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Home My Public Portal About2019-10-08 minutesMEETING MINUTES JEFFERSON CITY BOARD OF ADJUSTMENT October 8, 2019 BOARD MEMBERS PRESENT ATTENDANCE RECORD Andrew Hake, Vice Chair 9 of 9 Adam Cartwright, Alternate 8 of 9 Jamie Seaver, 8 of 9 Roy Michael, Alternate 3 of 4 Sharon Keating, Alternate 8 of 9 Jim Crabtree 2 of 2 BOARD MEMBERS ABSENT Katy Lacy 6 of 9 Brad Schaefer 7 of 9 COUNCIL LIAISON PRESENT STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Bryan Wolford, Associate City Counselor Ian Zollinger, Planner Beth Sweeten, Administrative Assistant 1. Call to Order and Introduction of Members, Ex-Officio Members and Staff Vice Chairman Hake called the meeting to order at 7:34 a.m. and introduced Board members and asked staff to introduce themselves. A quorum was present to hear the items on the agenda. The following members were designated to vote: Hake, Seaver, Crabtree, Keating and Cartwright. Those wishing to speak to the Board were sworn in. 2. Procedures Explained Vice Chairman Hake explained the procedures of the meeting. Mr. Zollinger entered the following documents as exhibits for all items under consideration at the meeting: 1. The City Code of the City of Jefferson, as amended 2. The Comprehensive Plan and Land Use Map 3. Copies of applications under consideration 4. A list of Property owners to whom notice of the hearing was sent 5. The affidavits of publication of notice of the public hearing 6. Copies of drawings and plans under consideration 7. Letters and memoranda from City staff 8. Staff reports and minutes of proceedings 9. Materials submitted by the public or the applicant 10. Rules of Procedure for the Board of Adjustment 3. Adoption of Agenda Mr. Crabtree moved and Ms. Keating seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Hake, Seaver, Crabtree, Keating and Cartwright. 4. Approval of Minutes from the Regular Meeting of August 13, 2019 Mr. Seaver moved and Mr. Crabtree seconded to approve the minutes as printed. The motion passed 5-0 with the following votes: Aye: Hake, Seaver, Crabtree, Keating and Cartwright. 5. Communications Received No correspondence was received. Minutes/Jefferson City Board of Adjustment Page 2 October 8, 2019 6. New Business – Public Hearing Case No. B19008- 621 Blair Drive: Conditional Use Permit for Cellular Tower, Variance to property setback, and to Cell Tower Separation Requirement. Request filed by Eric and Cristine West, property owners, and AT&T, applicant, for the following: 1. A Conditional Use Permit for a 100 foot tall Telecommunication Facility. 2. A Variance to the applicable minimum separation requirement for Monopole Towers of 750 feet to permit a separation of approximately 529 feet. (Section 35-42.R.3.c) 3. A 36 foot Variance to the applicable setback of 100 feet to permit a setback of 64 feet. (Section 35-42.R.3.a) The property is located on the eastern side of Blair Drive 350 feet north of Missouri Boulevard and is described as Part of the North Half of Section 14, Township 44 North, Range 14 West, Cole County, Missouri. (Fullerton Engineering, consultant). Mr. Zollinger described the proposal and explained that this application is subject to the required findings for conditional use permits outlined in Section 35 -73.A of the Zoning code and the required findings specific to telecommunication facilities outlined in Section 35-42.N.1.d of the Zoning Code. Mr. Tony Phillips, 1100 E Woodfield Rd, Schaumburg IL, 60173, spoke on behalf of the Fullerton Engineering. He stated the need for the new tower is to have one on higher elevation to allow for better service. He explained that the setback variance is needed to allow room for future development to utilize the property as well. No one spoke in opposition to this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report and exp lained the required findings appear to be met for all requested variances and the conditional use permit request. The proposed telecommunication tower meets the specific use requirements outlined in the Zoning Code. The tower is located in undeveloped/vacant area surrounded by commercial and apartment uses so the impact to neighboring properties is minimal. Ms. Keating moved and Mr. Seaver seconded to approve the conditional use permit for a 100’ tall cell tower and telecommunications facility. After discussion, the motion passed 5-0 with the following roll call vote: Aye: Hake, Seaver, Crabtree, Keating and Cartwright. Mr. Seaver moved and Ms. Keating seconded to approve a Variance to the applicable minimum separation requirement for Monopole Towers of 750 feet to permit a separation of approximately 529 feet. After discussion, the motion passed 5-0 with the following roll call vote: Aye: Hake, Seaver, Crabtree, Keating and Cartwright. Mr. Seaver moved and Mr. Cartwright seconded to approve a 36 feet variance to the applicable setback of 100 feet to permit a setback of 64 feet. After discussion, the motion passed 4-1 with the following roll call vote: Aye: Hake, Seaver, Keating and Cartwright. Nay: Crabtree Case No. B19009- Case No.B19009 - 2233 & 2235 Missouri Blvd; Variance to Parking Lot Landscaping Requirement. Request filed by 2233&2235 Missouri Blvd LLC and Kolb Management LLC, Property Owner, and Lawrence Kolb, authorized representative, for the following: A variance from the requirement that landscaped plantings shall be installed on any parking lots containing more than 10 spaces to shade at least 35 percent of the parking lot to allow for an approximate 50% reduction in coverage. ( Section 35-58.B.5.b) The property is located on the Southern side of Missouri Blvd 1,400 feet east of W Stadium and is described as Part of the Southwest Quarter of the Northeast Quarter of Section 11, Township 44 Minutes/Jefferson City Board of Adjustment Page 3 October 8, 2019 North, Range 12 West, in the City of Jefferson, Cole Cou nty, Missouri. (Central Missouri Professional Services, consultant) Mr. Zollinger explained that a building near the entrance of the parking lot is proposed to be built. The construction of the building requires the parking lot conform to the parking lot landscaping requirements. The applicants desire is to seek a partial variance to the parking lot la ndscaping requirement to allow for an approximately 50% reduction in coverage to correlate to the total cost of the project triggering the requirement for parking lot landscaping. Mr. Larry Kolb, 731 Turnberry Drive, spoke on his request. He explained that he would be adding more trees than are currently there, which is none. He will maintain the property year round to assure that it is being kept up. No one spoke in opposition to this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report and explained the required findings appear to be met for the requested variance. He stated the zoning code allows for financial hardship to be a consideration in the case of bringing off -street parking lots into conformance with landscaping requirements. A condition is already placed within the code that if the variance is granted it should be a limited to the minimum variance necessary. A 50 % reduction would be in keeping with the general spirit and intent of the zoning code. Mr. Seaver moved and Ms. Keating seconded to approve a variance from the parking lot landscaping to allow for a reduction of 50% of coverage for this project. After discussion, the motion passed 5-0 with the following roll call vote: Aye: Hake, Seaver, Crabtree, Keating and Cartwright. 7. Miscellaneous Reports None. 8. Other Business A. Election of Officers Mr. Seaver made a motion to nominate Mr. Hake as Chairman for the Committee. Mr. Crabtree seconded the motion. The motion passes 5-0 with the following roll call vote: Aye: Seaver, Crabtree, Keating, Cartwright and Michal. Ms. Keating made a motion to nominate Mr. Crabtree as Vice Chairman for the Committee. Mr. Seaver seconded the motion. The motion passes 5-0 with the following roll call vote: Aye: Hake, Seaver, Keating, Cartwright and Michael. B. Adoption of 2020 meeting calendar Mr. Crabtree made a motion to approve the 2020 meeting calendar. Mr. Seaver seconded the motion. The motion passes 5-0 with the following roll call vote: Aye: Hake, Seaver, Crabtree, Keating and Cartwright. C. Comprehensive Plan update Mr. Zollinger updated the group on the Comprehensive Plan. He stated that all of the offsite community workshops were completed. There will be one more community mapping workshop, which will be held at City Hall on October 24, 2019. 9. Adjournment The meeting was adjourned at 8:33 a.m. Respectfully submitted, Minutes/Jefferson City Board of Adjustment Page 4 October 8, 2019 Beth Sweeten Administrative Assistant