Board of Adjustment

Board of Adjustment Agenda Wednesday March 9, 2016 6:30 p.m. HOWARD L. BROWN PUBLIC SAFETY BUILDING 1100 SW Smith 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 Howard L. Brown Public Safety Building 1100 SW Smith Street Blue Springs, Missouri 64015 Wednesday, March 9, 2016 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, December 9, 2015 2. PUBLIC HEARING – VARIANCE – VAR-02-16-5195 – “2155 NE Porter Road” Exhibits: 1. Staff Report with attachments 2. Topography shown with 2-foot contours 3. Affidavit of Publication in B.S. Examiner, February 20, 2016 4. Application with attachments 5. Letter of Uniqueness dated, February 11, 2016 6. 185 Ft. Notification Map 7. Names/addresses of property owners w/n 185 ft. of site 8. Copy of letter sent to said property owners 9. UDC (By Reference) 3. OTHER BUSINESS – The next scheduled meeting is Wednesday, April 13, 2016. 4. ADJOURN If special accommodations are required for citizen participation Please call 228-0207 (voice) or 228-0250 (TDD) BA – 03.09.2016 kf  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, December 9, 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, December 9, 2015 with the following members and guests in attendance. MEMBERS PRESENT Frederick Manning Ginger Duhon Ron Amos, Interim Chairman John Dunn STAFF / OTHERS Jim Holley, Community Development Assistant Director Michael Peterman, Principal Planner Ben McCabe, City Engineer Nancy Yendes, City Attorney Karen Findora, Recording Secretary ABSENT Board Member Laurie Hatfield Board Member DeWayne Duhon Board Member Brian Ross Jim Leacock, Public Stenographer CALL TO ORDER APPROVAL OF Ron Amos, Interim Chairman, called the meeting to order at 6:33 p.m. with a MINUTES request that everyone stand for the Pledge of Allegiance. With a motion by Board Member John Dunn, a second from Frederick Manning, and a unanimous vote, the Minutes of Wednesday, November 11, 2015 were approved. Interim Chairman Amos 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. 12.09.2015 Page 1 of 3 kf PUBLIC HEARING Interim Chairman Amos, opened the public hearing at 6:35 p.m. City Attorney, AGENDA ITEM 2 Nancy Yendes, informed the applicant that since there are only four board VARIANCE / VAR-11-15- members present they have the right to continue the meeting if they would like 5083 / “Lot 43, Old Mill Park to have all five voting members present. Ms. Yendes asked the applicant if Annex 3rd Plat” / 215/217 they would like to proceed. The applicant at that time nodded yes, Ms. Yendes NW 27th Street Court stated that the applicant has chosen to proceed with the hearing. Interim Chairman Amos requested exhibits from the City Attorney. Ms. Yendes entered Exhibits 1 thru 8 into the public record on behalf of the applicant. 1) Staff Report with attachments 2) Affidavit of Publication in B.S. Examiner, November 21, 2015 3) Application with attachments 4) Letter of Uniqueness 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 a Variance from a 5 foot reduction of the required 20 foot rear setback to allow the construction of a duplex on “TF” (Two Family) lot. The property is located east of Woods Chapel Road along Vesper Street. There is a large detention area at the rear of the lot. The Variance request is for the north portion of the building. The uniqueness is the large detention area in the back of the lot. QUESTIONS Board Member Frederick Manning asked if it would affect surrounding property owners. Mr. Peterman stated that they are not proposing to be any closer to the properties to the northeast or the south just the north corner. Member Manning asked if it would affect parking. Mr. Peterman stated that it would not since it’s located in a cul-de-sac. APPLICANT Joe Smith 1422 NW Willow Drive Grain Valley, MO Mr. Smith stated that the hardship is that he has tried to draw up a plan on this property to eliminate a variance but due to the large detention area there will be a corner in the setback no matter what. There will be no bearing on traffic flow due to the fact it is located in a cul-de-sac. WITNESSES IN FAVOR None. WITNESSES OPPOSED None. DISCUSSION Planning Commission Representative, Ginger Duhon, stated that she drove over to this property and didn’t foresee any traffic or parking issues. Interim Chairman Amos stated that due to the large detention area in the back of the lot he feels there is a legitimate hardship. 12.09.2015 Page 2 of 3 kf HEARING CLOSED With no further testimony to be taken, Interim Chairman Amos, closed the public hearing at 6:45 p.m. with a request for action on the petition. MOTION Board Member John Dunn made a motion to approve Variance / VAR-11-15- PUBLIC HEARING 5083 / “Lot 43, Old Mill Park Annex 3rd Plat.” AGENDA ITEM 2 VARIANCE / VAR-11-15- 5083 / “Lot 43, Old Mill Park Annex 3rd Plat” / 215/217 NW 27th Street Court SECOND Planning Commission Representative Ginger Duhon. VOTE Ginger Duhon – Aye Frederick Manning - Aye Ron Amos, Interim Chairman - Aye John Dunn - Aye (APPROVED 4-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, January 13, 2015. MEETING ADJOURNED With no further items to come before the Board, a motion was made by Board Member John Dunn, and seconded by Board Member Ginger Duhon 6:45 p.m. Motion carried Unanimously. _______________________________ Karen Findora, Recording Secretary ________________________ ______________________ Ron Amos, Interim Chairman Date 12.09.2015 Page 3 of 3 kf  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: March 9, 2016 Agenda Item: 2 Case File Number: VAR-02-16-5195 Project Name: 2155 NE Porter Road Type of Application: Non-Use Variance Request: Construct an accessory detached garage in the front yard area of a single-family residence in the RE (Residential Estate) zoning district. Applicant: Terry Stark Sr. Property Owner: Terry Stark Sr. Location (Address): 2155 NE Porter Road Location Description: Located on the east side of NE Porter Road south of NE Roanoke Drive and North of NE Duncan Road Area: 1.55 acres +/- Lots: 1 Existing Zoning: “RE” – Residential Estate Existing Land Use: Single Family Residential Comprehensive Plan Detached Housing Designation: Attachments:  Site location/zoning map  Topography shown with 2-foot contours  Site Plan  Variance Application  Public Notice Ad  Letter of Uniqueness from Applicant Meeting Date: March 9, 2016 Planner: James Holley, Asst. Dir. of Community Development Reviewed By: Scott Allen, Community Development Director Page 1 of 5  Project: 2155 NE Porter Road Plan Case Number: VAR-02-16-5195 Figure 1. Vicinity Map / General Location Map Page 2 of 5  Project: 2155 NE Porter Road Plan Case Number: VAR-02-16-5195 Figure 2. Project Site (Aerial Photo) Page 3 of 5  Project: 2155 NE Porter Road Plan Case Number: VAR-02-16-5195 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting a Variance to Section 405.060.C, Accessory Use Development and Operational Standards, subsection 1, Front Yard and Street Side Yard Setback, allowing a detached garage to be placed forward of the front of the home within the front yard area. The applicant is proposing to construct the garage near the north side property boundary, forward of the front façade of the home. The subject property consists of approximately 1.5 acres located on the east side of NE Porter Road between NE Roanoke Drive and NE Duncan Road. The terrain of this property slopes somewhat steeply from west to east. (See attached 2-foot contour map and aerial photo) The property is approximately 199 feet wide and 337 feet deep with the principal structure setting back approximately 103 feet from the street right of way (NE Porter Road). The nearest home to the north of the subject property is approximately 91 feet from the side property line. Section 404.060, Residential Estate District, subsection D, Performance and Design Standards, states that an “off-street parking area greater than 4 spaces shall be located at least 25-feet from the street frontage, and at least 10-feet from any lesser-intense zoning district.” The applicant is proposing to place parking and garage no closer than 71 feet from the street right of way line and 5-feet from the north property boundary. The zoning for the property to the north is “AG” (County Agriculture) which is, in this case, of the same intensity as the Residential Estate zoning. 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 terrain of the property slopes significantly from west to east providing a practical difficulty for construction of any structure that needs to provide vehicular access on the eastern two-thirds of the property. This limits the area for construction of such structures to the western one third of the property which in this case happens to be forward of the front of the existing home. 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 in that these estate lots are very large (1 acre more or less) and have large setbacks between structures limiting the visual impact of one structure within the 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: The strict application of the zoning regulations create a practical difficulty for the applicant. As noted above construction of any structure that needs to Page 4 of 5  Project: 2155 NE Porter Road Plan Case Number: VAR-02-16-5195 provide vehicular access would be difficult to accomplish on the eastern two-thirds of the property. This limits the area for construction of such structures to the western one third of the property which in this case happens to be forward of the front of the existing home. 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. 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 residents from protecting personal property such as vehicles, nor from removing the visual impact of outdoor storage. 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 5 of 5  SF-12 General Zoning Downtown NE Tara Cir Jackson Cou NE Gyr Falcon Dr District Zoning District NE est ra RE CS K t C SF-12 T3 l NE Kestral Dr SF-7 T4 NE Prairie Falcon Dr NE TF T5 SF-7 Hunters NE Glen Dr MF-10 Ct N G E MF-14 N Qu E W ai NE SF-12 Ct osh aw SF-7 MF-20 NB Ct alk l k NE Falcon Wood Dr Tara SO Ct NE NE GB Peregrin Peregrin CB Dr Cir NE RE RC LI Glenfield HI Ct AG COUNTY RE-C NE Roanoke Dr GB-C HI-C NE nset C RE NE Glen Ct Greenwich t NE Qu N Ct E o NE Craigievar Dr SF-12 O ve NE Dr nd ok rl a Merchison ro SF-7 RE rb D te NE Wa e NE cker Ln Ov NE Tu B ay C NE Craigievar Ct NE Ct t AG SF-7/ rfield P NE Merchison Ct N St E NE PR-O NE Overland Dr Ct eph l NE Newport Ct NE Maybrook Dr an i e Scarborough SITE SF-7 SF-7/ SF-7 NE NE Porter Rd NE 23rd St Ct Summ erfield NE Of Ln PR-O fs NE Summerfield Dr ho NE Scarborough Dr NE wka NE re NE Janessa Dr Mr o Ct NE Livitha Pl Avanti Ct y RE Ct Pk w NE Co NE Avanti Dr ai ry lo n NE na SF-7 sD Ae d eA MF dam Ct gea n ve NE Wyndham Pl NE Wyndham e ld -14 NE NE Sparta Dr Vil la A g eD r SF-7 NE RE Volos NE Summ erfield Ct NE 24th S Ct RE t SF-7/ NE ADP-O RE/ NE 23rd St Village Ct ADP-O MF-14/ SF-7/ NE Wien Ave SO/ R-O PR-O ADP-O GB/ CB/ TF/ AG R-O R-O ADP-O VAR-02-16-5195 2155 NE PORTER RD SITE LOCATION MAP 0 300 ± 600 1,200 Feet  G E Ct osh NE Prairie NE aw k NE Falcon Wood Dr Tara Ct NE NE Peregrin Peregrin Dr Cir NE Glenfield Ct NE Roanoke Dr NE Glen Ct NE Porter Rd NE Craigievar Dr NE Dr k Merchison oo r br Ln ve O NE Craigievar Ct NE NE Merchison Ct NE Overland D NE Scarborough SITE NE Ct Summerfield Ln fs NE Summerfield Dr ho NE Scarborough Dr NE r e Ct NE Livitha Pl Avanti Ct y P kw NE Co Da lon i ry NE na Ae d eA am Ct gea ve s Ad n NE Wyndham Pl NE Sparta Dr NE NE Volos NE Summerfield Ct NE Duncan Rd VAR-02-16-5195 2155 NE PORTER RD SITE LOCATION AERIAL MAP 0 250 ± 500 1,000 Feet  PUBLIC NOTICE Variance VAR-02-16-5195 “2155 NE Porter Road” Notice is hereby given that a public hearing will be held by the Board of Adjustment of the City of Blue Springs on Wednesday, March 9, 2016 at 6:30 p.m. in the Howard L. Brown Public Safety Building located at 1100 SW Smith Street for the purpose of hearing parties in interest and citizens on a request by Terry Stark Sr. for a Variance to Section 405.060.C, Accessory Use Development and Operational Standards, subsection 1, Front Yard and Street Side Yard Setback, allowing a detached garage to be placed forward of the front of the home within the front yard area. 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 1, Simpson Estates – 1st Plat, A subdivision in Blue Springs, Jackson County, Missouri, According to the recorded plat thereof. CITY OF BLUE SPRINGS Board of Adjustment By: Karen Findora, Recording Secretary PUBLISH: Saturday, February 20, 2016 E-MAIL TO THE EXAMINER: Attn. Kathy Jones, kathy.jones@examiner.net 2/18/2016 Page 1 of 1  NE Prairie Falcon NE Glen Dr N G E Ct osh NE aw k NE Falcon Wood Dr Tara Ct NE NE Peregrin Peregrin Dr Cir NE Glenfield Ct NE Roanoke Dr 36-240-08-72-00-0-00-000 36-240-08-71-00-0-00-000 NE Glen Ct 36-240-08-70-00-0-00-000 36-240-08-68-00-0-00-000 36-240-08-69-00-0-00-000 36-240-08-67-00-0-00-000 36-240-08-73-00-0-00-000 36-240-08-66-00-0-00-000 te NE Wa 36-240-08-86-00-0-00-000 36-130-98-01-01-1-00-000 36-240-08-65-00-0-00-000 l rfield P 36-240-08-50-00-0-00-000 36-240-08-51-00-0-00-000 NE Overland D 36-240-08-47-00-0-00-000 36-240-08-64-00-0-00-000 36-240-08-52-00-0-00-000 NE Summerfield Ln 36-240-08-53-00-0-00-000 36-240-08-63-00-0-00-000 36-240-08-60-00-0-00-000 NE 36-240-08-62-00-0-00-000 y Livitha Pkw 36-240-08-61-00-0-00-000 Pl NE 36-130-16-24-00-0-00-000 NE Spa airy Co rta D NE Avanti NE Porter Rd r sD lo nn ad NE eA ve Ada NE Wyndham Pl m NE Volos Ct NE Duncan Rd VAR-02-16-5195 ± 2155 NE PORTER RD 185' NOTIFICATION MAP 0 220 440 880 Feet