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HomeMy Public PortalAbout2022-07-13 minutesMEETING MINUTES JEFFERSON CITY BOARD OF ADJUSTMENT July 12, 2022 BOARD MEMBERS PRESENT ATTENDANCE RECORD Andrew Hake, Chairman 9 of 9 Katy Lacy (via Webex) 6 of 9 Jay Seaver 6 of 9 Adam Cartwright, Alternate 9 of 9 Roy Michael, Alternate 8 of 9 BOARD MEMBERS ABSENT Jim Crabtree, Vice Chairman 8 of 9 Brad Schaefer 4 of 9 Michael Eichner, Alternate 2 of 3 COUNCIL LIAISON PRESENT Erin Wiseman STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Dustin Birch, Associate City Attorney Kortney Bliss, Planner Shane Wade, Civil Engineer Katrina Williams, Planner Lisa Dittmer, Administrative Assistant Guests: Rodney Ponder, Jerry Bartel, Nathan Muessig, and Jeff Haldiman with The News Tribune. 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, Lacy, Seaver, Cartwright, and Michael. Those wishing to speak to the Board were sworn in. 2. Procedures Explained Chairman Hake explained the procedures of the meeting. Ms. Bliss 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. Seaver moved and Mr. Cartwright seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Hake, Lacy, Seaver, Cartwright, and Michael. Nay: None. 4. Approval of Minutes from the Regular Meeting of the June 14, 2022 Meeting Mr. Seaver moved and Mr. Michael seconded to approve the minutes as printed. The motion passed 5-0 with the following votes: Minutes/Jefferson City Board of Adjustment Page 2 July 12, 2022 Aye: Hake, Lacy, Seaver, Cartwright, and Michael. Nay: None. 5. Communications Received Communications on Case B22008 were distributed to Commission Members. 6. New Business – Public Hearing Case No. B22005 – 312 Joe Lane, Front Setback Variance. Request filed by Show Me Assets LLC, property owner, for a 1.55-foot front setback variance from required 25-foot front setback of the RS-2 Single Family Zoning District to permit a 23.45-foot front setback for the construction of a new single-family dwelling. The property is located 270 feet south of Scenic Drive and is described as part of Lot 406, Lot 407, and Lot 408, Landwehr Hills Subdivision, Section 15, in the City of Jefferson, Cole County, Missouri. (Muessig Construction, Consultant). Ms. Bliss described that the location of the request, zoning of the property and surrounding property, and the proposed use as a single-family dwelling. Ms. Bliss stated there was a foundation inspection completed and the foundation was found to be in compliance with the front setback variance. A survey completed later found that three corners encroached slightly into the front setback. Ms. Bliss described the role of the Board in reviewing the required findings and that information on the required findings are contained in the application materials and the staff report. Mr. Seaver inquired if the subject property is already under construction, Ms. Bliss advised the first residence is currently under construction. Mr. Barron described that this is considered an after the fact variance. The foundation of the house was placed slightly in the front setback area. The front property line was staked by a survey company and 25-foot measurements were taken off of those stakes. When the survey company came back to survey the site as part of the lot split process for additional lots and construction, that is when it was determined the foundation was in the front setback area. Nathan Muessig, 115 S. Taylor Street, applicant, spoke regarding the request. Mr. Muessig advised, based on the physical measurement, the setbacks were set the right way. Central Missouri Professional Services (CMPS) completed surveys and satellite images that came back with different results. Mr. Muessig asked CMPS why they would be different, CMPS advised the street may have been poured a couple of feet off of what the map is showing compared to the satellite information. Mr. Muessig does not have access to satellite information, so he didn’t know this until after the foundation was already put in. The Chair opened the public hearing. No one spoke regarding the request. The Chair closed the public hearing. Ms. Bliss described that information about the required findings is contained within the application forms and within the staff report. Ms. Bliss described the recommended form of motion. Mr. Seaver moved and Mr. Michael seconded to approve the requested 1.55-foot front setback variance from required 25-foot front setback of the RS-2 Single Family Zoning District to permit a 23.45-foot front setback for the construction of a new single-family dwelling. The motion passed 5-0 with the following votes: Aye: Hake, Lacy, Seaver, Cartwright, and Michael. Nay: None. Minutes/Jefferson City Board of Adjustment Page 3 July 12, 2022 Case No. B22006 – 2229 Christy Drive, Conditional Use Permit Request filed by Land Investments LLC, property owner, on behalf of the United Capital City Soccer Club, applicant, for a Conditional Use Permit to permit the construction and operation of new Commercially Operated Outdoor Recreational Facilities within a C-2 General Commercial Zoning District. The property is located on the east side of Christy Drive and accessed by Special Olympics Drive. The property is described as part of the East Half of the Southeast Quarter of Section 23 and part of the West Half of the Southwest Quarter of Section 24, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Ms. Bliss described that the location of the request, zoning of the prop erty and surrounding property, and the proposed use as a commercially operated outdoor recreational facility. The proposed conditional use is well suited for the area and complies with the Future Land Use Map in the Comprehensive Plan. Mr. Seaver inquired about the review of traffic flow in the area. Mr. Barron advised the City Code requires a traffic impact study if there is greater than 100 peak hour vehicle trips, usually measured on the adjacent streets. This study would be referred to the Public Works Department during the Site Plan Review Process. Brian McMillan, Central Missouri Professional Services, 2500 E McCarty Street, consultant for Land Investments, LLC., spoke regarding the request. Mr. McMillan advised there are two tracts planned: phase one will be constructing four soccer fields and phase two will add two additional soccer fields at a later date. Mr. McMillan advised Land Investments is keeping the corner tract A-3 for potential future hotels or restaurants. Mr. Barron inquired about field lighting, Mr. McMillan confirmed the fields will be lighted, but do not anticipate the lighting to cause any issues in the area. Mr. Seaver inquired about noise and lighting issues with residential housing in the area. Mr. Barron advised a private road, Rock Road, accesses three houses nearby, currently zoned residential. Rock Road is not a street developed to city standards and would be a major expense to make it a city street in the future. Christy Drive is an arterial street and Mr. Barron expects future rezoning in the area is a high possibility. Mr. McMillan advised City Code requires buffer yards next to a residential area, and the project does meet the buffer yard requirements of an open buffer yard of 30 feet from the property line. The anticipated start date is by the end of 2022, with hopes to complete the project by spring 2023. The Chair opened the public hearing. No one spoke regarding the request. The Chair closed the public hearing. Ms. Bliss described that information about the required findings is contained within the application forms and within the staff report. Ms. Bliss advised the Fire Department did mention that two fire hydrants would be needed, this would be addressed during the site plan review process. Ms. Bliss described the recommended form of motion. Mr. Seaver moved and Mr. Michael seconded to approve the requested Conditional Use Permit to permit Commercially Operated Outdoor Recreational Facilities in a C-2 General Commercial zoning district with the following condition. 1. The development must comply with all applicable City Code requirements in all stages of development. The motion passed 5-0 with the following votes: Aye: Hake, Lacy, Seaver, Cartwright, and Michael. Nay: None. Minutes/Jefferson City Board of Adjustment Page 4 July 12, 2022 Case No. B22007 – 2302 & 2312 East McCarty Street, Conditional Use Permit and Variances. This case was continued to the next meeting after discussions with the applicant. Case B22008 - 316 Belair Drive, Rear Setback Variance. Request filed by Rodney & Sheila Ponder, property owner, for a 5-foot variance from the 5-foot rear setback requirement for an accessory structure to permit a carport to be placed at a 0-foot rear setback. The property is located 850 feet north of the intersection of Belair Drive and Hillsdale Drive and is described as part of the Southwest Quarter of the Southwest Quarter of Section 35, Township 45, Range 12, in the City of Jefferson, Cole County, Missouri. Ms. Bliss described that the location of the request, zoning of the property and surrounding property, and the proposed use as a n accessory structure to construct a carport. Mr. Barron advised the lot measures 7,650 square feet, which is less than the 10,000 square feet that is the current minimum lot size for that particular zoning district. There is a protection in the zoning cod e that are small and were platted legally, the zoning code describes them as in conformance. Rodney Ponder, 822 Shawn Drive, applicant, spoke regarding the request. Mr. Ponder is requesting to construct the back of a carport on the rear property line behi nd the residence. Mr. Ponder is aware he will need to apply for a building permit if this is approved, before beginning work. The Chair opened the public hearing. No one spoke in person regarding the request, all members were provided e-mail correspondence from Tim Rielly at 315 Norris Drive, voicing his concerns about stormwater issues in the area. Mr. Wade advised this 18’x20’ carport will cause a minimal amount of drainage. Mr. Ponder advised he can add a gutter if needed and plans to add more gravel for water runoff. The Chair closed the public hearing. Ms. Bliss described that information about the required findings is contained within the application forms and within the staff report. Ms. Bliss described the recommended form of motion. Mr. Cartwright moved and Mr. Michael seconded to approve the requested 5-foot variance from the 5-foot rear setback requirement for accessory structures to permit a carport to be placed at a 0-foot rear setback. The motion passed 5-0 with the following votes: Aye: Hake, Lacy, Seaver, Cartwright, and Michael. Nay: None. 7. Miscellaneous Reports Mr. Barron explained that Ms. Lacy is attending virtually to increase the attendance to five members, this was approved prior by the Chair, Mr. Hake. Mr. Birch advised to exercise the virtual meeting option for an individual member, a quorum does have to be present in person. 8. Other Business 9. Adjournment The meeting was adjourned at 8:53 a.m. Respectfully submitted, Lisa Dittmer Administrative Assistant