The URL can be used to link to this page

Home My Public Portal About2022-12-13 packetIndividuals 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. Notice of Meeting & Tentative Agenda Jefferson City Board of Adjustment Tuesday, December 13, 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 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 October 11, 2022 5. Communications Received 6. New Business - Public Hearings Case No. B220011 – 1560 Bald Hill Road, Front Setback Variance. Request filed by Christopher Billings, property owner, for a 6 foot variance from the required 25 foot front setback for the RS-3 Single Family Residential zoning district to permit a 19 foot front setback to accommodate construction of a new single family home. The property is located on the western side of Bald Hill Road at the intersection of Nelson Drive and is described as Part of the Outlet 103, in the City of Jefferson, Cole County, Missouri. Case No. B220012 – 623 Norris Drive, Front Setback Variance. Request filed by Kennan Russel and Lori Brown, property owners, for a 8 foot variance from the required 25 foot front setback for the RS-2 Single Family Residential zoning district to permit a 17 foot front setback to accommodate construction of a 24 foot by 19.5 foot garage. The property is located on the western side of Norris Drive 650 feet south of Boonville Road and is described as Edgewood Addition Lot 6 & Part of Lot 7 in Block 1, in the City of Jefferson, Cole County, Missouri. 7. Miscellaneous Reports 8. Other Business A. Adoption of 2023 Board of Adjustment Calendar 9. Adjourn MEETING MINUTES JEFFERSON CITY BOARD OF ADJUSTMENT October 11, 2022 BOARD MEMBERS PRESENT Andrew Hake, Chairman Jim Crabtree, Vice Chairman Katy Lacy Jay Seaver Brad Schaefer Adam Cartwright, Alternate Roy Michael, Alternate Michael Eichner, Alternate BOARD MEMBERS ABSENT 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 Don Fontana, Stormwater Engineer Lisa Dittmer, Administrative Assistant ATTENDANCE RECORD 11 of 11 10 of 11 8 of 11 8 of 11 6 of 11 11 of 11 10 of 11 4 of 5 Guests: Jerry Campbell, Jennifer Tergin with Central Bank/Central Design Group, LLC, and Paul Samson with Central Missouri Professional Services (CMPS). 1. CaII 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: Crabtree, Hake, Lacy, Schaefer, and Seaver. Those wishing to speak to the Board were sworn in. Mr. Crabtree abstained from voting on case B22010; the designated voters for case B22010 are: Cartwright, Hake, Lacy, Schaefer, and Seaver. 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. Crabtree moved and Ms. Lacy seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Crabtree, Hake, Lacy, Schaefer, and Seaver. Nay: None. Minutes/Jefferson City Board of Adjustment Page 2 October 11, 2022 4. Approval of Minutes from the Regular Meeting of the August 9, 2022 Meeting Ms. Lacy moved and Mr. Seaver seconded to approve the minutes as printed. The motion passed 5-0 with the following votes: Aye: Crabtree, Hake, Lacy, Schaefer, and Seaver. Nay: None. 5. Communications Received No communication was received. 6. New Business — Public Hearings Case No. B22009 — 214 Hoover Road, Variances. Request filed by BRM2002, LLC, property owner, for the following: 1. A variance from the requirement to install a 6 -foot -tall screening fence. 2. A 5 -foot variance from the 30 -foot driving lane width requirement to permit a 25 -foot driving lane width between storage units. 3. A variance from the 2 -parking space requirement. 4. A variance to permit 2 ingress -egress points on the same side of the property abutting a street. The property is located 750 feet northeast of the intersection of Hoover Road and West Main Street and is described as part of the West Half of the Southeast Quarter of Section 34, Township 45 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 property and surrounding property, and the proposed use as mini warehouse storage facilities. Mr. Seaver asked about changing the city code involving variances. Mr. Barron addressed Mr. Seaver's questions and advised city staff does review city code on recurring variance situations when needed. Paul Samson with CMPS, consultant for the property owner, spoke regarding the request. Mr. Samson agreed with Mr. Seaver's comments about city staff reviewing the city code to have the code amended, specifically on the 30 -foot driving lane width requirement. Mr. Samson believes the industry standard for storage units is 25 feet. No one else 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 motions. Mr. Crabtree moved and Mr. Seaver seconded to approve a variance from the requirement to install a 6 -foot screening fence, a 5 -foot variance from the 30 -foot driving lane width requirement to permit a 25 -foot driving lane width between storage units, and a variance to permit 2 ingress -egress points on the same side of the property abutting a street. The motion passed 5-0 with the following votes: Aye: Crabtree, Hake, Lacy, Schaefer, and Seaver. Nay: None. Ms. Lacy moved and Mr. Crabtree seconded to approve a variance from the 2 -parking space requirement. The motion failed 3-2 with the following votes: Aye: Hake, Lacy, and Schaefer. Nay: Crabtree and Seaver. Case No. B22010 — 507 Airport Road; Variance from Floodplain Regulations. Request filed by Central Missouri Realty Co., 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 2,450 square Minutes/Jefferson City Board of Adjustment Page 3 October 11, 2022 foot addition to an existing 7,500 square foot airport hangar as a wet-floodproofed structure. The property is located at the Jefferson City Memorial Airport and is described as part of Public Survey 2638, Jefferson City, Callaway County, Missouri. (Central Design Group, Consultant). Ms. Bliss described the location of the request, and the proposed addition to an existing airport hangar. Mr. Fontana advised the airport was constructed in 1947 and is in the Missouri River floodplain. When the City of Jefferson agreed to be a participating community in the national flood insurance program, the city agreed to enforce the flood code. The owner will incorporate wet floodproofing into the hangar and submit a required flood evacuation plan to the city. Jennifer Tergin, Vice President of Central Missouri Realty Company, spoke regarding the request. Ms. Tergin advised Central Missouri Realty Company has been leasing this hangar site from the City of Jefferson for over 50 years and they are familiar with the floodwater process. The company has written evacuation procedures in place and will be adding flood vents throughout the entire hangar. The company is wanting to extend the front of the hangar for a larger plane with a wider wing span. No one else spoke regarding the request; the Chair closed the public hearing. Mr. Fontana answered Mr. Seaver's question and advised he spoke with the airport manager who is ok with reducing the apron area and the area between the taxiway and the hangar. Ms. Lacy moved and Mr. Seaver seconded to approve a variance from floodplain regulations, with the following condition: submittal and approval of a flood evacuation plan. The motion passed 5-0 with the following votes: Aye: Cartwright, Hake, Lacy, Schaefer, and Seaver. Nay: None. Abstain: Crabtree. 7. Miscellaneous Reports None 8. Other Business None 9. Adjournment The meeting was adjourned at 8:17 a.m. Respectfully submitted, Lisa Dittmer Administrative Assistant Jofforson at)/ 8oard of Ad ustment December '3, 2022 Case No. B22011 Christopher Billings 1560 Bald Hill Road Front Setback Variance Single Family Home City of Jefferson Board of Adjustment LOCATION MAP Case No. B22011 1560 Bald Hill Road Front Setback Variance 0 40 80 160 Feet C ty of ,eiiferson P irni ng and Zoning Commission VDCINITY Case No. B22011 1560 Bald Hill Road Front Setback Variance 0 130 260 520 Feet STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI December 13, 2022 Case No. B220011 — 1560 Bald Hill Road, Front Setback Variance. Request filed by Christopher Billings, property owner, for a 6 foot variance from the required 25 foot front setback for the RS -3 Single Family Residential zoning district to permit a 19 foot front setback to accommodate construction of a new single family home. The property is located on the western side of Bald Hill Road at the intersection of Nelson Drive and is described as Part of the Outlet 103, in the City of Jefferson, Cole County, Missouri. 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 applicant desires to construct a single family home. Based on the proposed home placement, the house would extend at maximum 6' into the 25' front setback required for the property as the lot lies within a RS -3 Single Family Residential zoning district. Thus, to accommodate construction of the structure in the desired location on the site, the applicant is requesting a 6' variance from required 25' front setback to permit a 19' front setback for the subject property. Variances such as those for front setbacks, according to City Code for the City of Jefferson, must go through review and reach an approval status determination made by the Board of Adjustment. Findings are a part of the decision making process and 4 votes in favor of the request is needed for granted approval. ZONING AND SURROUNDING LAND USE Current Zoning: RS -3 Single Family Residential Surrounding Zoning Surrounding Uses North RS -3 Single Family Residence South RS -3 Vacant open land East RS -3 Single Family Residence West RS -3 Single Family Residence BACKGROUND INFORMATION In some areas, the terrain of the property has approximately 30' of elevation fall across the front portion of the property. The property has been heavily graded in preparation for home construction. The home is proposed to be 1428 square feet with a garage and a driveway, having a two vehicle compacity, connecting to Bald Hill Road. This residential use and site design features such as a home with garage and driveway positioned as proposed by the applicant is common in the area. Lots within the RS -3 zoning district are required to have a minimum front setback of 25' per Exhibit 35-51A Density and Dimensional Standards. FINDINGS REQUIRED The Zoning Code within the City Code outlines certain findings for review by the Board of Adjustment when variances are requested. The chart below lists the general required findings for variances. In addition, as this request is for a variance under the density and dimensional categorization, there are two questions for the Board of Adjustment to consider with respect to the specific variance request type. Such questions are found below above the chart. Within in the case packet, the applicant has provided responses to described required findings. Thus, in consideration of the request, the Board of Adjustment can review the following: 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 Comments Not eliminate an adequate supply of light or air to adjacent property. The setback variance is for the front yard which adjoins Bald Hill Road along its entire frontage. This roadway in combination with the front setbacks of the homes across the street provide separation of the proposed home from its surrounding properties. Not substantially increase congestion in the public street. The requested variance would permit part of the proposed home to sit at minimum 19' from public right-of-way. A garage is suggested by the applicant to be built as well as a driveway that can hold two vehicles. Not increase the danger of fire or endanger the safety of the public. The front setback variance request would result in a required 19' setback from right-of-way utilized by the public. All other setback would remain the same. A driveway is proposed to connect and provide access to Bald Hill Road. Not be unduly injurious to the use and enjoyment of adjacent property. The variance would permit construction of a single family house. This use and site design type is common in this area. Setback separation would remain the same on the rear and side portions. Not substantially diminish property values in the neighborhood. The proposal is for a single family home as the land use. Many of the land uses in the surrounding area are low density family residences or of less intensive use. Be in keeping with the general spirit and intent of the zoning code. The purpose of the variance to accommodate the construction of a home on a property with fairly steep terrain. All other zoning code requirements would be met. STAFF ANALYSIS The requested variance seeks to accommodate steep terrain of the property and would set the proposed home at least 19' from public right-of-way. A garage and driveway are proposed for the site as well with the driveway suggested to connect to Bald Hill Road and to have at least a two vehicle compacity. Use as a single family home is similar to surrounding residential uses. Review of the variance request with respect to the zoning code is conducted to find to what extent the request protects and fosters safety and welfare of the community. FORM OF MOTION Motion to approve requested 6 feet variance from the required 25 feet front setback for the RS -3 Single Family Residential zoning district to permit a front setback of 19 feet for construction of a single family home. City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 JCPlannina(6 jeffersoncitymo.gov www.jeffersoncitymo.gov Date filed: RECEIVED 1 NOV 1 7 ^r2 APPLICATION TO THE BOARD OF ADJUSTMENT PLANNir,: ; 1. PRr1Tf r , PJr c i I 1. The undersigned hereby request(s) the following: n Conditional Use Permit (Section 35-73A; Section 35-71, Site Plan) [71 Variance (Section 35-73B; Section 35-71, Site Plan) Appeal of Administrative Decision (Section 35-73C) n Chapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit n 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). Front setback variance of 6 feet to accommodate construction of new single family home. 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: 1560 Bald Hill Rd. 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: $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 I 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). eh4L Property Owner Signatur/4 Printed Name/Title (type or print) Property Owner Signature StilAbtibErd-4riisworn befor notary Public, Notary Sea! State of Missouri Cole County Commission ft 21755"109 My Commission Expires 03-08-2025 ime this Christopher Billings Printed Name/Title (type or print) day of A 01(i l (bOL _ (1 '3 -- Notary Public A licant if different from grosert owner): III 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 altemative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Page 2 of 10 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)) PropertyAddress1560 Bald Hill Rd. Applicant Name Christopher Billings 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? A city street sits at the front of the property. If approved, the setback would be reduced from 25 feet to 19 feet. 2. Would the proposed variance substantially increase congestion on the public street? No. a garage would face the street and adequate space in the driveway for two vehicles. 3. Would the proposed variance increase the danger of fire or endanger the safety of the public? No. There are no nearby sturctures that would be affected by the front setback variance. 4. Would the proposed variance be unduly injurious to the use and enjoyment of the adjacent property? No. The arrangement of the house would be similar to other houses in the area. 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. The arrangement of the house would be similar to other houses in the area. 6. Would the proposed variance be in keeping with the general spirit and intent of the Zoning Code? Yes. The reason for the front setback variance is to accommodate a house on the property, which has steep terrain. 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? Yes. The property has steep terrain that makes placement of a house at the standard setback line impractical. Parcel data is for assessment purposes only . It is not a legal s ur vey and does not purport to represent a property boundory survey of the parcels shown . It should not be used for conveyan ces or the establis hment of property boundaries. Do not use for navigation. City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 November 28, 2022 Dear Property Owner: Carrie Terqin, 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, December 13, 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. B220011 — 1560 Bald Hill Road, Front Setback Variance. Request filed by Christopher Billings, property owner, for a 6 foot variance from the required 25 foot front setback for the RS -3 Single Family Residential zoning district to permit a 19 foot front setback to accommodate construction of a new single family home. The property is located on the western side of Bald Hill Road at the intersection of Nelson Drive and is described as Part of the Outlet 103, in the City of Jefferson, Cole County, Missouri. As a nearby 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@jeffersoncitymo.gov 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, December 12, 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.jeffersoncitymo.qov/government/planninq/board of adjustment.php If you have any questions concerning this matter, please contact the Planning and Zoning Division by phone at 573-634-6410. Best 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. B22011 1560 Bald Hill Road Front Setback Variance Single Family Home 185 ft. Notification Buffer 0 45 90 180 W S 270 360 1 Feet Jefferson City Board of Adjustment Property Owner List Case B22011 ALDEN, ROXANNE E; RECTOR, JODY 1528 DEL CERRO DR JEFFERSON CITY, MO 65101 1528 DEL CERRO DR MO 65101 BARNETT, ALLEN & LINDA TRUSTEES 1605 BALD HILL RD JEFFERSON CITY, MO 65101 1605 BALD HILL RD MO 65101 BARNHOUSE, WALTER L LUEBBERT, SHARON 1540 BALD HILL RD JEFFERSON CITY, MO 65101 1540 BALD HILL RD MO 65101 BAX, JEFFREY D & BUFFYJ 1030 EL DORADO CT JEFFERSON CITY, MO 65101 1030 EL DORADO CT MO 65101 BEMBOOM, NANCY K 1615 BALD HILL RD JEFFERSON CITY, MO 65101 1615 BALD HILL RD MO 65101 BILLINGS, CHRISTOPHER A 1548 BALD HILL RD JEFFERSON CITY, MO 65101 SANNING DR MO 65101 BROWN, CHAD 65102-0779 JEFFERSON CITY, MO 65102-0779 1008 NELSON DR MO 65101 BUSCH, RHONDA F 1551 BALD HILL RD JEFFERSON CITY, MO 65101 1551 BALD HILL RD MO 65101 1560 Bald Hill Rd. 11/28/2022 CASTRO, JUAN E & CRISTHIA M 1537 BALD HILL RD JEFFERSON CITY, MO 65101 1537 BALD HILL RD MO 65101 CORCORAN, MICHAEL & DANA 1524 DEL CERRO DR JEFFERSON CITY, MO 65101 1524 DEL CERRO DR MO 65101 DUBBERT, JASON P & ALISON B 1547 BALD HILL RD JEFFERSON CITY, MO 65101 1547 BALD HILL RD MO 65101 ERKE, GAIL 1032 EL DORADO CT JEFFERSON CITY, MO 65101 1032 EL DORADO CT MO 65101 HAMM, STEVEN WILLIAM 1516 DEL CERRO DR JEFFERSON CITY, MO 65101 1516 DEL CERRO DR MO 65101 HENDERSON, DARLENE H TRUSTEE 1011 NELSON DR JEFFERSON CITY, MO 65101 1011 NELSON DR MO 65101 OTTO, LEON C & SHARON K TRUSTEES 1559 BALD HILL RD JEFFERSON CITY, MO 65101 1559 BALD HILL RD MO 65101 OVERMAN, TIMOTHY & MURIELL 1510 DEL CERRO DR JEFFERSON CITY, MO 65101 1510 DEL CERRO DR MO 65101 Jefferson City Board of Adjustment Property Owner List Case B22011 1560 Bald Hill Rd. 11/28/2022 OWENS, RANDALL E 1507 DEL CERRO DR JEFFERSON CITY, MO 65101 1520 DEL CERRO DR MO 65101 REEVES, OSCAR & EILEEN 1104 MEADOWS PL JEFFERSON CITY, MO 65101 1104 MEADOWS PL MO 65101 SALVATION ARMY %PROPERTY SECRETARY 5550 PRAIRIE STONE PKWY STE 130 HOFFMAN ESTATES, IL 60192-3715 1102 MEADOWS PL MO 65101 SCHMITZ RENTAL PROPERTIES L L C 4118 HORSESHOE BEND RD JEFFERSON CITY, MO 65101 1100 MEADOWS PL MO 65101 SCHRODER, BONNIE K WIPPERMANN, MARY ANN 1015 NELSON DR JEFFERSON CITY, MO 65101 1015 NELSON DR MO 65101 TATE, RONALD S & ESTHER A 1541 BALD HILL RD JEFFERSON CITY, MO 65101 1541 BALD HILL RD MO 65101 WHERTVINE, RUTH 1609 BALD HILL RD JEFFERSON CITY, MO 65101 1609 BALD HILL RD MO 65101 WOODSON, MATTHEW C & SHELLY R 1555 BALD HILL RD JEFFERSON CITY, MO 65101 1555 BALD HILL RD MO 65101 Jefforson aty Board of Adjustmont December /3, 2022 Case No. B22012 Kennan Russel and Lori Brown 623 Norris Drive Front Setback Variance Car Garage Cott' of Jefferson son Board o i'--cd:ustrinenit LOCA ITRI N MAP Case No. B22012 623 Norris Drive Front Setback Variance 0 50 100 200 Feet IV of Jefferson Planning and Zonjng Comrrtross ors VICINITY Case No. B22012 623 Norris Drive Front Setback Variance 0 115 230 460 Feet IMI STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI December 13, 2022 Case No. B220012 — 623 Norris Drive, Front Setback Variance. Request filed by Kennan Russel and Lori Brown, property owners, for an 8 foot variance from the required 25 foot front setback for the RS -2 Single Family Residential zoning district to permit a 17 foot front setback to accommodate construction of a 24 foot by 19.5 foot garage. The property is located on the western side of Norris Drive 650 feet south of Boonville Road and is described as Edgewood Addition Lot 6 & Part of Lot 7 in Block 1, in the City of Jefferson, Cole County, Missouri. 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 applicant desires to construct a 468 square foot car garage addition to the front of the house. The applicant has specified that part of the desire for the upper level garage is to have a garage on the main level of the home for easier access. Based on the proposed dimensions and placement of the garage, the structure would extend at maximum 8' into the required 25' front setback for the property as the lot is located within a RS -2 Single Family Residential zoning district. Therefore, to permit the construction of the garage in the desired location on the site, the applicant is requesting an 8' variance from the required 25' required front setback to permit a 17' front setback for the subject property. Variances such as those for front setbacks, according to the City Code for the City of Jefferson, must go through review and approval status determination made by the Board of Adjustment. Findings are a part of the decision making process and 4 votes in favor of the request is needed for granted approval. ZONING AND SURROUNDING LAND USE Current Zoning: RS -2 Single Family Residential Surrounding Zoning Surrounding Uses North RS -2 Single Family Residence, Agriculture South RS -2 Single Family Residence East RS -2 Single Family Residence West RS -2 Single Family Residence, Agriculture BACKGROUND INFORMATION The garage is proposed to be 24' by 19.5'. The garage is proposed to connect to the northern driveway. A lower level garage exists in connection to the southern driveway. Lots within the RS -2 zoning district are required to have a front setback of 25' per Exhibit 35-51A Density and Dimensional Standards. The front of the house where the garage addition is proposed sits approximately 37' back from the front property line, where the neighboring houses along the street sit at the standard 25' front setback line. FINDINGS REQUIRED The Zoning Code within the City Code outlines certain findings for review by the Board of Adjustment when variances are requested. The chart below lists the general required findings for variances. In addition, as this request is for a variance under the density and dimensional categorization, there are two questions for the Board of Adjustment to consider with respect to the specific variance request type. Such questions are found below above the chart. Within in the case packet, the applicant has provided responses to described required findings. Thus, in consideration of the request, the Board of Adjustment can review the following: 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 Comments Not eliminate an adequate supply of light or air to adjacent property. The setback variance is for the front yard which adjoins Norris Drive along its entire frontage. This roadway in combination with the front setbacks of the homes across the street provide separation of the proposed garage from its surrounding properties in that direction. Side setbacks separate the garage from adjoining properties, 621 and 625 Norris Drive. Not substantially increase congestion in the public street. Both the garage and driveway are suggested to contain on site parking space. No driveway modifications have been indicated by the applicant. Not increase the danger of fire or endanger the safety of the public. The setback variance request would allow the garage to extend into the front setback. There would still be a required 10' side setback from the neighboring property. Not be unduly injurious to the use and enjoyment of adjacent property. The variance request would permit a 17' front setback for the garage addition. All other setbacks would remain the same. Driveway space for vehicular parking would continue to exist in front of the new garage. Not substantially diminish property values in the neighborhood. Main level garages and carports are common in this residential area, however, the garages and carports are located on the sides of the ranch style residential homes in the area rather than additions to the front. The portion of the home where the garage is proposed to be situated sits back 12' further than the front of the neighboring houses (approximately 37' from the front property line). Be in keeping with the general spirit and intent of the zoning code. The front setback variance of 8' would be the minimum suitable to accommodate the desired garage addition. STAFF ANALYSIS The requested front setback variance would set the proposed garage at minimum 17' away from public right-of-way. No modifications to the driveway have been noted other than a portion of it being consumed by the garage. Presence of a main level garage/carport is a common feature in the surrounding residential area, however, the front of the garage would exist closer to the street than any surrounding structures. FORM OF MOTION Motion to approve requested 8 feet variance from required 25 feet front setback for the RS -2 Single Family Residential zoning district to permit a front setback of 17 feet for construction of a garage. City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 icplannina{a jeffcitvmo. ora www.jeffersoncitymo.gov Date filed: APPLICATION TO THE BOARD OF ADJUSTMENT PLANNING & 1. The undersigned hereby request(s) the following: PROTECTIVE SERVICES ❑ Conditional Use Permit (Section 35-73A; Section 35-71, Site Plan) di Variance (Section 35-73B; 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). t u it E 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 applicatio . A. Street Address: B. Property Description: 6,15/U�r�'S fir. . MD, -Rmtly-f-fDINA.& 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 I 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 r.perty Owner Signat re 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 correc, (All owners of this property must sign and the signatures must be otarized) Subscribed and sworn before me this JD(i -P)r)Lat/ Printed Name/Title (type or print) 1ei ift h./)1473 ( Printed Name/Title (type or print) 15±11day of Aro ,',e k2 Y , 2027- A plicant (if different from •ro.ert 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 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))art- /`` Property Address M3 1t rt—IS 6c. , 5P rn r,i6n Chty 61,6 1,26-1D9 Applicant Name / -ei1l�LLLr') • • i1. SeLL old L&,1 F�ZDOA/ 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, 1 i-% c4cc t Dr) I , -1D1-1-‘e. r- - -- -Eke + DI" B i tcck-(-k View oc 4 -he 'LS Dn elf-he►—�i . 2. Would the proposed variance substantially increase congestion on the public street? 1.1Firnpcc * en CoRg s- tbn Sipeet-. ? \ (cis c'e+l+on r Lr k i F -t, (NI\ c: lz 1)es CAc.:(\ck. e_ af\G-1, St0e-ei (n )11S1-1. GtriVe u c 3. Would the proposed variance increase the danger of fire or endanger the safety of the public? � i' C� G� 1f t` 17 Ind ^L�at C� `}';��• bCdv-x e. Cthe6 PCri L' i 2-a3e- Gk. a -f +y £D1eern, 4. Would the proposed variance be unduly injurious to the use and enjoyment of the adjacent property? --n_16 +c� kA --L1 h ice- -he. a I s e s� r�Js (\DI a- -t Snc, r u1 cry c:'4uiC 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? ND • -Nits clec i,-F r) ULlt Life ' e I-I,>✓propessy 11 .l de o-" hC$`€CZSQ., pniNe,4i e s, we NA.r c wean+ 4,coNe. ‘1/4:44-E, wtiw1 ti;t nc cca 5) Rodeos, pc: ele -+-ici4y tLeD I, afe.v' °Act fAcute 4'.56O.5bCS?> because f � rep kbcr-61164 `t� `te kr)Se h Ck }t, t;:,I-IrA- a Neu-) Locndo vs, atc Al J{�(uentilocnc :r1le f 1^1C. tipd.ei,ieS and SIC/L tJt)rw . 6. Would the proposed variance be in keeping with the general spirit and intent of the Zoning Code? 0 � Zc�iv 5 Glee \s pei k;eJ\4 .2j 4i -5 Cr erl&roac .c + 12 L4-9 —f! Propose ' C c f'c 01, IL rfst a,5 frrOrrt 4ze- CU-r6i le 3-3 Kitt" r t 5 S -1-s lack 1✓ -rt to r `-d w 1-Ft,e �erk1t5 on `Fhe S' arnc . tat (G S -ti eel. raSe ci?C '# 16�'LCetcu'`5ca 11�t r &t c�ctvy prof-Cesst; t.Q5, ottd Specific Findings: t dwIC'Sitbe accerta.b)f b.StcL Cn `4-ke c{ tsfallce. 6f- +lame ht("1Se 5e-{ .fi-csY.4NNre -0 L cznd Mthr,rt. , 1. Are there practical difficulties associated with the premises which under strict and literal prt erhe<_ adherence to the provisions of this chapter would cause an unnecessary hardship? %fits hCIT) e cc 1/Las pt. ien•V ase r tttc^1,n_rk G;.Lcz c -(c z✓rl ,� incur L Vel • Verinar, - ° IL (.° wtr.Lt- l b S icur- bo 4l S i�Ctib �{ne�e. lS5t,t'S c�.hc1. %��-,e% t,5t pct � Crt:� �e. �e�t Parcel data is fo r a ssessment pu rposes on ly. It is n ot a legal s urvey and d oes n ot purport to represent a property boundary surv ey of the parce ls shown. It sho uld not be used for conveyances or the establishment of properly boundaries. Do not use for navigation. City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 November 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, December 13, 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. B220012 — 623 Norris Drive, Front Setback Variance. Request filed by Kennan Russel and Lori Brown, property owners, for a 8 foot variance from the required 25 foot front setback for the RS -2 Single Family Residential zoning district to permit a 17 foot front setback to accommodate construction of a 24 foot by 19.5 foot garage. The property is located on the western side of Norris Drive 650 feet south of Boonville Road and is described as Edgewood Addition Lot 6 & Part of Lot 7 in Block 1, in the City of Jefferson, Cole County, Missouri. As a nearby 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@jeffersoncitymo.gov 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, December 12, 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.jeffersoncitymo.qov/government/planning/board of adiustment.php If you have any questions concerning this matter, please contact the Planning and Zoning Division by phone at 573-634-6410. Best 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. B22012 623 Norris Drive Front Setback Variance 2 Car Garage 185 ft. Notification Buffer 0 55 110 220 s 330 440 Feet Jefferson City Board of Adjustment Property Owner List Case B22012 AUGHTMAN, EMILY 619 NORRIS DR JEFFERSON CITY, MO 65109 619 NORRIS DR MO 65109 BOECKMANN, BRYAR 621 NORRIS DR JEFFERSON CITY, MO 65109 621 NORRIS DR MO 65109 BROWN, LORI L & RUSSEL, KENNAN W 623 NORRIS DR JEFFERSON CITY, MO 65109 623 NORRIS DR MO 65109 BURGESS, CAROL A 617 NORRIS DR JEFFERSON CITY, MO 65109 617 NORRIS DR MO 65109 CAYOU, DANIEL R & JESSICA 624 NORRIS DR JEFFERSON CITY, MO 65109 624 NORRIS DR MO 65109 ENGLEHART, DORIS L 2216 ANDERSON DR JEFFERSON CITY, MO 65109 2216 ANDERSON DR MO 65109 ERICKSON, STEVEN S & MARY S 2212 ANDERSON DR JEFFERSON CITY, MO 65109 2212 ANDERSON DR MO 65109 FRANK, RACHEL 620 NORRIS DR JEFFERSON CITY, MO 65109 620 NORRIS DR MO 65109 HAMPTON, VALERIE L 625 NORRIS DR JEFFERSON CITY, MO 65109 625 NORRIS DR MO 65109 IRVIN, VICTORTJR 2200 ANDERSON DR JEFFERSON CITY, MO 65109 2200 ANDERSON DR MO 65109 623 Norris Drive JUERGENSMEYER, ALI LAUREN 1716 SUNSET LAKE RD; #B JEFFERSON CITY, MO 65109 622 NORRIS DR MO 65109 LEECH, KRISTAN D 626 NORRIS DR JEFFERSON CITY, MO 65109 626 NORRIS DR MO 65109 LUEBBERT, BRENDA G 627 NORRIS DR JEFFERSON CITY, MO 65109 627 NORRIS DR MO 65109 MCHUGH, ROBYN 2204 ANDERSON DR JEFFERSON CITY, MO 65109 2204 ANDERSON DR MO 65109 PEEPER, JERRY J HUTINGER, CHRISTY A TRUSTEES 1274 SUMMIT CIR OSAGE BEACH, MO 0 717 BOONVILLE RD MO 65109 SCHREIBER, AMANDA K 629 NORRIS DR JEFFERSON CITY, MO 65109 629 NORRIS DR MO 65109 THOMAS, DONALD L & DORIS A 711 GLENDALE DR JEFFERSON CITY, MO 0 628 NORRIS DR MO 65109 WATERS, RYAN & CAITLIN A 2208 ANDERSON DR JEFFERSON CITY, MO 65109 2208 ANDERSON DR MO 65109 WILDING, TIMOTHY JOSEPH & MELISSA CAROLINE 618 NORRIS DR JEFFERSON CITY, MO 65109 618 NORRIS DR MO 65109 11/28/2022