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HomeMy Public PortalAbout2020-10-13 minutesMEETING MINUTES JEFFERSON CITY BOARD OF ADJUSTMENT October 13, 2020 BOARD MEMBERS PRESENT ATTENDANCE RECORD Andrew Hake, Chairman 1 of 1 Jim Crabtree, Vice Chairman 1 of 1 Katy Lacy 1 of 1 Jamie Seaver 1 of 1 Sharon Keating, Alternate 1 of 1 Roy Michael, Alternate 1 of 1 BOARD MEMBERS ABSENT Brad Schaefer 0 of 1 Adam Cartwright, Alternate 0 of 1 COUNCIL LIAISON PRESENT Erin Wiseman STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Ahnna Nanoski, Planner Shane Wade, Civil Engineer Don Fontana, Storm water Engineer Ryan Moehlman, City Attorney 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 Keating. Those wishing to speak to the Board were sworn in. 2. Procedures Explained Chairman Hake explained the procedures of the meeting. Mr. Barron entered the following documents as exhibits for all items under consideration at the meeting: 1. The City Code of the City of Jefferson, as amended 2. The Comprehensive Plan and Land Use Map 3. Copies of applications under consideration 4. A list of Property owners to whom notice of the hearing was sent 5. The affidavits of publication of notice of the public hearing 6. Copies of drawings and plans under consideration 7. Letters and memoranda from City staff 8. Staff reports and minutes of proceedings 9. Materials submitted by the public or the applicant 10. Rules of Procedure for the Board of Adjustment 3. Adoption of Agenda Ms. Keating moved and Mr. Crabtree seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Hake, Crabtree, Seaver, Keating, and Lacy Nay: None 4. Approval of Minutes from the Regular Meeting of the September 15, 2020 Mr. Seaver moved and Mr. Crabtree seconded to approve the minutes as printed. The motion passed 5-0 with the following votes: Aye: Hake, Crabtree, Seaver, Keating and Lacy Nay: None 5. Communications Received Minutes/Jefferson City Board of Adjustment Page 2 October 13, 2020 None 6. New Business – Public Hearing 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’. Mr. Barron described the proposal and explained that 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 the rear parking lot. Mr. Brian McMillian with Central Missouri Professional Services, 2500 E. McCarty Street, spoke on behalf of LAGERS. He explained that there is very limited parking in the area and that this would help fill the need. He stated that storm water would sheet drain off. Mr. Jean Schneider, 701, 711 and 712 E. McCarty inquired that if Wall Way is ever improved, would this structure impede improvement. Mr. Barron explained that if the City would need to use the area for improvements, that they would have to obtain an easement, since it is private property. Mr. Barron gave the staff report and referenced the required findings. Mr. Seaver moved and Mr. Crabtree seconded to approve requested variance of 5 feet to the 5 foot rear setback requirement for accessory structures to allow a 0 foot setback. The motion passed 5-0 with the following roll call vote: Aye: Hake, Crabtree, Seaver, Keating and Lacy. Nay: None 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. Mr. Barron described the proposal and stated 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. Mr. John and Terry Propst, 1207 Elmerine presented the case and asked the Board to consider their request. They would like to build a bathroom on the main level of their hom e. They stated they have talked to their neighbors and they are in favor of the request. Mr. Barron gave the staff report and referenced the required findings. Ms. Keating moved and Ms. Lacy seconded to approve the requested variance of 7 feet to the 10 foot side setback to permit a side setback of 3 feet. The motion passed 5-0 with the following roll call vote: Aye: Hake, Crabtree, Seaver, Keating and Lacy. Nay: None 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 Minutes/Jefferson City Board of Adjustment Page 3 October 13, 2020 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. Mr. Barron presented the case and stated the purpose of the request is to accommodate a division of lot 1 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. He also stated that 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 15th, 2020. Mr. Paul Sampson, 2500 E McCarty, with CMPS spoke on the requesters behalf. He state d that when Sears left the mall, W irepro signed a long term lease. Dividing this into separate tracts will allow for sale of parcel lots. Mr. Barron gave the staff report and referenced the required findings. He stated that 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. *Ms. Lacy departed the meeting, Mr. Michael was declared a voting member for the remainder of the meeting. Mr. Crabtree moved and Ms. Keating seconded to approve the variance for proposed lot 1B to the requirement that lots have frontage on a public street. The motion passed 5-0 with the following roll call vote: Aye: Hake, Crabtree, Seaver, Keating and Michael. Nay: None Mr. Seaver moved and Mr. Crabtree seconded to approve the variance for proposed lot 11C to the requirements that lots have frontage on a public street the street lot variance only applies to future lot 11C. The motion passed 5-0 with the following roll call vote: Aye: Hake, Crabtree, Seaver, Keating and Michael. Nay: None Mr. Seaver moved and Mr. Crabtree seconded 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. The motion passed 5-0 with the following roll call vote: Aye: Hake, Crabtree, Seaver, Keating and Michael. Nay: None 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 3,2 00 sf utility building. Mr. Barron presented the case and stated 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. Mr. Patrick Kremer, 2500 E McCarty Street, with CMPS spoke on behalf of the applicant. The first application to the Board was proposed for a 3500 square foot building, that property purchase Minutes/Jefferson City Board of Adjustment Page 4 October 13, 2020 was contingent on the approval of the conditional use permit at the time. He stated that there was not a lot of research done regarding site layout and operating needs at that time. Once the property was purchased and they looked at the lay out, they decided to make the building larger to use the lay of the land. Mr. Patrick Rennick, 1912 Pilgrims Ct stated that he has concerns with property value and that he would like to see more trees to allow for more of a buffer from his back yard. Mr. Barron gave the staff report and referenced the required findings. He stated a staff recommended condition that, In addition to the natural buffer yard 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). Board members and staff discussed the specifics of establishing a bufferyard condition. Mr. Kremer was asked whether the resulting landscaping condition is acceptable to the applicant, with an affirmative response. Mr. Crabtree moved and Ms. Keating seconded to approve the Amended Conditional Use Permit for the 6,000 sf storage building with the following conditions: 1. A natural tree line be maintained on the western side and a professionally designed plating plan for landscape buffering be installed, surpassing the type C buffer yard, that consists of deciduous and evergreen trees and shrubs. 2. Sight lighting not to be placed on the north or western sides of the building. The motion passed 5-0 with the following roll call vote: Aye: Hake, Crabtree, Seaver, Keating and Michael. 7. Miscellaneous Reports 8. Other Business A. Election of Officers Mr. Hake moved and Mr. Crabtree seconded to table the elections to the next meeting. The motion passed 5-0 with the following roll call vote: Aye: Hake, Crabtree, Seaver, Keating and Michael. 9. Adjournment The meeting was adjourned at 9:40 a.m. Respectfully submitted, Beth Sweeten Administrative Assistant