Board of Adjustment

Board of Adjustment Agenda Wednesday October 14, 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. Laurie Hatfield, Vice Chairman 3. John Dunn 4. Frederick Manning 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, October 14, 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, June 10, 2015 2. PUBLIC HEARING – VARIANCE – VAR-09-15-4982 – “GPI” / 2925 N 7 Highway Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in B.S. Examiner, September 26, 2015 3. Application with attachments 4. Letter of Uniqueness dated, September 21, 2015 5. 185 Ft. Notification Map 6. Names/addresses of property owners w/n 185 ft. of site 7. Copy of letter sent to said property owners 8. UDC (By Reference) 3. OTHER BUSINESS – The next scheduled meeting is Wednesday, November 11, 2015. 4. ADJOURN If special accommodations are required for citizen participation Please call 228-0207 (voice) or 228-0250 (TDD) BA – 10.14.2015 kf  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, June 10, 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, June 10, 2015 with the following members and guests in attendance. MEMBERS PRESENT Ron Amos Brian Ross DeWayne Duhon, Chairman Laurie Hatfield STAFF / OTHERS Jim Holley, Community Development Assistant Director Michael Peterman, Principal Planner Ben McCabe, Engineer Nancy Yendes, City Attorney Karen Findora, Recording Secretary Donna Lien, Public Stenographer ABSENT Scott Allen, Community Development Director Board Member Frederick Manning Board Member John Dunn CALL TO ORDER DeWayne Duhon, Chairman, called the meeting to order at 6:57 p.m. with a APPROVAL OF request that everyone stand for the Pledge of Allegiance. With a motion by MINUTES Laurie Hatfield, a second from Alternate Member Ron Amos, and a unanimous vote, the Minutes of Wednesday, May 13, 2015, were approved. Chairman Duhon stated that as the Board consist of five (5) voting members; and there are only four (4) present this evening it will take a unanimous vote to approve the requested Variance. Chairman Duhon asked the applicant if they would like to proceed or would they prefer to continue to the next available meeting date. Mr. Sal Carollo, Owner of Mr. C’s Restaurant, stated that he would like to proceed. 06.10.2015 Page 1 of 4 kf  Chairman Duhon advised the audience of the manner in which the Public Hearing would be conducted. PUBLIC HEARING Chairman Duhon, opened the public hearing at 7:00 p.m. with a request for AGENDA ITEM 2 exhibits from the City Attorney. Ms. Nancy Yendes entered Exhibits 1 thru 7 VARIANCE / VAR-04-15- into the public record on behalf of the applicant. 4821 / “Mr. C’s Restaurant” / 1331 SW Westbound US 1) Staff Report with attachments 40 Hwy. 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) STAFF COMMENTS Michael Peterman, Principal Planner, stated that the applicant is requesting a Variance from Section 404.140.C.3 Exterior Setback Requirements, to permit an exterior deck to be constructed closer than twenty five (25) feet into the setback area. The current building is 29 feet from the right-of-way. The property in question is located along the North side of Highway 40, east of 15th Street with an address of 1331 SW Westbound US 40 Highway. QUESTIONS Chairman Duhon asked approximately how much difference between the edge of the road and the right-of-way. Mr. Peterman stated that the right-of-way extends 32 feet beyond the actual roadway. The deck edge will be 42 feet from the roadway. APPLICANT Sal Carollo, Cabra Corporation, Applicant and Owner of Mr. C’s Restaurant 1331 SW Westbound 40 Highway. Mr. Carollo stated that on St. Patrick’s Day he pulled a special use permit to have an event outside and that event was successful. Mr. Carollo stated that he would like to accommodate his cliental who smoke and who like to sit outdoors to have lunch or dinner. WITNESSES IN FAVOR Jasmine Belts, Bartender for Mr. C’s 1009 NW Canterbury, Blue Springs, MO Ms. Belts stated that they intend to build a nice looking deck. She felt the deck would be a great feature for the restaurant and would enhance 40 Highway. Josh Gulick, Kitchen Manager 513 SW 12th Street, Blue Springs, MO Mr. Gulick stated that the kitchen is a country kitchen serving fried chicken. Mr. Gulick is in favor of the patio. Oren Motes 1317 SW Westbound 40 Highway Mr. Motes’ office building is five doors down from Mr. C’s Restaurant. Mr. Motes feels that the patio will be a great feature for the area. 06.10.2015 Page 2 of 4 kf WITNESSES OPPOSED None. QUESTIONS Board Member Laurie Hatfield stated the she feels this would be a nice addition but showed concern with setting a precedent. Chairman Duhon stated that this is a unique property and that the Board would have to review any future submittals for this area to see if they fall under that category. Alternate Member Ron Amos reminded the Board that the setback requirement goes with the property so a new building could be set out to that point unless there are stipulations put on the property. HEARING CLOSED With no further testimony to be taken, Chairman Duhon, closed the public hearing at 7:15 p.m. with a request for action on the petition. MOTION Alternate Member Amos made a motion to approve Variance / VAR-04-15-4821 AGENDA ITEM 2 / “Mr. C’s Restaurant” with a stipulation that the setback requirement will only VARIANCE / VAR-04-15- pertain to a non-enclosed deck like structure. Alternate Member Amos modified 4821 / “Mr. C’s Restaurant” his motion to include a temporary screen like enclosure will be allowed as per / 1331 SW Westbound US code. 40 Hwy. SECOND Board Member Laurie Hatfield. ADDED MOTION Alternate Member Ron Amos made a motion to approve Variance / VAR-04-15- 4821 / “Mr. C’s Restaurant” with the limitation that the encroachment into the required setback from the right-of-way will only be permitted for a non-enclosed deck like structure with temporary screening from time to time as permitted by City Codes. VOTE Frederick Manning – Absent Laurie Hatfield – Aye Brian Ross – Aye John Dunn - Absent DeWayne Duhon, Chairman – Aye Ron Amos - Aye (APPROVED 4-Aye, 0-No) AGENDA ITEM 3 ELECT CHAIRMAN & VICE-CHAIRMAN MOTION ELECT CHAIRMAN Alternate Member Ron Amos nominated Board Member DeWayne Duhon as Chairman of the Board of Adjustment. SECOND Board Member Laurie Hatfield. VOTE Frederick Manning – Absent Laurie Hatfield - Aye Brian Ross – Aye John Dunn - Absent 06.10.2015 Page 3 of 4 kf  DeWayne Duhon, Chairman – Aye Ron Amos - Aye (APPROVED 4-Aye, 0-No) MOTION Alternate Member Ron Amos nominated Laurie Hatfield as Vice-Chairman of ELECT VICE- the Board of Adjustment. CHAIRMAN SECOND Board Member Brian Ross. VOTE Frederick Manning – Absent Laurie Hatfield - Aye Brian Ross – Aye John Dunn - Absent DeWayne Duhon, Chairman – Aye Ron Amos - Aye (APPROVED 4-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, July 8, 2015. MEETING With no further items to come before the Board, a motion was made by ADJOURNED Board Member Laurie Hatfield, and seconded by Alternate Ron Amos, to adjourn At 7:22 p.m. Motion carried Unanimously. _______________________________ Karen Findora, Recording Secretary ________________________ ______________________ DeWayne Duhon, Chairman Date 06.10.2015 Page 4 of 4 kf  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: October 14, 2015 Agenda Item: 2 Case File Number: VAR-09-15-4982 Project Name: GPI – Facility Addition Type of Application: Non-Use Variance Request: The applicant is requesting a 5 foot reduction of the required 15 foot setback and landscape buffer for off- street parking along North 7 Highway to allow the expansion of the current parking lot. Applicant: Gaming Partners International (GPI) – Paul Quinlan Property Owner: Gaming Partners International Location (Address): 2925 NW 7 Highway, SW corner of 7 Hwy and Pink Hill Road. Area: 5 acres +/- Lots: 1 Existing Zoning: “LI” – Light Industrial Existing Land Use: Restaurant Comprehensive Plan Services Entertainment Designation: Attachments:  Site location/zoning map  Site Plan  Variance Application  Public Notice documents  Letter from Applicant Meeting Date: October 14, 2015 Planner: Michael Peterman, Principal Planner Reviewed By: Scott Allen, Community Development Director Page 1 of 4  Project: GPI - 2925 NW 7 Highway Plan Case Number: VAR-09-15-4982 Figure 1. Vicinity Map / General Location Map Figure 2. Project Site (Aerial Photo) Page 2 of 4  Project: GPI - 2925 NW 7 Highway Plan Case Number: VAR-09-15-4982 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting a Variance to Section 407.010.G.3 Location of Off-Street Parking and Section 407.040.F.3 Right-of-way and Transition Buffers of the Unified Development Code of the City of Blue Springs. The applicant is requesting a 5 foot reduction of the required 15 foot setback and landscape buffer for off-street parking along North 7 Highway to allow the expansion of the current parking lot. The applicant is proposing to construct a 32,000 square foot building addition. The topographic challenges on the site have dictated the new addition to be constructed as far east as possible requiring the additional parking to be shifted east as well. 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 grade of the lot falls off to the southwest and the existence of a drainage way in the southwest corner limit the placement of the new addition. The applicant is proposing to grade the lot to accommodate the addition while leaving the south west corner as undisturbed as possible to allow for the continued drainage. 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 intent of the applicant is to reduce the impact by not encroaching too far into the southwest corner. The new parking lot is intended to align with the existing lot along 7 Highway. 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 proposed addition would have to be reduced in size or offset from the current building. The addition would also require that more grading in the southwest corner of the lot. 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. 5. The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations. Page 3 of 4  Project: GPI - 2925 NW 7 Highway Plan Case Number: VAR-09-15-4982 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 there to be a consistent setback from 7 Highway for all parking and enough room for adequate screening with vegetation. 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  ¬ « 7 MF-14 NW NW Pink Hill Rd 4th St NW Hunter Dr NW Sherwood Dr SITE NW 4th St NW 4th Street GB Ter NW 3rd Street Ter SF-7 NW Park Dr NW Hunter Dr NW 4th St NW 4th LI Street Ter MF-14 NW N o t t in gha NW Arbor D LI m Ln NW M ead owv NW 6th St iew Dr NW Meadowview NW NW Park Rd Pe ca Cir n NW 11th Street Ter TF NW Leann Dr NW Oak Ridge Dr NW Acorn Dr r NW Almond NW lm e NW 9th St NW Pa NW Timberview Roanoke Cir Ct NW Roanoke Dr NW 10th St NW Roanoke Dr NW 8th St NW NW 13th St NW NW Chestnut NW Acorn Dr NW 4th St Redwood NW NW 5th St Oak Leaf Cir Ct Cir Wedgewood VAR-09-15-4982 Cir GPI 2925 NW 7 HWY SITE LOCATION MAP 0 300 ± 600 1,200 Feet  PUBLIC NOTICE Variance VAR-09-15-4982 “GPI” 2925 N. Highway 7 Notice is hereby given that a public hearing will be held by the Board of Adjustment of the City of Blue Springs on Wednesday, October 14, 2015 at 6:30 p.m. in the Municipal Annex at 1304 W Main Street for the purpose of hearing parties in interest and citizens on a request by Paul Quinlan, Vice President of GPI to approve a Variance request to Section 407.010.G.3 Location of Off-Street Parking and Section 407.040.F.3 Right-of-way and Transition Buffers of the Unified Development Code of the City of Blue Springs. The applicant is requesting a 5 foot reduction of the required 15 foot setback and landscape buffer for off-street parking along North 7 Highway to allow the expansion of the current parking lot. Interested parties may view the application materials on file in the Community Development Department located at 903 W. Main Street, Blue Springs, MO. The site is legally described as follows: ALL THAT PART OF LOT 2, NORTHWEST FRACTIONAL QUARTER OF SECTION 19, TOWNSHIP 49, RANGE 30 IN THE CITY OF BLUE SPRINGS, JACKSON COUNTY, MISSOURI DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING 40.00 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 00°00'00" WEST A DISTANCE OF 39.65 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE INTERSECTION OF THE SOUTH RIGHT- OF-WAY LINE OF PINK HILL ROAD AND THE WEST RIGHT-OF-WAY LINE OF MISSOURI HIGHWAY 7, AS NOW ESTABLISHED; THENCE SOUTH 00°00'00" WEST, ALONG THE WEST RIGHT-OF-WAY LINE OF MISSOURI HIGHWAY 7 (40.00 FEET FROM THE CENTERLINE THEREOF) 459.78 FEET; THENCE NORTH 90°00'00" WEST A DISTANCE OF 478.28 FEET; THENCE NORTH 00°00'00" EAST A DISTANCE OF 470.22 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE PINK HILL ROAD, AS NOW ESTABLISHED; THENCE SOUTH 88°45'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE (40.00 FEET FROM THE CENTERLINE THEREOF) A DISTANCE OF 478.39 FEET TO THE POINT OF BEGINNING, EXCEPT THE EAST 10 FEET THEREOF. Page 1 of 2 THE ABOVE DESCRIPTION HAS BEEN TAKEN FROM A SPECIAL WARRANTY DEED, RECORDED AS DOCUMENT NO. I-1375538 IN BOOK I-2750 AT PAGE 1268 AS SHOWN ON THE SURVEY PREPARED FOR GAMING PARTNERS INTERNATIONAL BY ANDERSON SURVEY COMPANY AND DATED JULY 30, 2015. CITY OF BLUE SPRINGS Board of Adjustment By: Karen Findora, Recording Secretary PUBLISH: Saturday, September 26, 2015 E-MAIL TO THE EXAMINER: Attn. Kathy Jones, kathy.jones@examiner.net 09/24/2015 Page 2 of 2  ¬ « 7 Independence 23-930-02-04-00-0-00-000 23-930-01-08-00-0-00-000 36-320-08-35-00-0-00-000 Jackson County 36-320-08-36-00-0-00-000 NW 4th NW Pink Hill Rd 36-320-20-03-00-0-00-000 St NW Hunter Dr NW Sherwood Dr NW 4th St NW 4th Street Ter 36-320-20-04-00-0-00-000 36-320-08-37-00-0-00-000 NW Hunter Dr NW 4th NW 3rd Street Ter 36-320-20-05-00-0-00-000 Street NW 4th St Ter 36-320-20-06-00-0-00-000 NW N o t t in gha 36-320-20-08-00-0-00-000 m Ln NW Park Dr NW M 36-320-20-07-00-0-00-000 ead NW 6th St owv iew Dr NW NW Park Rd Meadowview Cir NW NW 11th Street Ter Pe ca n NW Oak Ridge Dr NW r NW 9th St NW lm e Pa Timberview Roanoke NW Cir Ct NW Roanoke Dr NW Palmer NW 10th St NW 8th St NW NW Roanoke Dr NW 13th St NW NW NE Roanoke Dr Chestnut NW 4th St Redwood NW NW 5th St Oak Leaf Cir Ct Cir Wedgewood VAR-09-15-4982 Cir GPI 2925 NW 7 HWY 185' NOTIFICATION MAP 0 300 600 ± 1,200 Feet  September 28, 2015 Ref: Public Hearing: “GPI” 2925 N Highway 7 Variance / VAR-09-15-4982 Dear Property Owner: A Public Hearing will be held by the Board of Adjustment of the City of Blue Springs to receive comments on a request by Paul Quinlan, Vice President of GPI to approve a Variance request to Section 407.010.G.3 Location of Off-Street Parking and Section 407.040.F.3 Right-of-way and Transition Buffers of the Unified Development Code of the City of Blue Springs. The applicant is requesting a 5 foot reduction of the required 15 foot setback and landscape buffer for off-street parking along 7 highway to allow the expansion of the current parking lot. 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 Court at 1304 W Main Street commencing at 6:30 p.m. on the following dates: Board of Adjustment - Wednesday, October 14, 2015 Variance VAR-09-15-4982 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