Board of Adjustment

APPROVED City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, July 9, 2014 A meeting of the Board of Adjustment of the City of Blue Springs was held in the Municipal Annex located at 1304 W. Main Street on Wednesday, July 9, 2014 with the following members and guests in attendance. MEMBERS PRESENT Laurie Hatfield Brian Ross DeWayne Duhon, Chairman John Dunn STAFF / OTHERS Scott Allen, Community Development Director Michael Peterman, Principal Planner Ben McCabe, Engineer Bob McDonald, City Attorney Karen Findora, Recording Secretary Donna Lien, Public Stenographer ABSENT Board Member Kelvin Brooks (Arrived 6:48 p.m.) CALL TO ORDER DeWayne Duhon, Chairman, called the meeting to order at 6:36 p.m. with a Approval of Minutes request that everyone stand for the Pledge of Allegiance. With a motion by John Dunn, a second from Laurie Hatfield, and a unanimous vote, the Minutes of Wednesday, February 12, 2014 were approved. Chairman Duhon advised the audience of the manner in which the Public Hearing would be conducted, and noted that as the Board consists of five (5) voting members; a concurring vote of four (4) would be required to pass any motion. 07.09.2014 Page 1 of 3 kf APPROVED PUBLIC HEARING Chairman Duhon, opened the public hearing at 6:39 p.m. with a request for AGENDA ITEM 2 exhibits from the City Attorney. Mr. McDonald entered Exhibits 1 thru 7 into VARIANCE / VAR-05-14- the public record on behalf of the applicant. 4397 / “Toyo Motors” / 1708 SW Eastbound US 40 Hwy 1) Staff Report with attachments 2) Affidavit of Publication in B.S. Examiner, June 21, 2014 3) Application with attachments 4) 185 Ft. Notification Map 5) Names/addresses of property owners w/n 185 ft. of site 6) Copy of letter sent to said property owners 7) UDC (By Reference) STAFF COMMENTS Michael Peterman, Principal Planner, stated that the applicant is requesting a Variance from Section 404.145.C.1 of the UDC, lot size requirements in the “RC” (Regional Commercial) zoning district. The property is located on the south side of 40 Hwy., between 15th and 19th Streets with an address of 1708 SW Eastbound US 40 Highway. The property is currently zoning “GB” (General Business). The applicant is proposing a “Vehicle Sales” use. The previous use was a Sonic Drive In restaurant. The applicant intends to Rezone the property and obtain a Conditional Use Permit to allow the use of “Vehicle Sales.” APPLICANT Greg Grounds, Attorney 1401 NW Wildwood Drive Blue Springs, MO Mr. Grounds stated many years ago there was General Business zoning everywhere and some of the smaller lots along Highway 40 ended up zoned General Business. The Sonic has been vacated for several years. There are several used car lots near this area. The City decided to require all used car lots to obtain a Conditional Use Permit and used car lots could only exist in Regional Commercial or Light Industrial zoning. If this lot would remain a Sonic or a similar business open from 6:00 am until 11:00 pm the use of that business would be more intense. It would be more intrusive for abutting land owners. If a car lot was to locate there the hours of operation would be 8:00 am until 6:00 pm and less intrusive to abutting property owners. QUESTIONS Board Member Laurie Hatfield asked if the applicant would be using the current building located on the site. Mr. Grounds stated that they intend to use the existing building and dress/clean it up a bit. Mr. Grounds stated that there would be no car repairs done on site. WITNESSES IN FAVOR None. 07.09.2014 Page 2 of 3 kf APPROVED WITNESSES OPPOSED None. HEARING CLOSED With no further testimony to be taken, Chairman Duhon, closed the public hearing at 6:51 p.m. with a request for action on the petition. MOTION Board Member John Dunn made a motion to approve Variance / VAR- PUBLIC HEARING 05-14-4397 / “Toyto Motors” / 1708 SW Eastbound US 40 Highway. AGENDA ITEM 2 VARIANCE / VAR-05-14- 4397 / “Toyo Motors” / 1708 SW Eastbound US 40 Hwy. SECOND Board Member Laurie Hatfield. VOTE Kelvin Brooks – Absent Laurie Hatfield - Aye Brian Ross – Aye John Dunn - Aye DeWayne Duhon, Chairman – Aye (APPROVED 4-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, August 13, 2014. MEETING With no further items to come before the Board, a motion was made by ADEJOURNED Board Member Laurie Hatfield, and seconded by John Dunn, to adjourn at 7:00 p.m. Motion carried Unanimously. ________________________________________________ Karen Findora, Recording Secretary _________________________ ______________________ DeWayne Duhon, Chairman Date 07.09.2014 Page 3 of 3 kf