Board of Adjustment

Board of Adjustment Agenda Wednesday June 10, 2015 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. Vacant 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, June 10, 2015 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, May 13, 2015 2. PUBLIC HEARING – VARIANCE – VAR-04-15-4821 – “Mr. C’s Restaurant” / 1331 SW Westbound US 40 Highway Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in B.S. Examiner, May 23, 2015 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. ELECTION OF OFFICERS – CHAIRMAN, VICE-CHAIRMAN 4. OTHER BUSINESS – The next scheduled meeting is Wednesday, July 8, 2015. 5. ADJOURN If special accommodations are required for citizen participation Please call 228-0207 (voice) or 228-0250 (TDD) BA – 6.10.2015 kf  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, May 13, 2015 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, May 13, 2015 with the following members and guests in attendance. MEMBERS PRESENT Laurie Hatfield Brian Ross Frederick Manning John Dunn DeWayne Duhon, Chairman STAFF / OTHERS Scott Allen, Community Development Director Jim Holley, Community Development Assistant Director Jeff Sell, Assistant Director Public Works Nancy Yendes, City Attorney Karen Findora, Recording Secretary Jim Leacock, Public Stenographer ABSENT None. CALL TO ORDER DeWayne Duhon, Chairman, called the meeting to order at 6:30 p.m. with a APPROVAL OF request that everyone stand for the Pledge of Allegiance. With a motion by Board MINUTES Member John Dunn, a second from Laurie Hatfield, and a unanimous vote, the Minutes of Wednesday, January 14, 2015, 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. 05.13.2015 Page 1 of 4 kf PUBLIC HEARING Chairman Duhon, opened the public hearing at 6:35 p.m. with a request for AGENDA ITEM 2 exhibits from the City Attorney. Ms. Yendes entered Exhibits 1 thru 7 into the VARIANCE / VAR-04- public record on behalf of the applicant. 15-4812 / “TOYO Motors” / 1708 SW Eastbound US 1) Staff Report with attachments 40 Hwy. 2) Affidavit of Publication in B.S. Examiner, April 25, 2015 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 Jim Holley, Assistant Director, stated that the applicant is requesting a Variance from Section 405.020.Y. Vehicle/Equipment Sales, Driveways and Section 407.040.F Right-of-way and Transition Buffers of the Unified Development Code of the City of Blue Springs. The property has an address of 1708 SW Eastbound US 40 Highway. The property is located on the south side of 40 Hwy., between 15th and 19th Streets. On July 9, 2014 this Board approved a Variance to allow the minimum lot size in the RC (Regional Commercial) zoning district to be reduced (VAR-05-14-4397). Mr. Holley stated that the previous use of the lot was a Sonic drive-in. The applicant would like to place vehicle sales on this lot. The applicant is requesting a Variance to the 15 foot setback on the right-of-way in lieu of the 25 feet required. They are also requesting a 0 foot paving setback along the east and west property boundaries in lieu of 10 feet. The sign that is currently on the site sets in the 40 Highway right-of-way. The UDC requires the setback to be 25 feet. In order for the applicant to meet that they would have to remove the first two parking spaces on each side and the applicant is hoping not to have to do that. The applicant is asking variances to the east and west buffer. QUESTIONS Board Member Frederick Manning asked if this would impact the other businesses located in this area in reference to traffic. Mr. Holley stated that the applicant needs the requested setback so that they can move traffic more freely throughout the site. The footprint of the building will stay as is. 05.13.2015 Page 2 of 4 kf APPLICANT David Ziller, Representative for the applicant 2008 NW South Outer Road Blue Springs, MO 64015 Mr. Ziller is standing in for the applicant’s attorney, Greg Grounds. Mr. Ziller stated that Mr. Wrisinger has agreed to all staff comments. Mr. Ziller stated that all the parking spaces will be maintained to demonstrate the used cars for sale. The applicant would like the circular drive to flow traffic freely through the site. Chairman Duhon stated that most of the businesses along this area have the same setback. Mr. Holley stated that when you put the vehicle sales lot on this site then that increases the setback requirements. The 25 foot buffer is what is required in the UDC. Most vehicle sales sites have a lot more lot space to work with. This lot is exceptionally small. WITNESSES IN FAVOR None. WITNESSES OPPOSED None. HEARING CLOSED With no further testimony to be taken, Chairman Duhon, closed the public hearing at 6:49 p.m. with a request for action on the petition. MOTION Board Member John Dunn made a motion to approve Variance / VAR-04-15- PUBLIC HEARING 4812 / “TOYO Motors” / 1708 SW Eastbound US 40 Highway. AGENDA ITEM 2 VARIANCE / VAR-04- 15-4812 / “TOYO Motors” / 1708 SW Eastbound US 40 Hwy. SECOND Board Member Brian Ross. VOTE Laurie Hatfield – Aye Frederick Manning - Aye Brian Ross – Aye John Dunn - Aye DeWayne Duhon, Chairman – Aye (APPROVED 5-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, June 10, 2015. MEETING With no further items to come before the Board, a motion was made by ADJOURNED Board Member John Dunn, and seconded by Board Member Laurie Hatfield, to adjourn at 6:51 p.m. Motion carried Unanimously. _______________________________ Karen Findora, Recording Secretary 05.13.2015 Page 3 of 4 kf  ________________________ ______________________ DeWayne Duhon, Chairman Date 05.13.2015 Page 4 of 4 kf  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: June 10, 2015 Agenda Item: 2 Case File Number: VAR-04-15-4821 Project Name: Mr. C’s Restaurant Type of Application: Non-Use Variance Request: The applicant is requesting a variance from the exterior setback requirements in Section 404.145.C.3 of the UDC Applicant: Mr. C’s Restaurant / Sal Carollo Property Owner: CABRA Corp. Location (Address): 1331 SW Westbound US Hwy. 40, North side of Hwy 40, east of 15th St. Area: 1.4 acres +/- Lots: 1 Existing Zoning: “GB” – General Business Existing Land Use: Restaurant Comprehensive Plan Regional Commercial Designation: Attachments:  Site location/zoning map  Site Plan  Variance Application  Public Notice documents  Letter from Applicant Meeting Date: June 10, 2015 Planner: Michael Peterman, Principal Planner Reviewed By: Scott Allen, Community Development Director Page 1 of 4  Project: 1331 SW US HWY 40 – Mr. C’s Restaurant Plan Case Number: VAR-04-15-4821 Figure 1. Vicinity Map / General Location Map Figure 2. Project Site (Aerial Photo) SITE Page 2 of 4  Project: 1331 SW US HWY 40 – Mr. C’s Restaurant Plan Case Number: VAR-04-15-4821 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting to encroach into the required 25 foot setback by 12 feet to construct a deck. The proposed deck would extend 16 feet from the south side of the business towards 40 Hwy. The current building is 29 feet from the Right of Way. The finished deck will be 13 feet from the US 40 Hwy Right of Way. The applicant is proposing the deck to add an element of choice for customer seating. The applicant has also proposed decorative landscaping around the deck. 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 proposed deck is intended to provide more seating options for the restaurant use. The building configuration is unique in that it is a long, narrow building with parking and a drive aisle to the east, and then a building leaving very little, if any, room to safely construct outdoor seating to the east of the building. It sits on the property line to the west so there is no opportunity to the west and similarly because this is a strip shopping center with businesses in the tenant space to the north there is not opportunity for outdoor seating to the north. The southern solution is the only one available. 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. However granting this variance may set precedent for extending other types of encroachments or portions of principal structures into the setback area which in turn may compromise the rights of adjacent property owners. 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: The strict application of the zoning regulations may create a practical difficulty for the applicant. The applicant does not have alternatives to the method of construction chosen to add this amenity in such a way as resolve the setback issue. The use of the lot for its intended purpose would not be 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; however, this variance may establish a precedent within the community that could eventually lead to adverse impacts to the general welfare of the community. Page 3 of 4  Project: 1331 SW US HWY 40 – Mr. C’s Restaurant Plan Case Number: VAR-04-15-4821 5. The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations. Staff response: The granting of the variance is not in opposition with the general intent and/or spirit of the UDC in that the UDC was not intended to stifle desirable business practices. The intent is for structures within the GB zoning district to be 25-feet from the Right of Way. In this case the SW 40 Highway right of way is extends 32.5 feet beyond the actual roadway and this combined with the 13 feet of landscaped setback will result in 45.5 feet of landscaping between the roadway and the southern end of the proposed deck. 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  PUBLIC NOTICE Variance VAR-04-15-4821 “Mr. C’s Restaurant” 1331 SW US 40 Hwy. Notice is hereby given that a public hearing will be held by the Board of Adjustment of the City of Blue Springs on Wednesday, June 10, 2015 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 Sal Carollo, Owner of Mr. C’s Restaurant. The variance request references Section 404.140.C.3 (General Business District, Exterior Setback), in that the applicant is requesting a variance from the setback regulations to allow a deck expansion for restaurant use. 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: Litchford Addition, Lot 3, a subdivision of land in the City of Blue Springs, Jackson County, Missouri. CITY OF BLUE SPRINGS Board of Adjustment By: Karen Findora, Recording Secretary PUBLISH: Saturday, May 23, 2015 E-MAIL TO THE EXAMINER: Attn. Kathy Jones, kathy.jones@examiner.net 05/21/2015 Page 1 of 1  SW 17th St T3/ SW 14th St SW 11th St W Walnut St H-O SW 19th Street Ter T4 T5 CS SW 9th St SW SW 18th Street Ter SW Moore St Moore SW 7th Street Ter SW 21st St St SW SW 17th St T3 SW 18th St SW Chicago St 11th St SW 13th St SW SW 15th St Chicago St SW 12th St T3 GB SW Mcarthur St SF-7 SW South Ave SW South Ave SW 8th St SW McDaniels St SW 16th St SW 10th St SW Eugene SW Jackson St SF-7 LI LI SW Leonard St GB RC GB RC £ ¤ 40 SITE £ ¤ 40 GB MF-14 RC TF SW Sunset Ave SW Skyline Dr SW SW Luttrell Rd SW 19th Street Ter M SW Skyline Dr ni SW 19th St or ng e GB SW Consumer s id Dr SW Azure St SW 18th St SW 17th St SW 16th St SF-7 ¬ « 7 SW th SW SW 14th Ter 13 Rainbow SW Morningside Dr r Ln Te MF-14 GB/ SW Tw i lig R-O ht SW Horizon Dr L n SW Sunrise Dr VAR-04-15-4821 MR. C'S RESTAURANT 1331 SW WESTBOUND US 40 HWY SITE LOCATION MAP 0 300 ± 600 1,200 Feet