Board of Adjustment

Board of Adjustment Agenda Wednesday September 10, 2014 6:30 p.m. MUNICIPAL ANNEX 1304 W Main Street City of Blue Springs, Missouri  BOARD OF ADJUSTMENT MEMBERS Term of Office is 5 years The Board of Adjustment consists of 4 citizens plus 1 member representative from the Planning Commission, and 3 alternate members. Regular Members Are: 1. DeWayne Duhon, Chairman 2. John Dunn, Vice Chairman 3. Laurie Hatfield 4. Kelvin Brooks 5. Brian Ross Alternate Members Are:  Ron Amos  Planning Commission Representative – Ginger Duhon  Alternate P.C. Representative – Travis Graham GENERAL PROCEDURE FOR PUBLIC HEARING TESTIMONY  The Chairman will open the public hearing, and call for exhibits from the City Attorney.  Staff Comments will be given.  The applicant or his representative will give testimony.  Witnesses in favor of the petition will be called to speak.  Witnesses opposed to the petition will be called to speak. If you wish to testify, please raise your hand to be recognized. When you are called upon by the Chairman, please come forward to the microphone at the podium to be sworn in by the Court Reporter. State your name and address, then make your comments to the Board. Please refrain from repeating points made by others.  General Discussion - Questions  After all testimony has been made, the hearing will be closed.  The Board will consider the facts and either approve or deny the request.  A concurring vote of 4 members is required for approval.  The decision of the Board is the final determination. Appeals may be made only to the Circuit Court. # # #  BOARD OF ADJUSTMENT Municipal Annex 1304 W Main Street Blue Springs, Missouri 64015 Wednesday, September 10, 2014 6:30 p.m. AGENDA Board Members: To ensure a quorum, please call Karen Findora at 228-0207 to advise of attendance. 1. CALL TO ORDER/MINUTE APPROVAL  Minutes of the last meeting, July 9, 2014 2. PUBLIC HEARING – VARIANCE – VAR-8-14-4541 – “Molle Chevrolet Pre-Owned Cars” / 505 NW Mock Avenue Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in B.S. Examiner, August 23, 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) 3. OTHER BUSINESS – The next scheduled meeting is Wednesday, October 8, 2014. 4. ADJOURN If special accommodations are required for citizen participation Please call 228-0207 (voice) or 228-0250 (TDD) BA –9.10.2014 Page 1 of 1 kf NOT 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 NOT 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 NOT 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-05-14- PUBLIC HEARING 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  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: September 10, 2014 Agenda Item: 2 Case File Number: VAR-8-14-4541 Project Name: 505 NW Mock Ave – Molle Chevrolet Type of Application: Non-Use Variance Request: The applicant is requesting a variance from Sections 405.020.Y.1, Paving Area Setback and 407.010.G.3 Location of Off-street Parking Spaces of the UDC. Applicant: Molle Chevrolet Property Owner: Frank Molle Location (Address): 505 NW Mock Ave, East of 7 Highway, north of Mock Ave. Area: 3.28 acres +/- Lots: 2 Existing Zoning: “GB” – General Business Existing Land Use: Parking for Vehicle Sales Comprehensive Plan Regional Commercial Designation: Attachments:  Site location/zoning map  Site Plan  Variance Application  Public Notice documents Meeting Date: September 10, 2014 Planner: Michael Peterman, Principal Planner Reviewed By: Scott Allen, Community Development Director Page 1 of 4  Project: 505 NW Mock Ave.-Molle Chevrolet Plan Case Number: VAR-8-14-4541 Figure 1. Vicinity Map / General Location Map Figure 2. Project Site (Aerial Photo) Page 2 of 4  Project: 505 NW Mock Ave.-Molle Chevrolet Plan Case Number: VAR-8-14-4541 BACKGROUND INFORMATION/SUMMARY: The applicant is proposing to relocate their Pre-Owned Cars sales center from a parking area in the northwestern portion of their site—close to I-70—to an area located in the rear of the site along Mock Avenue. There is an existing parking area the applicant wishes to expand to accommodate this use. The existing parking area is setback 5 feet from the Mock Avenue right-of-way. The applicant wishes to expand that current lot with the same setback. The Unified Development Code (UDC) Section 405.020.Y.1 requires that parking area for Vehicle Sales be setback from the street right-of-way 25 feet and Section 407.010.G.3 requires that no parking area in Non-Residential Districts shall be within 15 feet of the right-of-way. The applicant is requesting a variance from both sections of the UDC in an effort to match the existing paved parking area. RECOMMENDATION: Staff recommends the approval of this request. ANALYSIS A request for a non-use variance may be granted upon a finding of the Board that the following conditions are present: 1. The variance requested arises from such condition which is unique to the subject property, that are not ordinarily found in the same zoning district and that are not the result of the owner’s intentional actions. Staff Response: The applicant intends to match the existing parking area with this expansion. The layout of the existing lot presents a unique situation to overcome if the UDC setbacks are strictly enforced. 2. The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents. Staff Response: Granting this variance will not likely adversely affect adjacent properties. The applicant is the owner of the surrounding properties. The proposed design of the parking area will conform to the adjacent existing parking area. 3. The strict application of the provisions of the zoning regulations of which the variance is requested will constitute practical difficulty because the property cannot be used for an otherwise permitted use without coming into conflict with the applicable site development standards. Staff Response: Allowing this variance will provide a consistent design across the applicant’s properties that are affected. 4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. Staff response: The public health, safety, morals, order, convenience, prosperity, or general welfare will be not be adversely affected if this variance is granted. The proposed Page 3 of 4  Project: 505 NW Mock Ave.-Molle Chevrolet Plan Case Number: VAR-8-14-4541 parking area will match the existing parking area, not affecting the general welfare of the area. 5. The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations. Staff response: The Proposed parking area will be designed to match what is already existing. SUMMARY: The Board of Zoning Adjustment must determine if strict application of the provisions of the Unified Development Code, of which the variance is requested, will constitute a practical difficulty upon the property owner represented in the application. The Board must also find the spirit and intent of the regulations are maintained by determining that the variance will not result in adversely affecting the rights of adjoining property owners, or be detrimental to the character and quality of the surrounding properties. Page 4 of 4  Dr NW Bur c le C ir SF-7 SF-7 NW NW North Ridge Dr NW Club Dr NW North Ridge Ct ¬ « 7 GB/ MF-14 NW Port e Ci r r R-O NW y Tam m NW Cir Fa NW 6th St irw GB ay NW 6th Ter Dr NW St NW 5th Street Ter Porter TF 3r d NW North Ridge Dr Ct NW NW Fairway Cir r pD NW Shaw Pkwy lt o H il GB NE efferso n St NW Locust Dr NE Locust Dr Outer Rd § ¨ ¦ 70 GB NW Highland Ln MF-14 N 1st St NE 1st TF t NE 2nd NW Jeff e rson St Street Ter S NE Ce da GB MF-14 SITE GB SF-7 NW NW Mock Ave K ab e SO lS t NW Maynard St NW 6th Street Ter NW 6th St SF-7 ¬ « 7 NE Hearnes A NW Hearnes Ave SF-7 SO SF-7 NW Range GB NW 10th St GB TF St NW St Mary's Dr h 5t NW SO MF-14 NW RD Mize Rd MF-14 TF SF-7 NE RD Mize Rd NW 10th St SO SO NW Va GB lle Brook D y NW Durango r Ct NW 3rd St NW B St NW Durango St NE 2nd St GB NW NE B St NW 5th St Wimbleton NW NW Vesper Dr MF-14 Ct Vail NW Zaun Ave SF-7 NE 1st St NW Ct NW VAR-8-14-4541 Augusta Ct NW Vesper Za A un MOLLE CHEVROLET Ct ve PRE-OWNED CARS 505 NW MOCK AVE 0 300 ± 600 1,200 Feet SITE LOCATION MAP  PUBLIC NOTICE Variance VAR-8-14-4541 “Molle Chevrolet” 505 NW Mock Ave. Notice is hereby given that a public hearing will be held by the Board of Adjustment of the City of Blue Springs on Wednesday, September 10, 2014 at 6:30 p.m. in the Municipal Annex located at 1304 W Main Street for the purpose of hearing parties in interest and citizens on a request by Frank Molle, Owner of Molle Chevrolet Pre-Owned Cars. The variance request references Section 407.010.G.3 (Location of Off-Street Parking Spaces) and 405.020.Y.1 (Paving area setback), in that the applicant is requesting a variance from the setback regulations to allow a parking lot expansion for vehicle sales. Details of the Variance request can be viewed by interested parties in the Community Development Department located at 903 W. Main Street, Blue Springs, MO. The site is legally described as follows: 36-430-03-20-00-0-00-000 SECTION 30 TOWNSHIP 49 RANG E 30 PT OF NE 1/4 DAF: BEG 159 FT N OF S LI OF NE 1/4 SW 1/4 & E ROW HIGHWAY 7, TH E 500' ALG N ROW MOCK AVE; TH N 1' TH E 200. 1' TO TRUE POB, TH E ALG SD ROW 200', RH N 350' TH W 200', THS 350', TO TRUE POB 36-430-03-21-00-0-00-000 SECTION 30 TOWNSHIP 49 RANG E 30 PT OF NE 1/4 SW DAF: B EG 1170' M/L S OF & 173' W OF NE COR SW 1/4 TO TRUE POB, TH N 350', TH W 208.46', THS 350', TH E 208.46' TO TRUE POB. CITY OF BLUE SPRINGS Board of Adjustment By: Karen Findora, Recording Secretary PUBLISH: Saturday, August 23, 2014 E-MAIL TO THE EXAMINER: Attn. Kathy Jones, kathy.jones@examiner.net 08/21/2014 Page 1 of 1  Dr NW Bur c le C ir SF-7 SF-7 NW NW North Ridge Dr NW Club Dr NW North Ridge Ct ¬ « 7 GB/ MF-14 NW Port e Ci r r R-O NW y Tam m NW Cir Fa NW 6th St irw GB ay NW 6th Ter Dr NW St NW 5th Street Ter Porter TF 3r d NW North Ridge Dr Ct NW NW Fairway Cir r pD NW Shaw Pkwy lt o H il GB NE efferso n St NW Locust Dr NE Locust Dr Outer Rd § ¨ ¦ 70 GB NW Highland Ln MF-14 N 1st St NE 1st TF t NE 2nd NW Jeff e rson St Street Ter S NE Ce da GB MF-14 SITE GB SF-7 NW NW Mock Ave K ab e SO lS t NW Maynard St NW 6th Street Ter NW 6th St SF-7 ¬ « 7 NE Hearnes A NW Hearnes Ave SF-7 SO SF-7 NW Range GB NW 10th St GB TF St NW St Mary's Dr h 5t NW SO MF-14 NW RD Mize Rd MF-14 TF SF-7 NE RD Mize Rd NW 10th St SO SO NW Va GB lle Brook D y NW Durango r Ct NW 3rd St NW B St NW Durango St NE 2nd St GB NW NE B St NW 5th St Wimbleton NW NW Vesper Dr MF-14 Ct Vail NW Zaun Ave SF-7 NE 1st St NW Ct NW VAR-8-14-4541 Augusta Ct NW Vesper Za A un MOLLE CHEVROLET Ct ve PRE-OWNED CARS 505 NW MOCK AVE 0 300 ± 600 1,200 Feet SITE LOCATION MAP  August 25, 2014 Ref: Public Hearing: “Molle Chevrolet” 505 NW Mock Ave. Variance / VAR-8-14-4541 Dear Property Owner: You are hereby invited to participate in a public hearing to be held by the Board of Adjustment of the City of Blue Springs on a request to consider an application by Frank Molle, Owner of Molle Chevrolet Pre-Owned Cars. The variance request references Section 407.010.G.3 (Location of Off-Street Parking Spaces) and 405.020.Y.1 (Paving area setback), in that the applicant is requesting a variance from the setback regulations to allow a parking lot expansion for vehicle sales. The project site is located at 505 NW Mock Ave. Interested parties may view the development plans and a complete project description on file at the Community Development Department located at 903 W. Main Street, Blue Springs, MO. A general site location map is enclosed for your information. You are receiving this notice because County records indicate you own property within 185 feet of the boundary of the site in question. The hearing will be held in the Municipal Annex located at 1304 W Main Street commencing at 6:30 p.m. on Wednesday, September 10, 2014. Your attendance and comments are welcome at these meetings. Questions concerning this matter may be directed to the Community Development Department at 228-0207. Very truly yours, CITY OF BLUE SPRINGS COMMUNITY DEVELOPMENT Karen M. Findora Administrative Assistant