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HomeMy Public PortalAbout2022-01-11 packetNotice of Meeting & Tentative Agenda Jefferson City Board of Adjustment Tuesday, January 11, 2022, 7:30 a.m. John G. Christy Municipal Building, 320 East McCarty Street Council Chambers All interested parties will be given a chance to be heard. TENTATIVE AGENDA 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 June 8, 2021 5. Communications Received 6. New Business Public Hearings Case No. B22001 — 311 Ellis Boulevard; Front Setback Variance. Application filed by AREC 46, LLC, property owner, on behalf of U -Haul Storage and Moving of Jefferson City, applicant, for a 10 feet variance from the 25 feet front setback requirement of the C-2 General Commercial zoning district (Section 35-51 Density and dimensional standards) to construct a cantilevered canopy at the front of the building. The property is located on the north side of Ellis Boulevard 300 feet east of Christy Drive and is described as part of the Northeast Quarter of the Northwest Quarter and part of the Northwest Quarter of the Northeast Quarter of Section 24, Township 44 North, Range 12 West, Jefferson City, Cole County, Missouri (Central Missouri Professional Services, Consultant). 7. Miscellaneous Reports 8. Other Business a. Board of Adjustment Bylaw Amendments b. Approval of Board of Adjustment 2022 meeting dates c. 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. Please call 573-634-6410 for information regarding agenda items. BOARD MEMBERS ABSENT COUNCIL LIAISON PRESENT Erin Wiseman STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Katrina Williams, Planner Dustin Birch, Associate City Attorney Don Fontana, Stormwater Engineer Ali Lewis, Planning Intern 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff Chairman Hake called the meeting to order at 7:31 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, Schaefer, Seaver and Lacy. 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 Mr. Crabtree moved and Mr. Seaver seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Hake, Crabtree, Schaefer, Seaver and Lacy Nay: None. 4. Approval of Minutes from the Regular Meeting of the April 13, 2021 Meeting 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, Schaefer, Seaver and Lacy Nay: None. MEETING MINUTES JEFFERSON CITY BOARD OF ADJUSTMENT June 8, 2021 BOARD MEMBERS PRESENT ATTENDANCE RECORD Andrew Hake, Chairman 4 of 4 Jim Crabtree, Vice Chairman 4 of 4 Brad Schaefer 1 of 4 Jamie Seaver 2 of 4 Katy Lacy 3 of 4 Roy Michael, Alternate 4 of 4 Adam Cartwright, Alternate 4 of 4 Sharon Keating, Alternate 4 of 4 BOARD MEMBERS ABSENT COUNCIL LIAISON PRESENT Erin Wiseman STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Katrina Williams, Planner Dustin Birch, Associate City Attorney Don Fontana, Stormwater Engineer Ali Lewis, Planning Intern 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff Chairman Hake called the meeting to order at 7:31 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, Schaefer, Seaver and Lacy. 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 Mr. Crabtree moved and Mr. Seaver seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Hake, Crabtree, Schaefer, Seaver and Lacy Nay: None. 4. Approval of Minutes from the Regular Meeting of the April 13, 2021 Meeting 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, Schaefer, Seaver and Lacy Nay: None. Minutes/Jefferson City Board of Adjustment June 8, 2021 5. Communications Received No Communication was received. Page 2 6. New Business — Public Hearing Case No. B21003 — 115 West Dunklin Street; Variance from Street Frontage. Request filed by Arthouse Properties, LLC., property owner, for a variance from the requirement that all lots have street frontage. The purpose of the request is to divide the property in two and create a lot with frontage only on the alley. The property is located 220 feet East of the intersection of Washington Street and West Dunklin Street and is described as part of Inlots 906 and 907, City of Jefferson, Cole County, Missouri (Central Missouri Professional Services, Consultant). Mr. Barron explained the property consists of a street front office space with a vacant building (an "alley house") located at the rear of the property. The property owner would like to divide the property in two, creating a lot with frontage only on the alley. The purpose of the division of the property is to sell off the front building and retain ownership of the rear alley house (and renovate it). Zoning Code regulations require all lots and parcels to have frontage upon a dedicated public street (an alley is not considered a street). In order to pursue the separation of the two properties, the owner has applied for a variance from the street frontage requirement and submitted an administrative parcel division that would divide the property into two tracts. Mr. Paul Sampson- 2500 East McCarty, with Central Missouri Professional Services, presented the case. He stated the are requesting a variance for the requirement of the street frontage for the rear property since alleys are not classified as public streets. This would allow for the owners to be able to sell one of the properties. Mr. Michael Martin — 206 South Linwood, Columbia MO 65202, is the owner of the property and stated that they are two separate building and both serve two purposes and they own sperate utilities. Mr. Barron stated the street front building functions as an office space and the separate structure located at the rear of the property is currently vacant. Electric and sanitary sewer access is available along both Dunklin Street and the alley. The separation between the two existing structures is by 45 feet of grassed yard area. Mr. Crabtree moved and Mr. Schaefer seconded to approve the requested variance from the street frontage requirement to permit the property to be divided with one lot fronting on an alley. The motion passed 5-0 with the following votes: Aye: Hake, Crabtree, Schaefer, Seaver and Lacy Nay: None. Case No. B21004 — 533 Aviation Drive; Variance from Floodplain Regulations. Request filed by Jefferson City Flying Service, lessee of property owned by the City of Jefferson, for a variance to floodplain regulations. The purpose of the request is to permit construction of a 100 -foot x 100 - foot Airplane Hangar as a wet -flood proofed structure. The property is described as part of Section 16, Township 44 North, Range 11 West, Jefferson City, Callaway County, Missouri. Mr. Barron explained the proposal is for a variance to floodplain regulations would permit wet floodproofing by allowing the use of engineered flood vents that allow for the automatic entry and exit of floodwater to be incorporated into the construction of a 100 -foot by 100 -foot airplane hangar, similar to other existing hangars at the Jefferson City Memorial Airport. The Flood Code allows wet floodproofing of accessory structures up to 400 square feet. The proposed hangar exceeds the allowable square footage, and the building would not be considered an accessory structure, which is why a variance is requested. Minutes/Jefferson City Board of Adjustment June 8, 2021 Page 3 Mr. Fontana stated that the flood code allows for flood wet proofing. The City would require a flood evacuation plan and the submittal of flood vent calculations. He also stated that utilities would be raised to 1 ft above the 100 year flood stage. Mr. Brian McMillian, 2500 East McCarty Street, with Central Missouri Professional Services presented the case. He said that Jefferson City Flying Services has been around for a long time and they have experienced many floods at the airport, so they know the procedures and protocols. Mr. Shawn Schulte, 211 South Business 54, Eldon MO, contractor for the hanger explained he understands the requirements and appreciated the support. Mr. Seaver announced that he would be abating from voting on this agenda item, allowing Ms. Keating to be able to vote. Mr. Crabtree moved and Ms. Keating seconded to approve the requested variance from Floodplain Regulations, with the following condition: Submittal and approval of Flood Vent calculations, and submittal and approval of a Flood Evacuation Plan. The motion passed 5-0 with the following votes: Aye: Hake, Crabtree, Schaefer, Lacy and Keating Nay: None. 7. Miscellaneous Reports Mr. Barron stated that this would be the last meeting that will have the virtual option available. 8. Other Business a. Amendment to Rules of Procedure Regarding Alternates Voting in Elections. After discussion by Board Members at the April meeting, the Board directed staff to prepare an amendment to the Rules of Procedure that would permit alternate members to vote in elections for Chair and Vice Chair. Staff will work on this and bring it to the next meeting. 9. Adjournment The meeting was adjourned at 8:43 a.m. Respectfully submitted, Beth Sweeten Administrative Assistant T�y a fT e, r s o r., D?--,oai,-d of AdJusin-ient January 5 022 Case No. B22001 U -Haul Storage and Moving of Jefferson City 311 Ellis Boulevard STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI January 11, 2022 Case No. B22001— 311 Ellis Boulevard; Front Setback Variance. Application filed by AREC 46, LLC, property owner, on behalf of U -Haul Storage and Moving of Jefferson City, applicant, for a 10 feet variance from the 25 feet front setback requirement of the C-2 General Commercial zoning district (Section 35-51 Density and dimensional standards) to permit a 15 feet front setback in order to construct a cantilevered canopy at the front of the building. The property is located on the north side of Ellis Boulevard 300 feet east of Christy Drive and is described as part of the Northeast Quarter of the Northwest Quarter and part of the Northwest Quarter of the Northeast Quarter of Section 24, Township 44 North, Range 12 West, Jefferson City, Cole County, Missouri (Central Missouri Professional Services, Consultant). PUBLIC NOTICE Public notice was given by publication in the newspaper, by letter to all adjacent and affected property owners located within 185 feet of the subject property, and by property sign posting; each of these means adequately distributed in advance of the meeting. NATURE OF REQUEST The property consists of a storage and moving entity, U -Haul Storage & Moving of Jefferson City, located within a commercially dominant area. The property owners plan to construct a cantilevered canopy at the front of the larger building. To accommodate the proposed structure, a front setback variance has been applied for by the property owner. ZONING AND SURROUNDING LAND USE The subject p operty is zoned C-2 General Commercial STAFF ANALYSIS The property has had a few other Board of Adjustment cases associated with it including case B02021 which involved a Conditional Use Permit for a mini -warehouse, case B02022 that discussed a proposed Floor Area Ratio (FAR) variance, and case B03003 which amended the Conditional Use Permit of case B02023 to permit usage conversion of the lower level of the mini -warehouse. The property front yard lot line incorporates a diagonal direction as it passes through the parking lot; increasing in interference with the parking spaces the further west it rests (towards US -54). Within the C-2 zoning district, a 25 foot setback minimum is required as detailed in exhibit 35-51A located in the City Code for the City of Jefferson. Currently, the property structures are compliant with this front yard setback requirement. However, the front setback requirement would not be met in the event of the proposed construction of the canopy. Due to its geographical placement in correlation with right-of-way and the parking lot, the front lot line, in combination with the front setback specification, forms a more restrictive and unique situation in terms of lot usage for the owner and development potential that otherwise would not exist if the lot line went around the parking lot edge facing Ellis Boulevard instead of through parking spaces. Surrounding Zoning Surrounding Uses North C-2, RA -2 Apartments South C-2 Commercial: Bank, Restaurant, Gas Station East C-2 Commercial: Office West C-2 Commercial: Gas Station STAFF ANALYSIS The property has had a few other Board of Adjustment cases associated with it including case B02021 which involved a Conditional Use Permit for a mini -warehouse, case B02022 that discussed a proposed Floor Area Ratio (FAR) variance, and case B03003 which amended the Conditional Use Permit of case B02023 to permit usage conversion of the lower level of the mini -warehouse. The property front yard lot line incorporates a diagonal direction as it passes through the parking lot; increasing in interference with the parking spaces the further west it rests (towards US -54). Within the C-2 zoning district, a 25 foot setback minimum is required as detailed in exhibit 35-51A located in the City Code for the City of Jefferson. Currently, the property structures are compliant with this front yard setback requirement. However, the front setback requirement would not be met in the event of the proposed construction of the canopy. Due to its geographical placement in correlation with right-of-way and the parking lot, the front lot line, in combination with the front setback specification, forms a more restrictive and unique situation in terms of lot usage for the owner and development potential that otherwise would not exist if the lot line went around the parking lot edge facing Ellis Boulevard instead of through parking spaces. FINDINGS REQUIRED Please refer to the handout provided for the required General Findings and Specific Findings. The applicant has provided responses to the required findings. In reviewing this case, the Board may wish to consider the following questions: 1. Are there any practical difficulties unique to this property which under strict and literal adherence to the provisions of the zoning regulations would cause the applicant an unnecessary hardship? 2. Would the appearance and value of surrounding properties be damaged if the variance is granted? Finding Yes No Comments Not eliminate an adequate supply of light or X The setback variance would permit a structure that air to adjacent property. would further increase shade coverage but not in a significant and negative way upon the adjacent property due to canopy size and distance from adjacent property. The adjacent property and the proposed structure are separated by a front parking lot, Ellis Boulevard, and driveway entrance. No notable effect on light and air is present. Not substantially increase congestion in the X The requested variance would not have any notable public street. impact on street congestion. 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 potential hinderance to enjoyment of adjacent enjoyment of adjacent property. property should be minimal due to the placement and function of the canopy. Not substantially diminish property values in X Primarily containing commercial development, the the neighborhood. front setback variance would not seem to depreciate surrounding property values in the area. The canopy would be well suited for this environment. Be in keeping with the general spirit and X All components of the proposed cantilevered intent of the zoning code. canopy, granted by the front setback variance, would be in alignment with the zoning code's eneral s irit and intent. STAFF RECOMMENDATION All required findings appear to be observed in full extent. The front setback variance is requested to permit a proposed cantilevered canopy. To proceed with plans for the structure, a front setback variance must be authorized as the canopy would not meet the required 25 front setback along the front lot line which crosses diagonally through the parking lot of the property. This front setback variance would not spawn any apparent and anticipated safety concerns or major impacts upon adjacent property usage. FORM OF MOTION Motion to approve requested variance of 10 feet to the 25 feet front setback requirement to permit a front setback of 15 feet. ro �� ©f Jan"aGJsont, B oavd cofr /adjustment LOCATON MAP ���. ,..r• i/ _ ./ / tt m �� fit' � ~� 1r � �yei 3:�! � S ., ti t 49 ! e` tt s'ew7 aim ,r�� :: « � . ��,.. � , /� yam, ' i� �t -.. t,�, �. ', • �y; v i q"+ o �� • - _ ` 4 .. _ � •- � -fir-' ,a..c �.L1_ ' ' *:,�. �� „� ----. _, . �� U ..•�-fir,._ � _ xl to ik- '.f.- _ •� .�-` k -•.T. t _off} .�" Nk Z�C b. - Case No. B22001 0 �o0 200 400 Feet 311 Ellis Boulevard Front Setback Variance N W+ ; E S City '& Jsf-�`ers n Haab -d of Adjustment 'ACHTY CEDARRID I E'RD S' �y CED'AR-HILL —SHER I f�G\I CK - FE -OCT OQ- h'9.,D \CHRISTYCT` SUN;rn Vi4LLEY DR—�`• / `Z� 1 CRADER=DR J 40 S 0 ����Q- ELLIS:g�Vp o \L z z -+ F� ;g w a �` o —w ® m �y w B93 —OAK.cFtEE -.CT ® B SO Case No. B22001 0 245 490 980 Feet N 311 Ellis Boulevard Front Setback Variance W E S City of Jail rson Department of Planning a Protective Services 320 E McCarhj Street Jeffierson City, MD 65901 Phone: 573-634-6410 itclanrina,Oct, Lgff itvmo.or^. www.jeffersoncityrno.gov A P P L CA a �0N' TtD� TH'2 810 y 1D OF 1. The undersigned hereby request(s) the following-. ❑ Conditional Use Permit (Section 35-73A; Section :, -, ,, �n�_ I ,a„i Date filed. N Variance (Section 35-735; vection 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) 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). Vadance to the required Front Yard Setback io permit a cantilevered canopy to encroach up to IQ' into the From 5ezback 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: 311 Ellis Blvd. B. Properly Description: See /attached 4. A site (plan in accordance with Section 35-711 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 flee: $340 + $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 Requived 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 8 c. Fence height variance - Addendum C d. Number of parking spaces variance — Addendum D e. Location of off street parking variance — Addendum E f. General Variance (variances not associated with other addendums) — Addendum F g. Conditional use permit —Addendum G h. Telecommunication facility conditional use permit — Addendum H i. Signage: 1. Signage variance — Addendum i 2. Conditional use sign permit — Addendum J j. Appeals of administrative decision — Addendum K k. Variance to Floodplain Reguiabons — Addendum L Page 1 of 110 r. The cnnclersigrucdce6-ti£gs t® rase 2Bl 0f thG ovVnGr(a) Of GIG above described Property and that ih8 SUbn9it ed infoanadon (including all aftchrflentS to this application) is true and correct. (1-49 £r4f hers of ai is properEY CElusi sign and the signatures must be .notar 7ed). —7� V �7 P erty Owner Signature Printed Name,971 le {type or print) �LC Subscribed and sworn before me this j'� �/i day of / G� GRETCHEN HAWKINS Notary Public - Notary Seal State of Missouri Commissioned for Greene County My Commission Expires: March 30, 2023 Commission Number: 15468550 i Applicant. if different from roperty owner : Name U -Haul Storage & Moving of Jefferson City MailingAddress 311 Ellis Blvd. Jefferson City, MO 65101 Phone Number 1 573-635-7244 Specific ir:fo - ation maybe 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. ladividuals should contact the ADA Coordinator .at (573) 63-1-6570 to request acconrrtodaiior:s or alternative formats as required under the Americans re48h Disabilities Act. Please allow., three business days to process the request. Page 2 of 0 0 0 NEI I , U -HAUL MOVING & STORAGE Central Ifissouri Professional Services, Inc. 9 ! i^CANOPY ADDITION ENGINEERING - SURVEYING - MATERIA1.5 TESTING in A Z M e RLP CONSULTING E. N,- JEFFERSON Cm, MISSOURI —xw 311 ELLIS BLVD. JEFFERSON CITY, COLE COUNTY, MISSOURI �-"m 9 h, -7 I , U -HAUL MOVING & STORAGE Central Ifissouri Professional Services, Inc. 9 ! i^CANOPY ADDITION ENGINEERING - SURVEYING - MATERIA1.5 TESTING in A Z M e RLP CONSULTING E. N,- JEFFERSON Cm, MISSOURI —xw 311 ELLIS BLVD. JEFFERSON CITY, COLE COUNTY, MISSOURI �-"m �m > 2 if: B; c %-.0 -0 00 ifs?'Im _ in _m D g"H.V A ne _nfR _ i3 i£ T k 2 wn X ..-„ >kP:� Y ';u .D vk g,. ,s;, of Hiz F� m gK ] In D Co Z e 0 (n 0i";jA r -a'za x Z ONX e >F 5'd�,atiF IC " r�igg I> M �FRte� S""�r` Z� a �1 s a x5F 5nR$ t� & £Xo mnh SJ T Si` e"5 ea "fi;= ex ; rrnn f£ s --Rti a_g 'a P t s R y L ye i F n O 4 � •' CA) 0l Z r C — �D Z 1 _ M' D i 00 r C _ in _m ti i1I �M oD Z �m M D i- n Z Y ';u n O 4 � •' CA) 0l Z r C — �D Z 1 _ M' 1. D i = r C r IT! ' ..... o Z A M D i- n Z Y ';u T- IT! 1. y = r C CU DAA = :p m Y ';u T- IT! D Co Z e 0 (n 0i";jA Z ONX M Z� 1. y = m z�� I •` y I � n � e '� g g P"r; mwanecnmucasannnv D o U -HAUL CANOPY - g �'�c c c rpt _ 99a� Connell Architecture, P.C. m N S Y�€,' 2311 East Walnut St, Suite B C=) 3] I ELLIS BLVD¢i� ,��� Columbia, Missouri 65201 r" JEFFERSON CITY, MISSOURI 65101 I Ni r=JJ brlanconnellpconnellarchitecture.cam y = CU DAA = :p m Y D Z Z m z�� I •` y I � n � e '� g g P"r; mwanecnmucasannnv D o U -HAUL CANOPY - g �'�c c c rpt _ 99a� Connell Architecture, P.C. m N S Y�€,' 2311 East Walnut St, Suite B C=) 3] I ELLIS BLVD¢i� ,��� Columbia, Missouri 65201 r" JEFFERSON CITY, MISSOURI 65101 I Ni r=JJ brlanconnellpconnellarchitecture.cam ei ei�s�is My '23"Oard ov AidjustmeM ArPPHCataoi' `ddGndum A -- DerJsit`y and MmensiORA &Bndards To be used for variance requests dealing k/Oth setbacks, lot width, or lot area. (Section 35-73.8.4.b and c.(1)) �1I � BIHs BW, Address � q �,�1�; �J"U l101d' Si'Ol -98 & PMO�%� 19 o e'anfferson CiIL ty Applicant Nar7e oy Provide responses to the following required findings. Stale 211 reasons for your answer and use additional pages to complete your answer if necessary. GeneraC Ej nolunM 1. Would the proposed variance eliminate an adequate supply of light or air to the adjacent property,? The proposed variance would have no impact to the supply of light or air to the adjacent property. The proposed canopy will be located approximately 120' from adjacent property, While the canopy will be located within 16' oa the Alis BIvd. right of way, in this location, the right of way is wider than typical. The canopy will be located approximately 49' from the street. The canopy will consist of two columns located adjacent to the existing building. The canopy will be cantilevered over the existing Moririmrs in•: ulifk o fnkrir rnnf 2. Would the proposed variance substantially increase congestion on the public street? The proposed variance will have no impact to existing tr2 is patterns. 3. Would the proposed variance increase- the danger of fire or endanger the safety of the public? The proposed variance will not increase fire danger or endanger the safety of the public. All construction will meet current building codes. 4. Would the proposed variance be unduly injurious to the use and enjoyment of the adjacent property? The proposed variance will have no impact to adjacent properties. See Finding #1 above. Jefferson City Board of Adjustment Application Addendum A — r_lensit, and Dimensional standards e 2 5. Would the proposed variance substantially diminish properly values in the neighborhood? The proposed variance will have no impact to property values. The adjacent properties are all zoned for commercial uses. The proposed construction is typical for GO M—rdal proper 6. Would the proposed variance be in keeping with the general spirit and intent of the Zoning Code? The proposed variance is within the intent of the Zoning Code. In this instance street right of Vya%li i -q wider than typical, which nacessitates the variance. 9ecific 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? Yes, In this instance, the street right of way is wider than typical which increases i:€ -�e area of the property that is subject to the front ,lard setback, EXMB <T A al'nycd-UAOA Part of the I-Iortheast Quarter of the Northwest Quarter and part of the Northwest Quarter of the Northeast Quarter of Section 24, 'Township 44 North, Range 12 West, in the City of Jefferson, Cole C OUnty, "AissOtri zs-0 pa'�culaely descrbed as '611,ows: From the northwest corner of the Northeast Quarter of said Section 24; thence N861 14'14"E, along the Section Line, 226.51 feet to the northwest corner of a tract described by deed of record in Book 235, page 547, Cole Cournty Recorder`s Office-the-Rce 83°14'00" 13, along the west ?�e of said tract described in Book 235, page 647 and along the west line of another tract described by deed of record in Book 183; page 240, Cole County Recorder's Office, 754.93 feet to a point intersecting the northerly tine of an 80 foot wide public eight -oma kvay -mown as Ellis Bouleva*-d; thence Westerly, along said right -of way he, on a curve to the left, having a radius of 613.70 feel, an arc distance of 59.11 feet, (the chord of said curve being 1NT85°34'56" W, 59.09 feet) to the southeasterly comer of a tract described in a Deed of T rast, of record in Boole 219, page 8105, Cole County Recorder's Office; thence N3°21'42"W, along the easterly line of said tract described in Book 219, page 805, and along the easterly line of the second described tract in the Deeds of Trust, of record in Book 209, page 911 and Book 194, page 68, Cole County Recorder's Office, 207.56 feet to the northeasterly comer of said second described tract; thence N8596'42"W along the northerly line of said second described tract in Book 209, page 911 and Boob 194, page 68, 80.00 feet to the POINT OF BEGINNING forthis description; thence continuing N85'16'42"lel, along the northerly line of said second described tract in Boon 209, page 911 and Book 194, page 68, 80.00 feet; to the northwesterly corner thereof; thence S 3'21 '42-"E, along the westerly line of said second described tract in Book 209, page 911 and Boole 194, page 68, 18,95 feet; thence N73°4T48"W, 35.95 feet; thence N71 °43128"W5 87.61 feet; thence N68°14'429"W, 103.92 feet to a point intersecting the northeasterly line of a tract described by deed of record in Book 364, page 972, Cole County Recorder's Office; thence S29043'42'�, along the northeasterly line of said trace described its Book 364, page 973, 64.13 feet to the northeasterly comer thereof and said cornier being the northwesterly comer of the first described tract in the aforesaid Deeds of Trust, ofrecord in Book 194, page 68 and Book 209, page 911 ; thence S23023'54"W along the westerly line of said first described tract in Book 194, page 68 and Book 200, page 91 1, being also the easterly line of the aforesaid tract described in Book 364, page 972, 152.01 feet to a paint im,5Qctrtlg the not herly iLe of a vti ble widthht=of way of the aforesaid Ellis Boulevard; thence S67°45'19"E, along said right-of-way line, 98.78 feet; thence 555'20' 14"E, along said right-of-way line, 86.39 feet to a point intersecting the northerly line of the 80 foot wide right-of-way of said F,l�s Boulevard; thence, along the northerly line of said 80 foot wide right-of-way the following courses: Easterly, on a curve to the left, having a radius of 343.07 feet; an arc distance of 96.78 feet, (the chord of said curve being 586°56'26" E, 96.46 feet); thenceN84°58'41 '1, 21.50 feet; thence leaving said right-of-way line; N16°57'19"E, 93.84 feet to a point on the southerly outside face of the existing building; thence N84046'29"W, along said southerly outside face, 9,50 feet; thence N 1927°27"E, on a direct line through said existing building, 20.33 feet to a point on the northerly outside face thereof; thence S85038'17"E, along said northerly outside face, 12.06 feet; thence N2017'27"E, 112.51 feet to the POINT OF BEOINTMINu. EXCEPT those tracts granted to Harris Ventures, Inc. in Book 473, page 118, Cole County Recorder's Office. City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, Mo 65909 Phone: 573-634-6490 icelannina(a, 1 thyro otn www.jerrersoncitymo.gov 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 3 of 10 r, -,ease use aaamonai sheets if necessary) U -Haul Storage & moving -Canopy 311 Ellis Blvd. Name of Project Location /Address Submitted by Paul Samson, I'E ❑P&Z: ❑Zoning Amend ❑Comp Plan Amend ❑Special Exception Applications Submitted (Check box) ❑PUD ❑Sub. Plat ❑Annexation ❑ BOA: ❑CUP [Variance ❑Appeal Consultant(s) (List lead consultant and all others who are responsible for major project elements) Lead Consultant Name !'au! Samson, PE Firm Name CMPS 2500 E. McCarty St. Jefferson City, MO 65101 573-634-3455 Fax No. psamson@crops-inc.com Address Telephone Number E -Mail Consultant Name 14usfi7 PlunkettFirm Name RLP Consulting Address 2000 E. Broadway, Columbia, MO 65201 356-4501 Telephone Number Fax No. Mlpconsulting9302@gmail.com� E -Mail Consultant Name Firm Name Address Telephone Number Fax No. E -Mail Property Owners/Applicants (List owner; Nark "X" next to the name of the primary contact) Owner Name AREC 46, LLC Address 2727 N. Central Ave, Phoenix, AZ 85004 Telephone No. Fax No. E -Mail Applicant Name U -Haul Storage & Moving of Jefferson City Address 311 Ellis Blvd, Jefferson City, MO 65101 Telephone No. 573-635-7244 Fax No. E -Mail 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 3 of 10 City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 December 28, 2022 Dear Property Owner: Carrie Tergin, 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, January 11, 2022, in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business. This meeting will be an in-person meeting. Case No. B22001 — 311 Ellis Boulevard; Front Setback Variance. Application filed by AREC 46, LLC, property owner, on behalf of U -Haul Storage and Moving of Jefferson City, applicant, for a 10 feet variance from the 25 feet front setback requirement of the C-2 General Commercial zoning district (Section 35-51 Density and dimensional standards) to construct a cantilevered canopy at the front of the building. The property is located on the north side of Ellis Boulevard 300 feet east of Christy Drive and is described as part of the Northeast Quarter of the Northwest Quarter and part of the Northwest Quarter of the Northeast Quarter of Section 24, Township 44 North, Range 12 West, Jefferson City, Cole County, Missouri (Central Missouri Professional Services, Consultant). As an adjoining landowner and/or neighbor, you are being provided notice of this hearing. Unfortunately, we are unable to record comments received by telephone, but written comments will be made part of the official record. Written comments may be directed to the Board of Adjustment in one of the following ways: e-mail: jcplanning@jeffcitymo.org fax: Department of Planning & Protective Services, Planning Division, 573-634-6457 mail: Department of Planning & Protective Services / Planning Division John G. Christy Municipal Building, 320 E. McCarty Street, Jefferson City, MO 65101 Written comments must be received before 5:00 p.m. Monday, January 10, 2022 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.weffersoncitymo.gov/government/planning/board of adjustment php If you have any questions concerning this matter, please feel free to contact me at 573-634-6573. Regards, Kortney Bliss Planner I 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. �;m�sR IHfH�SIW'AWflOJ 3= Auo NOSH3jd3P WIS Sm3 usan y � z "a -M tr/si i 'JNI1lf1SN00 dlN a I W g r 70196 WDSS01 'AM xoSN3d.M O src-Ics (as) p- — ,uavo-x 'z oosz c O:vus. smastrx - oxlxze fl - ONIMNI0Ne .� F avI 'saovlaag IauotssaJoad pnossig jea}uao 2� N011laad AdONbO3E)yaOlS'8 JNIAOW inVH-n E -- a '7 li ! / I I / I � ( / /I% / / hi• -..,3 3— �SJ ux null I i Property Ownev [i s t UNITED STATES POSTAL SERVICE G F CONVENIENCE L L C 433 WEST VAN BUREN 301 E 8TH ST CHICAGO, IL 60607 ELDON, MO 65026 RING, BRUCE JR & ELIZABETH ROSE 3604 SCHOTT RD JEFFERSON CITY, MO 65101 HO LLC 839 SOUTHWEST BLVD JEFFERSON CITY,MO 65109 HARRIS VENTURES INC 315 ELLIS BLVD CORPORATION JEFFERSON CITY, MO 65101 BOX 105288 5288 COMMUNITY CHRISTIAN CHURCH OF CHRIST OF JEFFERSON CITY 409 ELLIS BLVD DR JEFFERSON CITY,MO 65101 BAX, RICK & ALLISON 1911 CHURCHVIEW HTS JEFFERSON CITY, MO 65101 A R E C 4 6 L L C 2727 N CENTRAL AVE PHOENIX, AZ 85004 FORE CS L L C 1405 TORREY PINES DR COLUMBIA, MO 65203 MCDOWELL & KOLB L L C PO BOX 6850 JEFFERSON CITY, MO 65102 PROVIDENCE BANK A MISSOURI BANKING % ACCOUNTS PAYABLE PO JEFFERSON CITY, MO 65110- M P C #47 L L C 9439 SAPPINGTON ESTATES ST LOUIS, MO 63127 Case No. B22001 311 Ellis Boulevard Front Setback Variance 185 ft. Notification Buffer N W+ E S 0 75 150 300 450 600 Feet FS 0 cn 0 Jeffeirson Boalrd. of Adjustni-tiaint J a n, Lu a ry G 1, 2 022 Other Business Board ®f Adjustment Byaw Amendments Rules of Procedure Jefferson City, Missouri Board of Adjustment Rule 1. Purpose 1.1 The purpose of these Rules of Procedure is to supplement the provisions of Chapter 89, RSMo, City Charter, and City Code, including Chapter 35, Zoning as they pertain to the Board of Adjustment of the City of Jefferson, Missouri. In the event of a conflict, State Statute, City Charter and Code shall prevail. Rule 2. Membership and Voting 2.1 The composition and membership of the Board of Adjustment of Jefferson City, also known herein as the "Board", shall be in conformance with §89.080, RSMo 2.2 Alternate Members A. Alternate members appointed shall serve in the absence or disqualification of a regular member. Alternate members shall be designated to vote at the beginning of each Board meeting whenever possible and shall retain their ability to vote throughout the Board meeting until the end of the meeting or until a regular member is present and qualified to vote, whichever comes first. Alternates shall be designated to vote based on seniority. B. Alternates not designated to vote may participate in discussion but shall not formulate motions nor vote. 2.3 Qualification for Voting A. Regular members present at the start and conclusion of a public hearing, not otherwise disqualified, shall be qualified to vote on the issue before the Board for which the public hearing has been called. B. An alternate member shall be qualified to vote when designated to vote by the Chairman Chair in accordance with Rule 2.2. C. The qualification for voting shall be reassessed before each public hearing. Rule 3. Meetings 3.1 Meetings of the Board of Adjustment shall be held at the call of the Chaiffflan Chair and at such other times as the Board may determine, but unless otherwise specified, the regular meeting shall be the second Tuesday of each month at 7:30 a.m. in . Meetings shall be held in the Council Chamber of the Municipal Building, 320 East McCarty, Jefferson City, Missouri, unless otherwise specified. Rule 4. Quorum 4.1 A quorum shall be determined to be present prior to the conduct of any business. Quorum shall be as defined in Chapter 89 RSMo and City Code, which states that four (4) affirmative votes shall be required to approve any official matter before the Board. If at any meeting of the Board of Adjustment it should be suggested that a lack of quorum exists and the Board so finds, then the Chairman Chair or Actings Chair shall adjourn such meeting to the earliest possible date in order to afford a full hearing upon such appeal or application pending. Rule 5. Officers, Election of Officers 5.1 The Board shall elect from its members a Chairman Chair and Vice Chairman Chair- In the Rules of Procedure Jefferson City, Missouri Board of Adjustment absence of both the ChaiFmati Chair and the Vice Chair -man Chair, the commission shall elect an Actings Chair to conduct the meeting. Officers shall be elected at the first regular meeting in October of each year, and as needed to fill vacancies. Officers shall assume their respective duties immediately upon election and shall serve until their successors have been elected and qualified. . 5.2 The Chairman Chair or Acting Chairman Chair shall retain full membership rights and shall cast votes in all matters before the Board. 5.3 Duties of the Chairman Chair. The Chair -man Chair shall preside at all special and called meetings, and perform such other duties as may be required by Statute, Code, or the Board. 5.4 Duties of the Vices Chair. The Vice Chairman Chair shall act in the capacity of the Chairman Chair in his when the Chair is absenee—t and in the event the office of Ghaifman Chair becomes vacant, the Vices Chair shall succeed to this office for the unexpired term. Rule 6. Disqualification due to personal or financial interest, or implied conflict of interest 6.1 Members or alternate members who have a personal or financial interest, or a conflict of interest in the outcome of a case shall disqualify themselves from participation in the hearing of the case. The member or alternate member shall announce the case with which a personal or financial interest, or conflict of interest exists and excuse themselves from that case's proceedings. Such disqualified members shall not sit as a member of the Board during the hearing of the case, shall leave the chamber, and shall participate in the Board's hearing, discussion, and decision of the case. Rule 7. Parliamentary Procedure 7.1 Parliamentary procedure in Board meetings shall be governed by "Roberts Rules of Order, Newly Revised," except as specifically modified herein. Rule 8. Form of Agenda 8.1 Agendas shall be prepared for all meetings, whether regular or special called meetings. The order of business therein shall be as follows: a. Introductions and Roll Call b. Procedural Matters (1). Determination of Quorum, Abstentions, and Need for Voting Alternates; (2). Call for Cases (identify applicants who are present or absent); (3). Receive Requests for Continuance; (4). Receive Requests for Re -ordering the Agenda; (5). Swearing -In; (6). Format of Hearing, Order of Testimony (7). List of Exhibits c. Adoption of Agenda Rules of Procedure Jefferson City, Missouri Board ofAdjustment d. Swearing In e. Approval of Minutes f. Old Business: Continued applications and hearings g. New Business: New applications (1). Conditional Use Permit Applications (2). Variances (3). Appeals h. Communications and Reports i. Other Business j. Adjourn Rule 9. Swearing In, Procedure 9.1 The Chairman Chair shall swear in the group of persons who wish to give testimony prior to the cases being heard. if a witness arrives late, Any witness who arrives late shall be separately sworn in prior to testimony. 9.2 The Chair -man Chair shall commence the swearing-in procedure where indicated in the agenda by the following announcement: "All testimony and evidence shall be submitted to the Board under oath. At this time all those who wish to speak shall please stand and raise your right hand: Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth and nothing but the truth? If so, answer, `I do."' Rule 10. Presentation and Testimony 10.1 Proceedings may be recorded by audio, electronic, or manual means. 10.2 Each case coming before the Board shall be heard in the order prescribed by Section 35- 70.H., Jefferson City Zoning Code. 10.3 Presentations shall be made from the podium; oral testimony shall be given into the microphone, unless specifically permitted to speak from elsewhere by theme Chair. All remarks shall be addressed to the Board as a body and not to any member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Board without the permission of theme Chair. No question shall be asked of a member of the Board except through the presiding officer. 10.4 The opening presentation by the applicant shall be limited to 10 minutes, unless specifically granted additional time by the Board. A spokesperson representing an identified [applicant or ] group shall be limited to 10 minutes unless specifically granted additional time by the Board. 10.5 All interested parties will be given a chance to give testimony, however, testimony from supporters, opponents, or other interested parties shall be limited to three (3) minutes each, unless Rules of Procedure Jefferson City, Missouri Board ofAdjustment specifically granted additional time by the Board. 10.6 The presentation of rebuttal testimony by the applicant shall be limited to new matters made necessary in explanation of matters raised following the applicant's original presentation and shall not be for the purpose of merely restating matters previously submitted by the applicant in l -i -s the applicant's original presentation. Rebuttal testimony shall be limited to five (5) minutes unless permission shall be granted by the Board for additional time. 10.7 Any witness may be questioned by any member of the Board, or the attorney for the Board. or any other interested person appearing at such hearing upon request, provided such request for cross-examination is made at or prior to time for such cross-examination. If no such request is made cross-examination shall be deemed to be waived. Right of cross-examination will be subject to reasonable restrictions by theme Chair or Acting Chair -man -Chair as to the manner, time and method of such cross-examination. 10.8 The applicant shall be given three (3) additional minutes for closing testimony, if the applicant so requests. 10.9 Individuals who wish to provide written testimony or other materials shall submit them at the direction of the Chair -man Chair. The Board shall become the custodian of all materials submitted during the course of a hearing, and the Board shall determine whether any material submitted may be returned. Rule 11. Staff Reports 11.1 Printed reports. Individual reports shall be printed for each application to be heard. Copies of printed reports shall be available at the hearing. 11.2 Oral reports at the hearing. In order to reduce the time necessary to hear an application, reference to printed material, including staff reports, applicable findings, ordinances, and/or statutes shall not be read into the record unless directed by the Board of Adjustment. 11.3 Staff reports and recommendations, if any, on any matter before the Board shall be presented to the Board before the Board acts on the matter. Rule 12. Close of Testimony, Form of Motion and Vote 12.1 The Board shall close testimony from the floor prior to discussion or motion on the case. 12.2 The form of motion shall be positive; that is the motion shall be made to accept the request as presented or with modifications, stipulations, or conditions. 12.3 A final vote will be taken by voice vote. The rr Chair shall announce the results of the vote, specifying the number of votes cast in favor, and the number of votes cast against. Rule 13. The Chair-Faan Chair may require the attendance of witnesses 13.1 Upon written request giving the full name, mailing address, and telephone number of any desired witness or witnesses, filed with the Planning Division and directed to the Chair -man Chair of the Board of Adjustment, at least seven (7) calendar days prior to the date set for hearing, any interested person may request the ren Chair to compel the attendance of any witness Rules of Procedure Jefferson City, Missouri Board of Adjustment deemed necessary for a full hearing, then the ren Chair or Acting. Chair will compel the attendance of any such witness so requested to be at such hearing for examination, cross-examination, or both. 13.2 The party requesting the Chair -man Chair to compel the attendance of witnesses shall providehis or- cr- full name, mailing address, and telephone number, and shall also be compelled to attend the hearing. Rule 14. Custodian of Records and Official Forms 14.1 The Planning and Zoning Division of the Department of Planning and Protective Services shall serve as Secretary, and shall prepare agendas, public hearing notices, and other notifications, record minutes, and maintain all official forms and records of the Board of Adjustment. 14.2 The Planning and Zoning Division of the Department of Planning and Protective Services may contract with court reporters for the recording of minutes consistent with §§610.020 and 536.070(4), RSMo Rule 15. Amendments 15.1 Except as restricted by Statute, Charter, or Code, these rules may be amended, rescinded, supplemented, or repealed at any time by a concurring vote of four (4) members of the Board of Adjustment. 2022 BOARD OF ADJUSTMENT MEETING SCHEDULE Following is a list of regularly scheduled meetings of the Board of Adjustment through December 31, 2022. All meetings will be held at 7:30 a.m. in the City Council Chambers on the Second Tuesday Morning of each month. We will follow this schedule unless you are notified of a change. JANUARY 11 FEBRUARY8 MARCH 8 APRIL 12 MAY 17** JUNE 14 JULY 12 AUGUST 9 SEPTEMBER 13 OCTOBER 11 NOVEMBER8 DECEMBER 13 **Changed to accommodate Truman Day