Board of Adjustment

Board of Adjustment Agenda Wednesday December 9, 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, December 9, 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, November 11, 2015 2. PUBLIC HEARING – VARIANCE – VAR-11-15-5083 – “Lot 43, Old Mill Park Annex 3rd Plat” / 215/217 NW 27th Street Court Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in B.S. Examiner, November 21, 2015 3. Application with attachments 4. Letter of Uniqueness dated, November 19, 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, January 13, 2016. 4. ADJOURN If special accommodations are required for citizen participation Please call 228-0207 (voice) or 228-0250 (TDD) BA – 12.09.2015 kf  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, November 11, 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, November 11, 2015 with the following members and guests in attendance. MEMBERS PRESENT Laurie Hatfield Brian Ross Frederick Manning (Arrived at 6:34 p.m.) John Dunn DeWayne Duhon, Chairman Ron Amos STAFF / OTHERS Jim Holley, Community Development Assistant Director Ben McCabe, City Engineer Nancy Yendes, City Attorney Karen Findora, Recording Secretary Jim Leacock, Public Stenographer ABSENT Scott Allen, Community Development Director 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 Board Member Laurie Hatfield, and a unanimous vote, the Minutes of Wednesday, October 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. 11.11.2015 Page 1 of 5 kf PUBLIC HEARING Chairman Duhon, opened the public hearing at 6:34 p.m. with a request for AGENDA ITEM 2 exhibits from the City Attorney. Ms. Nancy Yendes entered Exhibits 1 thru 8 into VARIANCE / VAR-10- the public record on behalf of the applicant. 15-5018/ “QuikTrip” / NW Corner of 40 & 7 Highway 1) Staff Report with attachments 2) Affidavit of Publication in B.S. Examiner, October 24, 2015 3) Application with attachments 4) Letter of Uniqueness dated, October 15, 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) STAFF COMMENTS Michael Peterman, Principal Planner, stated that the applicant is requesting four separate Variances for their new QuikTrip store that will be constructed on the NW corner of 7 Highway and US 40 Highway.  To exceed the maximum number of parking spaces allowed.  To allow parking in front of the front building line.  To exceed the maximum lot width for Pad Site buildings.  A reduction of the required landscape buffer between properties. Mr. Peterman stated that the applicant is requesting to exceed the maximum width of a pad site which is 250 sq. ft. to make their lot bigger. The reason for this request is because MoDOT’s requirement for the highway states that the applicant’s entrance can’t be within 250 ft. of the 7 & 40 Highway intersection. There are four (4) lots there now and the applicant will replat into three (3) lots. Mr. Peterman stated that the applicant is also requesting to reduce the 12 ft. buffer by 2 ft. to 10 ft. is dictated by the location of the entrance drive. The additional 2 ft. will cause a conflict between vehicles entering the site and a drive aisle in the parking lot. Mr. Peterman stated that in the new Code there is a section that states there can’t be parking in front of the building line. Convenience store use has parking in the front of the store so the applicant is asking for a Variance to this section of the new Code. Mr. Peterman stated that the location allows 40 parking spaces but the applicant is requesting 75 spaces due to the type of store that it is. This would allow for proper circulation through the lot. Mr. Peterman stated that due to the terrain parking is not assessable toward the back of the building. QUESTIONS The Board Members questioned the entrances to the site and the way customers will be circulated through the site. Board Member Manning asked about a traffic study. Mr. Peterman stated that the Preliminary Plat was heard by the Planning Commission on November 9th and at that time they discussed the traffic study. 11.11.2015 Page 2 of 5 kf  The applicant is currently working with the City and MoDOT on all traffic issues. Chairman Duhon asked what was the purpose of the new Code requirement for not parking in front of a building. Mr. Peterman stated that the new requirement is a new standard trying to bring buildings closer to the street to provide more walkability. In that case parking would be located on the side and the rear of the building. APPLICANTS Andrew Smith, QuikTrip Corp. 5725 Foxridge Drive Mission, Kansas AND Ron Cowger, AGC Engineer 504 S Leonard Liberty, MO Mr. Smith spoke on each Variance. Mr. Smith informed the Board that they have submitted a Traffic Study and noted that they have installed right turning lanes. WITNESSES IN FAVOR None. WITNESSES OPPOSED None. HEARING CLOSED With no further testimony to be taken, Chairman Duhon, closed the public hearing at 6:57 p.m. with a request for action on the petition. MOTION Board Member Ron Amos made a motion to approve Variance “A” / VAR-10-15- PUBLIC HEARING 5018 / “QuikTrip No. 271R” to exceed the maximum width of the lot. AGENDA ITEM 2 VARIANCE “A” / VAR- 10-15-5018/ “QuikTrip” / NW Corner of 40 & 7 Highway SECOND Board Member John Dunn. VOTE Laurie Hatfield – Aye Frederick Manning - Aye Brian Ross – Aye John Dunn - Aye Ron Amos - Aye DeWayne Duhon, Chairman – Abstain (APPROVED 5-Aye, 0-No, 1-Abstain) MOTION Board Member John Dunn made a motion to approve Variance “B” / VAR-10- PUBLIC HEARING 15-5018 / “QuikTrip No. 271R” to allow the reduction of the required 12 ft. AGENDA ITEM 2 buffer by 2 ft. to 10 ft. as dictated by the location of the entrance drive. VARIANCE “B” / VAR-10-15-5018/ “QuikTrip” / NW Corner 11.11.2015 Page 3 of 5 kf  of 40 & 7 Highway SECOND Board Member Frederick Manning. VOTE Laurie Hatfield – Aye Frederick Manning - Aye Brian Ross – Aye John Dunn - Aye Ron Amos - Aye DeWayne Duhon, Chairman – Abstain (APPROVED 5-Aye, 0-No, 1-Abstain) MOTION Board Member Laurie Hatfield made a motion to approve Variance “C” / VAR- PUBLIC HEARING 10-15-5018 / “QuikTrip No. 271R” to allow parking in front of the front AGENDA ITEM 2 building line. VARIANCE “C” / VAR-10-15-5018/ “QuikTrip” / NW Corner of 40 & 7 Highway SECOND Board Member John Dunn. VOTE Laurie Hatfield – Aye Frederick Manning - Aye Brian Ross – Aye John Dunn - Aye Ron Amos - Aye DeWayne Duhon, Chairman – Abstain (APPROVED 5-Aye, 0-No, 1-Abstain) MOTION Board Member John Dunn made a motion to approve Variance “D” / VAR-10- PUBLIC HEARING 15-5018 / “QuikTrip No. 271R” to exceed the maximum number of parking AGENDA ITEM 2 spaces allowed form 40 to 75. VARIANCE “D” / VAR-10-15-5018/ “QuikTrip” / NW Corner of 40 & 7 Highway SECOND Board Member Laurie Hatfield. VOTE Laurie Hatfield – Aye Frederick Manning - Aye Brian Ross – Aye John Dunn - Aye Ron Amos - Aye DeWayne Duhon, Chairman – Abstain (APPROVED 5-Aye, 0-No, 1-Abstain) OTHER BUSINESS The next meeting is scheduled for Wednesday, December 9, 2015. MEETING With no further items to come before the Board, a motion was made by ADJOURNED Board Member Frederick Manning, and seconded by Board Member Brian Ross, to adjourn at 7:08 p.m. Motion carried Unanimously. 11.11.2015 Page 4 of 5 kf  _______________________________ Karen Findora, Recording Secretary ________________________ ______________________ DeWayne Duhon, Chairman Date 11.11.2015 Page 5 of 5 kf  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: December 9, 2015 Agenda Item: 2 Case File Number: VAR-11-15-5083 Lot 43, Old Mill Park Annex 3rd Plat Project Name: (215/217 NW 27th St. Court) Type of Application: Non-Use Variance Request: The applicant is requesting a 5 foot reduction of the required 20 foot rear setback to allow the construction of a duplex on a TF (Two-Family) lot. Applicant: Jeff Davis Property Owner: Jeff Davis Construction Location (Address): 215/217 NW 27th St. Court, East of Woods Chapel Road along Vesper St. Area: 8412 sq. ft. +/- Lots: 1 Existing Zoning: “TF” (Two-Family) Existing Land Use: Vacant Residential Comprehensive Plan Mixed Density Residential Designation: Attachments:  Site location/zoning map  Site Plan  Variance Application  Public Notice documents  Letter from Applicant Meeting Date: December 9, 2015 Planner: Michael Peterman, Principal Planner Reviewed By: Scott Allen, Community Development Director Page 1 of 4  Project: Lot 43 Old Mill Park Annex (215/217 NW 27th St. Court) Plan Case Number: VAR-11-15-5083 Figure 1. Vicinity Map / General Location Map Figure 2. Project Site (Aerial Photo) Page 2 of 4  Project: Lot 43 Old Mill Park Annex (215/217 NW 27th St. Court) Plan Case Number: VAR-11-15-5083 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting a Variance to Section 405.020 Residential Building Type Standards, Duplex - Standard Lot of the Unified Development Code of the City of Blue Springs. The applicant is requesting a 5 foot reduction of the required 20 foot rear setback. The applicant is proposing to construct a new duplex building on an existing lot in the Old Mill Park Annex Subdivision. The applicant is proposing to build a similar duplex to the others that currently exist in the cul-de-sac. There is a large detention area at the rear of the lot and an existing sanitary sewer easement that runs across the rear of the lot. The variance request will be for the north corner of the proposed building. It is proposed to be 15.08 ft. from the rear property line. 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 large detention tract and the sanitary sewer easement are unique to this lot. This lot was platted prior to the new Unified Development Code. The duplex is proposed to be built in similar style to the existing buildings. 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 proposed building will exceed the 20 foot rear yard setback only on the north most corner of the building. A large detention area is behind this lot. 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 building is similar in style to the existing buildings, strict application would require significant changes to the building plan. 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: Lot 43 Old Mill Park Annex (215/217 NW 27th St. Court) Plan Case Number: VAR-11-15-5083 Staff response: The granting of the variance is not in opposition with the general intent and/or spirit of the UDC. Setbacks are designed to create buffers from other uses or neighbors. The large detention area in the rear yard will provide the needed setbacks. SUMMARY: The Board of 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  NW NW NW Buckingham Canterbury Br SF-7 Pl is tol Ct Ct N Pl NW s Ca W King SO NW nshire St NW NW Ct m br ra NW Ct tfo o Kensingto Dev idge rd Hartford Buckingham NW NW Che Ct Ct ls ea P Pl r Pl l tl eD N Cas TF Ha W Pl m NW pt on SF-7 NW r NW dD Windsor i c har Bedford R Pl NW Jackson County Ct r TF NW Mill Ct t Ter rD t Stree SF-7 the NW Woods Chapel Rd 51s n NW Pa NW NW Mill Dr TF TF NW NW tone Brielle s Mill NW Mill Pl Ct NW 26th St MF-14 Cir SITE NW TF Wa te rwh eel NW Ct GB 27th Street GB NW 27th Ct St SW London Dr spe r St W Ve SW 27th St N SW London Dr SW SW Sydney St SW Rome SW Ct RE SW 26th Kel Ct 26 th St n Dr Street anno SWCt Sh Ha SW Ct waii SW Pa SW a ri s SF-7 Kris t Dr SW Shannon Ct Ct RE SW 25th Street Ct SW Walnut St SW SW Oxford Dr SW Woods Chapel Ct Cante rbury SW Rd AG Moore SW Moore St RE SW Moore St Pl MF-14/ VAR-11-15-5083 R-O OLD MILL ANNEX LOT 43 215-217 NW 27TH STREET CT SITE LOCATION MAP 0 250 500 ± 1,000 Feet  PUBLIC NOTICE Variance VAR-11-15-5083 “Lot 43, Old Mill Park Annex 3rd Plat” 215 / 217 NW 27th Street Court Notice is hereby given that a public hearing will be held by the Board of Adjustment of the City of Blue Springs on Wednesday, December 9, 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 Jeff Davis Construction, LC to approve a Variance request to Section 405.020, Duplex-Standard Lot “Rear setback.” The applicant is requesting to encroach into the required 20 foot setback by 5 feet to construct a duplex. 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: Lot 43, OLD MILL PARK ANNEX 3RD PLAT, LOTS 41-47 AND TRACT A, a subdivision in Blue Springs, Jackson County, Missouri. CITY OF BLUE SPRINGS Board of Adjustment By: Karen Findora, Recording Secretary PUBLISH: Saturday, November 21, 2015 E-MAIL TO THE EXAMINER: Attn. Kathy Jones, kathy.jones@examiner.net 11/19/15 Page 1 of 1  NW Mi lfo rd Pl NW NW Br Yorkshire is tol Ct Dr N Pl Ca W Ct m br St ra NW NW nshire NW tfo o Kensington Dev idge rd Hartford NW Ct NW Che Ct ls ea P Pl N l NW Woods Chapel Rd Ha W r eD Pl m pt Castl on NW r ichard D NW NW R Windsor NW Bedford Pl Jackson County Ct NW Mill Ct er reet T 1st St NW 5 35-810-12-16-00-0-00-000 35-810-12-15-00-0-00-000 NW Mill Dr 35-810-12-06-00-0-00-000 NW tone s Mill NW Mill Pl 35-810-12-17-00-0-00-000 NW 26th St 35-810-12-05-00-0-00-000 Cir NW 35-810-12-39-00-0-00-000 Wa terw hee 35-810-12-40-00-0-00-000 lC NW t 27th 35-810-12-37-00-0-00-000 Street NW Ct 27th 35-810-12-35-00-0-00-000 St 35-810-12-41-00-0-00-000 r St SW London Dr e Vesp NW SW 27th St SW London Dr 35-810-12-34-00-0-00-000 SW SW Sydney St SW Rome 35-810-12-38-00-0-00-000 SW Kel 26 Ct Ct th SW 26th St r on D Street hann SWCt SW S Ha Ct waii SW Pa SW a ri s Dr t Kris SW Shannon Ct Ct SW SW Woods Chapel Rd 25th Street Ct SW Walnut St SW SW Oxford Dr SW Woods Chapel Ct Cante rbury SW Rd Moore SW Moore St Pl SW Moore St VAR-11-15-5083 OLD MILL ANNEX LOT 43 215-217 NW 27TH STREET CT 185' NOTIFICATION MAP 0 250 500 ± 1,000 Feet  November 23, 2015 Ref: Public Hearing: “Lot 43, Old Mill Park Annex 3rd Plat” 215 / 217 NW 27th Street Court Variance / VAR-11-15-5083 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 Jeff Davis Construction, LC to approve a Variance request to Section 405.020, Duplex-Standard Lot “Rear setback.” The applicant is requesting to encroach into the required 20 foot setback by 5 feet to construct a duplex. 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, December 9, 2015 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