 573-634-8898 E -Mail pkremer@cmps-inc.com Consultant Name Firm Name Address Telephone Number Fax No. E -Mail Consultant Name Firm Name Address Telephone Number Fax No. E -Mail Property Owners/Applicants (List owner; Mark "X" next to the name of the primary contact) Owner Name Public Water Supply District #2 Address 1944 Vieth Drive, Jefferson City, MO 65109 Telephone No. 573-635-7711 Fax No. E -Mail pwsd2@socket.net A2plicant Name Address Telephone No. Fax No. E -Mail 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. City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 September 30, 2020 Dear Property Owner: Carrie Terain, 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, October 13, 2020 in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business: Case No. 820007 - 1936 Vieth Drive; Amended Conditional Use Permit. Application filed by Public Water Supply District #2, property owner, to amend the approved Conditional Use Permit to allow for a 6,000 sf utility building instead of the approved 3,200 sf utility building. The property is described as Part of the Northwest fractional quarter of Section 2, Township 44 North, Range 12 West, in the City of Jefferson, 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, October 12, 2020 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.gov/_qovernmenUplanning/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 Per City Council Emergency Proclamation on 7/20/2020 MASKS ARE REQUIRED for "In Person Public Meetings' 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. 820007 KLUND, KURTIS J & NICOLE M 2126 SOUTHRIDGE DR JEFFERSON CITY, M065109 2126 SOUTHRIDGE DR CHRISTENSEN, DEVON L TRUSTEE 2301 PLYMOUTH ROCK DR JEFFERSON CITY, M065109 2301 PLYMOUTH ROCK DR WILLIAMS, SAMUEL KENT & JODY K 2303 PLYMOUTH ROCK DR JEFFERSON CITY, M065109 2303 PLYMOUTH ROCK DR COSTALES, GLEN D 1904 VIETH DR JEFFERSON CITY, M065109 1904 VIETH DR AMERICAN TOWERS INC PROPERTY TAX SITE #273552 PO BOX 723597 ATLANTA, GA31139-0597 1946 VIETH DR CONSERVATION COMMISSION OF THE STATE OF MO 2901 W TRUMAN BLVD JEFFERSON CITY, M065109 VIETH DR HAG INVESTMENT L L C 1470 TREE VALLEY LN JEFFERSON CITY, M065109 2205 SOUTHRIDGE DR EYNARD, DARREL E & PATRICIA A 2118 SOUTHRIDGE DR JEFFERSON CITY, M065109 RT C 1936 Vieth Drive ULRY, MICHAEL & LINDA STOCKSILL, GORDON & KIM 1961 VIETH DR JEFFERSON CITY, M065109 1961 VIETH DR KUTTENKULER, KENDRA J 2197 JUNE CT JEFFERSON CITY, M065109 2197 JUNE CT THOMPSON, KEVIN & CARI 2195 JUNE CT JEFFERSON CITY, M065109 2195 JUNE CT 1 October 13, 2020 HOORMANN, STEVEN J & JACQUELINE M TRUSTEES 2196 JUNE CT JEFFERSON CITY, M065109 2196 JUNE CT BIRMINGHAM, MARK & RENEE 2198 JUNE CT JEFFERSON CITY, M065109 2198 JUNE CT PECAUT, JASON B 1907 VIETH DR JEFFERSON CITY, M065109 1907 VIETH DR PLATTER, DOUGLAS & CYNTHIA 1905 VIETH DR JEFFERSON CITY, M065109 1905 VIETH DR LOEHR, GREGORY E & COLLEEN T 2305 PLYMOUTH ROCK DR JEFFERSON CITY, M065109 2305 PLYMOUTH ROCK DR Jefferson City Board of Adjustment Property Owner List Case No. 820007 HUGHES, NORMA 1907 PILGRIM CT JEFFERSON CITY, M065109 1907 PILGRIM CT SIEMONS, GERALD W & MARY J 1911 PILGRIM CT JEFFERSON CITY, M065109 1911 PILGRIM CT JACKSON, CHARLES R 1901 PILGRIM CT JEFFERSON CITY, M065109 1901 PILGRIM CT RENICK, PATRICK S SIMPSON, RACHEL 1912 PILGRIM CT JEFFERSON CITY, M065109 1912 PILGRIM CT TELTHORST, RICHARD J & MARYELLEN L TRUSTEES 1910 PILGRIM CT JEFFERSON CITY, M065109 1910 PILGRIM CT 1936 Vieth Drive 2 October 13, 2020 JENNINGS, DERRICK & KATHERINE 1923 BUNKER HILL RD JEFFERSON CITY, M065109 1923 BUNKER HILL RD MISTLER, JEFFREY W TRUSTEE 16645 CROWNSBURY WAY FT MYERS, FL33908 1906 PILGRIM CT JUNGMEYER, MARK & KIMBERLY 8020 RT D JEFFERSON CITY, M065109 2312 SOUTHRIDGE DR FREELAND, JON L & JOANNA 2302 SOUTHRIDGE DR JEFFERSON CITY, M065109 2302 SOUTHRIDGE DR PARRISH, JAMES D WYSS, BERNIECE 2300 SOUTHRIDGE DR JEFFERSON CITY, M065109 2300 SOUTHRIDGE DR Case No. B20007 1936 & 1944 Vieth Drive Conditional Use Permit Amendment 185 ft. Notification Buffer DR N W+ + E S 0 50 100 200 300 400