HomeMy Public PortalAboutORD13973 • BILL NO. 2005-104
SPONSORED BY COUNCILMAN BROWN
ORDINANCE NO. -6q 7
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING
THE FINAL PLAT OF KLEINDIENST SUBDIVISION, A SUBDIVISION OF THE CITY OF
JEFFERSON, MISSOURI.
WHEREAS, Jim and Angela Kleindienst, owners of the real estate hereinafter described,
having submitted to the City Council a plat of said real estate, being located in Jefferson City, Cole
County, Missouri, and more particularly described as follows:
All of vacated WATER STREET right-of-way which lies west of GRANT
STREET, between Blocks 22 and 23 of RENN'S ADDITION to the City of
Jefferson, Missouri, per plat of record in Plat Book 2, Page 5, Cole County
Recorder's Office, as vacated by the City of Jefferson, Missouri, by Ordinance
Numbers 10462 and 13810 and as recorded in Book 287, page 711 and in Book
518, page 371, Cole County Recorder's Office, the boundary of which is more
particularly described as follows;
BEGINNING at the northeasterly corner of LOT 1, BLOCK 23, of said RENNS
ADDITION;also being the southeasterly corner of the aforesaid vacated WATER
STREET right-of-way; thence along the boundary of said vacated WATER
STREET right-of-way the following courses: N55'54'27"W, along the northerly
• line of said Lot 1, 145.00 feet; thence N49'11'34"E, 51.79 feet to the
southwesterly corner of the property described in Book 467, page 90, Cole
County Recorder's Office; thence S55054'27"E, along the southerly line of said
property described in Book 467,page 90, 132.00 feel to the westerly right-of-way
line of GRANT STREET; thence S34'39'17"W, along the westerly right-of-way
line of GRANT STREET, 50.00 feet to the point of beginning. Containing 6924.1
Sq. Ft or 0.16 acres.
WHEREAS, it appearing that said plat has been fully and properly signed and accepted by
the owner of said subdivision, known and referred to as the Plat of Kleindienst Subdivision,that all
taxes have been paid, and that in all respects the requirements of Chapter 445, RSMo, entitled
"Plats"have been fully complied with by the owner of said subdivision, and that in all respects the
requirements of the Planning and Zoning Commission of the City of Jefferson, Missouri, relating
to plats and subdivisions have been complied with.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
SECTION 1. That the plat of Kleindlenst Subdivision, lying, being and situated within the
corporate limits of the City of Jefferson, Missouri, as shown by the said plat attached hereto and
made a part of this ordinance, Is hereby approved and accepted by the City Council of the City of
Jefferson, Missouri.
SECTION 2. The Mayor and City Clerk are hereby authorized and directed to endorse
acceptance of said plat hereon and to certify the approval of said plat under the seal of the City of
Jefferson.
• 1
SECTION 3. This ordinance shall be In full force and effect from and after the date of its
• passage and approval.
Passed:. �'^ ���OV/� Approved:
Prey iq Officer Mayor
ATTEST: AP VEDA O FORM:
A d k City Counselor
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City of Jefferson 98 Grant Street
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• Final Subdivision Plat
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VICINITY
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320 East McCarty Street Feet W 154LE
Jefferson City, Missouri 65101 V
Phone(573) 634-6475 0 150 300 450
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City of Jefferson 4r: r 't a John Landwehr
- Mayor
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Notice of Mecting
Jefferson City Board of Adjustment
Tuesday,October 11, 2005 7:30 a.m.
John G. Christy Municipal Building,320 (last McCarty Street
Council Chambers
All interested parties will be given it chance to be heard.
TENTATIVE AGENDA
1. Call to Order and Introduction of Members, fix-officio Members and Staff
2. Procedural Matters and Procedures Explained
3. Adoption of Agenda(as printed or reordered)
4. Approval of Minutes for the Regular Meeting of Scplenilicr 13,2005
5. Communications Received
• 6. Old Business— Public Hearings(Continued Applications)
Case No. 1105014 — 2320 East McCarty Street; Conditional Use Permit and Variance.
Applications filed by Jeff Ada is and Todd Balkenbush, property owners, on behalf of Don
Renkemeyer, contract purchaser, for a Conditional Use Pencil to allow construction of mini-
warehouses/self-storage units and for three variances: a) that a 'type B Bufferyard not be
required to be provided along each side lot line; b) that driving and parking Imes be allowed
to be at least 25 feet wide instead of at least 30 feet wide; and c) that a fence or wail not be
required to be installed fn the front yard of the development. The 1.8 acres of property is
zoned C-2 General Commcreial and RS-2 Single-I'amily Residential and consists of part of
U.S. Private Suncy No. 2701, Township 44N, Range I IW, Jefferson City, Cole County,
Missouri. (Continued from September 13,2005)
7. New Business— Public Hearings
Case No. 1195015 — 98 Grant Street; Variance. Application filed by Jim Kleindienst,
property owner, for a 10 foot variance to the requirement that it lot in at RS-4 Low Density
Residential zoning district have a minimum lot width of 60 feet so that it proposed lot may be
50 feet wide. The property is located on the west side or Grant Street approximately 500 feel
south of Hough Street and consists of all of vacated Water Street right-or--way lying between
Blocks 22 and 23, Reins Addilfon,Jefferson City, Missouri.
•
Agendn/Jefferson City Board of Adjustment + Page 2
• October 11, 2005
Case No. 1105016 — 1224 Nest Iligh Street; Variance. Application filed by Fred and
Charlotte Dudenhoeffer, properly owners, for a 10 foot variance to the requirement that a
detached garage with an alley entrance be located at least 10 feet from the alley line and a 9
foot variance to the requirement that a detached garage be located 10 foot from a side
property line. The properly is zoned RA-2 Residential, is located approximately 40 feet cast
of Hart Street, and consists of the cast 10 feet of Lot 9 and the west 30 feet of Lot 10, Lower
Jefferson also known as Crandalis Addition,Jefferson City, Missouri.
Case No. 1105017 — 414 Mesa Avenue; Appeal. Application filed by Iladley Stonner,
property owner, appealing a decision of the 'Zoning Administrator revoking a Home
Occupation Permit for failure to abide with performance standards and operating a prohibited
home occupation. The property is zoned RS-2 Residential, is located of the southwest comer
of Mesa Avenue and Holiday Drive, and consists of Lots 40 and 41, Holiday Ilills listates
Section I,Jefferson City, Missouri.
8. Miscellaneous Reports
9. Other Business
A. Discussion of Rehearing Case No. 1105011, 136 E.Circle Drive, Variance
B. Election of Officers
C. Adoption of 2006 !Meeting Schedule
• 10. Adjourn
•
EXCERPT OF UNAPPROVED MINUTES
JEFFERSON CITY BOARD OF ADJUSTMENT
• October 11, 2005
7:30 a.m,
BOARD MEMBERS ATTENDANCE
PRESENT RECORD
Robert Dallmeyer, Jr. 8 of 9
Bruce James 8 of 9
Kevin Meinhardt, Chairman 9 of 9
Wilma Parise 3 of 9
Rick Prather 7 of 9
Richard Rolsing, Alternate 4 of 6
BOARD MEMBERS
BSENT
Dan Klindt, Alternate 3 of 6
Chuck McPheeters, Alternate 5 of 9
EX-OFFICIO MEMBER
Kevin Brown, Council Liaison 5 of 9
Dean Martin, Alternate Council Liaison 8 of 9
STAFF PRESENT
Charles Lansford,Assistant to the Director of Community Development
Janice McMillan, Director of Planning and Transportation Services
Roy Dudark, Senior Planner
Michelle Coleman,Associate City Counselor
Steve Maclntyre, Planner I
Anne Stratman, Administrative Assistant
New Business —Public Hearings
Case No. B06016—98 Grant Street; Variance. Application filed by Jim Kleindiensl,
property owner, for a 10 foot variance to the requirement that a lot in an RS4 Low
Density Residential zoning district have a minimum lot width of 60 feet so that a
proposed lot may be 50 feet wide, The property is located on the west side of Grant
Street approximately 500 feet south of Hough Street and consists of all of vacated
Water Street right-of-way lying between Blocks 22 and 23, Renns Addition, Jefferson
City, Missouri.
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street,
spoke regarding this request. Mr. Bates staled that the applicant proposes to construct a
single family home on the proposed lot, but requires a 10 foot variance to do so. He stated
that the applicant has no plans to utilize the former Water Street right-of-way, which was
vacated by City ordinance In the 1980's. Mr. Bates stated that the lots are consistent
throughout the neighborhood.
Mr. Bales provided a visual showing the vacated former Water Street right-of-way.
Mr. Jim Kleindlenst, 4201 Catalina Drive, spoke regarding this request. Mr.
Klelndiensl explained that Mr. Schmitz owns the property to the north of the subject site. He
staled that the original Renns Addition Subdivision dates back to the 1930's or 1940's and
• that the lots are 50 foot lots.
Jefferson City Board of Adjustment Page 2
Excerpt of Unapproved Minutes
October 11, 2005
• Mr. Dan Schmitz, 1809 Sarah Lane, spoke regarding this request. Mr. Schmitz
stated that the former Water Street right-of-way was a 100 foot lot. He explained that the
City deeded the lot to Mr. Kleindienst and himself and in turn deeded his 50 foot lot to Mr.
Klelndlenst. Mr. Schmitz stated that he supports the proposed development.
No one spoke in opposition to this request and no correspondence was received.
Mr. Dudark gave the Planning Division staff report and stated that the proposed
development is compatible with the surrounding neighborhood and that staff recommends
approval.
Ms. Partee moved and Mr. Prather seconded to approve a variance of 10 feet to
allow a width of 50 feet Instead of the required 60 feet for the construction of a single-family
residence.
The Board discussed the findings and felt they have been met.
The motion passed 5-0 with the following votes: .
Aye: Dallmeyer, James, Meinhardt, Partee, Prather
I
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STAFF REPORT
BOARD OF ADJUSTMENT—CI'T'Y OF,IEFFERSON, MISSOURI
. OCTOBER 11, 2005
CAST: NO. 1305015—98 Grant Street; Variance. Jim Kleindienst requests a variance of 10 feel
to allow a lot width of 50 feel instead of the required 60 feet for ilia construction of a single-
family residence in an RS-4 zoning district.
PUBLIC NOTICE
Publication Datc: September 23, 2005
Nearby Properly Owners: By letter,to adjacent and affected properly owners within 185 feet.
Area Residents: Properly Sign Posting.
CORRESPONDENCE RECEIVED
None as of October 3, 2005.
RF.OUEST
This properly consists of the former right of way of Water Street which was never opened and has
been vacated by city ordinance. Ownership of ilia south half accrued to the applicant due to his
ownership of the abutting property to ilia south. flaving purchased the north half front the
property owner to the norlb, the applicant now owns the entire property and desires to plat it into
one lot and construct a new single-family detached home on the site.
The site is zoned RS-4 Single-family Residential which requires a minimum lot width of 60 feel.
• In this case, lot width regulations cannot be met due to the unavailability of adjacent land.
Therefore, a 10 foot variance is necessary to build on the properly. 'file site is 132 feel deep
resulting in 6,924 sq. f>. of land area so the sirs of the lot exceeds the 6,000 sq. fl. minimum.
NEARBY CONDITIONS
'file block on which the subject site is located contains modest single-family homes oil small lots.
The area across the street is developed with a chureb but a considerable amount of undisturbed
wooded area exists around all three sides. A drainage way is located in back of ilia subject site.
STAFF ANALYSIS
A 50 foot wide lot would be the same width as many existing nearby home sites. Renns Addition
was originally platted will) 50 fool wide lots and ilia applicant bas built two new homes on 50
fool wide lots immediately to the south. Of the 10 nearby single family homes located on this side
of Grant Street, 7 are built on lots 50 feel wide, I is on a lot 55 feel wide, and 2 are on lots 95 and
150 feet wide. In regards to the last two lots, the 95 foot lot is very shallow and the extra width
was needed to achieve a suitable building site. 'file 150 foot wide lot consists of three original 50
fool lots but homes o)) boll) Sides have since been removed. As such, construction of n new home
on a 50 fool wide lot would not vary from the pattern commonly found on nearby properties or be
out of character with ilia surrounding neighborhood.
FINDINGS REQUIRED
Please refer to ilia Variance Yard, Lot Widib or Lot Area handout provided.
STAFF RECONI DI ENDATION
• In the opinion of staff,ilia variance meets ilia required findings. Stuff recommends approval.
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
OCTOBER 13,2005
• Case No. P05051 - Proposed Final Pint for Kleindlenst Subdivision.The property is located ott the west
side oi'Grant Street south of I lough Street between Blocks 22 and 23 of Rcnns Addition, City of Jefferson,
Cole County, Missouri. Application filed by Jim Kieindienst.
Background
This properly consists of ilia former right of way for Water Street which has been vacated by City
ordinance. Otvnersial)of the south half of the,vacated right of way accrued to the applicant due to his
ownership of the abutting properly to the south. The applicant has also purchased the north halfofthe
vacated right of way front the abutting property owner to lire north.The applicant now desires to plat ilia
property into one lot. The area is zoned RS-4 Singlc-fnnily Residential.
Description of Proposal
• Lot Size: The proposed lot contains 6,924 sq. 0, of land area and (lie RS-4 zoning district requires
6,000 sq. 0, so the proposed lot exceeds the minimum area requirements.
• Lot Width: The proposed lot is 50 feel wide and RS-4 requires a lot width of 60 feet, Therefore, a
10 foot variance is needed from the Board of Adjustment before the plat can be approved. This
will be considered by the Board on October ) 1,2005.
• Sheets: The lot fronts on Grant Street,which bas an existing right-of way of 50 feet with concrete
curb and gutter and asphalt pavement. No new sheets are proposed.
• • Sidewalks: A 4' sidewalk is proposed in ilia street right of way across the front of the proposed lot.
However, there are no existing sidewalks on either side ofGrant Street in this area.
• Drainage. Lot and street drainage is provided by curb and gutter. However, no street inlets or
underground stamt sewers exist along this portion of Grant Street.
• Utilities: An existing S"public sewer line located towards the rear of ilia lot would serve Ilia new
dwelling. The applicant intends to grant a 15' public sanitary sewer casement for this line across
the proposed lot as Well as across two other adjacent lots owned by Ilia applicant. Mater and gas
service lines will be extended to the dwelling from existing lines located in Grant Street. Electric
and telephone lines will be extended from existing overhead lines located in Grant Street.
• Othcr: A fire hydrant is located 50 feet north of the lot.
Staff Recmnmendntloll
Approve Ilia plat, subject to ilia following conditions:
1. Approval of ilia lot width variance by Ilse Board of Adjustment.
2. Compliance With any reconnnendations and technical corrections of ilia Engineering Division,
•
Jefferson City
Planning & Zoning Commission Meeting
• Engineering Division Staff Report
Thursday, October 13, 2005, 5:15pm
Item 7. - Other New Business - Subdivisions Not Requiring Zoning Changes
Case No. P05051 - Final Plat of Kleindienst Subdivision, 98 Grant Street(RS-3)
COMM FNTS:
The Engineering Division has done a technical review of the latest submittal of the final plat as
submitted by Central Missouri Professional Services, Inc. Items concerning Engineering
Division review in Section 33-8. of the Subdivision Code pertaining to final plat contents have
been addressed on the latest copy of the final plat. The following comments are regarding this
review;
Regarding infrastructure;
Infrastructure is existing in the vicinity to serve the subdivision. New infrastructure
proposed includes sidewalk across the frontage of the new proposed lot.
• Regarding traffic impact;
The proposed one(1) lot subdivision is an in-fill development within an existing
residential area, impact upon traffic will be minimal.
FNGINFFRING STAFF POSITION:
Support.