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Home My Public Portal About2023-08-08 minutesMEETING MINUTES JEFFERSON CITY BOARD OF ADJUSTMENT August 8, 2023 BOARD MEMBERS PRESENT ATTENDANCE RECORD Andrew Hake, Chairman 4 of 4 Jim Crabtree, Vice Chairman 3 of 4 Jay Seaver 1 of 4 Roy Michael, Alternate 4 of 4 Michael Eichner, Alternate 4 of 4 BOARD MEMBERS ABSENT Katy Lacy 3 of 4 Brad Schaefer 2 of 4 Adam Cartwright, Alternate 2 of 4 COUNCIL LIAISON PRESENT Mike Lester, Alternate STAFF PRESENT Clint Smith, Director of Planning & Protective Services Eric Barron, Planning Manager Kortney Bliss, Planner Anne Stratman, Neighborhood Services Specialist Don Fontana, Floodplain Engineer Guests: Joshua Korte Kyle Pociask Lee Alford Darrel Bryan Stephi Smith, 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, Crabtree, Seaver, Michael, Eichner. 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. Crabtree moved and Mr. Michael seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Hake, Crabtree, Seaver, Michael, Eichner Nay: None Minutes/Jefferson City Board of Adjustment Page 2 August 8, 2023 4. Approval of Minutes from the Regular Meeting of the July 11, 2023 Meeting Mr. Crabtree moved and Mr. Seaver seconded to approve the minutes as printed. The motion passed 5-0 with the following votes: Aye: Hake, Crabtree, Seaver, Michael, Eichner Nay: None 5. Communications Received No correspondence was. 6. New Business – Public Hearings Case No. B23005 – 1129 Cedar City Drive, Floodplain Regulations Variance. Request filed by Josh Korte, Korte Sales LLC, property owner, for a variance from floodplain regulations. The purpose of the request is to permit wet floodproofing of one existing structure, two proposed future structures, and one proposed future mulch storage bin. The property is located 115 feet west of the intersection of Oilwell Road and Cedar City Drive and is described as Part of Section 9, Township 44 North, Range 11 West, in the City of Jefferson, County of Callaway, Missouri. Ms. Bliss described the location, zoning, and surrounding properties. The request is for a variance from floodplain regulations. The purpose of the request is to permit wet floodproofing of one existing structure, two proposed future structures, and one proposed future mulch storage bin. Mr. Fontana, Floodplain Engineer, Department of Public Works, presented the case. Mr. Fontana explained that earlier this spring the City noticed that a structure was built on this site without obtaining a floodplain development permit. If the property owner had applied for a floodplain development permit they would have been instructed to request a variance. The structure would have to come down if the property owner did not request a variance. The property owner is considering other structures in the future. Mr. Fontana suggested that the property owner include all existing and future structures on the variance request. This is an elevation variance in order to be incompliance with the flood code. The current proposal for a variance to floodplain regulations, which if approved, would permit wet floodproofing of an existing approximate 42’ X 56’ buttressed concrete bunker block walled building; construction of a proposed 60’ X 75’ steel building with metal siding held up six-feet from existing ground elevation; placement of a proposed 30’ X 72’ movable carport constructed on skids at existing grade; and construction of three proposed concrete bunker block walled mulch storage bins. Mr. Fontana read the considerations required outlined in the staff report. He explained that Mr. Korte developed a flood evacuation plan after he was granted a floodplain variance in 2018. During the 2019 flood Mr. Korte followed that plan as proposed. If this variance is granted, Mr. Korte will be required to update the flood evacuation plan. He will also be required to update the plan when proposed structures are built. Mr. Josh Korte, 1129 Cedar City Drive, Jefferson City, explained that he had permission to build the structures, but did not have permission to build a structure in the floodplain without requesting a variance. Mr. Kyle Pociask, Four Points Land Surveying & Engineering, Inc., 1719 Northport Plaza, Hannibal, MO, spoke regarding this request. Mr. Pociask explained that they did a topographic survey of the site as it currently exists and added the proposed structures. Given the type of business this is, it is well suited in a floodplain and is a good use of this property. Because of the type of flooding that occurs here, there is usually no strong currents. It is usually a pooling type of situation, so there is no concern of the structure collapsing during a flood event. The following individuals spoke in opposition to this request: Darrell Bryan, 1602 Katherine Street, Jefferson City, MO voiced concerns regarding Mr. Korte putting the yard waste facility at this location if he is awarded the contract. He is concerned that if the yard waste is not removed in a flood event the taxpayers will have to pay for cleanup. He would rather see that the site remains as is. Lee Alford, 3345 Frog Hollow Road, Jefferson City, MO voiced concerns that if a compost site exceeds ¾ of an acre, it is required to have a containment pond for soil runoff. Minutes/Jefferson City Board of Adjustment Page 3 August 8, 2023 Mr. Barron explained that what is before the Board of Adjustment is a floodplain variance. If there is some sort of site feature required, that would be looked at during the site plan review. A containment pond is not under the purview of the Board since it is not associated with the floodplain variance. Mr. Fontana clarified that the floodplain variance is associated with the structures only. No one else spoke regarding the request; the Chair closed the public hearing. Ms. Bliss referred the Board to the form of motion. Mr. Bryan was allowed additional comment and emphasized that Mr. Korte will be putting mulch at this location. Mr. Eichner reiterated that the Board does have not purview over what Mr. Korte does with his business. Mr. Crabtree moved and Mr. Seaver seconded to approve the requested Variance from Floodplain Regulations, with the following condition: Submittal and approval of a sealed No-Rise Certificate for any structure associated with this variance within the Regulatory Floodway, and submittal of a revised Flood Evacuation Plan. The motion passed 5-0 with the following votes: Aye: Hake, Crabtree, Seaver, Michael, Eichner Nay: None 7. Miscellaneous Reports None. 8. Other Business None. 9. Adjournment The meeting was adjourned at 8:25 a.m. Respectfully submitted, Anne Stratman, Neighborhood Services Specialist