Board of Adjustment

Board of Adjustment Agenda Wednesday October 12, 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 Members are appointed by the Mayor with approval by the City Council The Board of Adjustment consists of 5 citizens plus 2 alternate members, 1 liaison from the Planning Commission, and 1 Planning Commission alt. liaison Regular Members Are: 1. DeWayne Duhon, Chairman 2. Laurie Hatfield, Vice Chairman 3. Evelyn Ericson 4. Frederick Manning 5. Brian Ross Alternate Members Are:  Ron Amos, Alt. Member 1  William Washington III, Alt. Member 2 Planning Commission Liaisons Are:  Ginger Duhon, Planning Commission Liaison  Travis Graham, Alt. Planning Commission Liaison  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, October 12, 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, March 9, 2016 2. PUBLIC HEARING – VARIANCE – VAR-09-16-5497 – “Coronado Place Lot 1” / 605-651 NE Coronado Place Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in The Examiner, September 24, 2016 3. Application with attachments 4. Letter of Uniqueness dated, September 15, 2016 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) 9. Ordinance Number 4067 10. PUD Concept Plan for Coronado Plaza 11. Final Plat for Coronado Place 12. E-mail dated September 12, 2016 from Steve Holloway, MoDOT 3. PUBLIC OFFICIALS LIABILITY TRAINING – Presented by Nancy Yendes, City Attorney 4. OTHER BUSINESS – The next scheduled meeting is Wednesday, November 9, 2016. 5. ADJOURN If special accommodations are required for citizen participation Please call 228-0207 (voice) or 228-0250 (TDD) BA – 10.12.2016 kf  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, March 9, 2016 A meeting of the Board of Adjustment of the City of Blue Springs was held in the Howard L. Brown Public Safety Building located at 1100 SW Smith Street on Wednesday, March 9, 2016 with the following members and guests in attendance. MEMBERS Laurie Hatfield Brian Ross PRESENT DeWayne Duhon, Chairman John Dunn STAFF / OTHERS Scott Allen, Community Development Director Jim Holley, Community Development Assistant Director Ben McCabe, City Engineer Nancy Yendes, City Attorney Karen Findora, Recording Secretary Jim Leacock, Public Stenographer ABSENT Board Member Frederick Manning CALL TO ORDER DeWayne Duhon, Chairman, called the meeting to order at 6:37 p.m. with a request APPROVAL OF that everyone stand for the Pledge of Allegiance. With a motion by Board Member MINUTES Laurie Hatfield, a second from Board Member John Dunn, and a unanimous vote, the Minutes of December 9, 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. Chairman Duhon asked the applicant that since there were only four (4) members present would they like to proceed. The applicant stated that they would like to proceed. 03.09.2016 Page 1 of 3 kf PUBLIC HEARING Chairman Duhon, opened the public hearing at 6:37 p.m. with a request for exhibits AGENDA ITEM 2 from the City Attorney. Ms. Nancy Yendes entered Exhibits 1 thru 9 into the public VARIANCE / VAR- record on behalf of the applicant. 02-16-5195 / “2155 NE Porter Road” 1) Staff Report with attachments 2) Topography shown with 2-foot contours 3) Affidavit of Publication in The 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) STAFF COMMENTS Jim Holley, Assistant Director, Community Development, stated that the applicant is requesting to construct an accessory detached garage in the front yard area of a single-family residence in the “RE” (Residential Estate) zoning district. The property is located at 2155 NE Porter Road and consist of 1.5 acres. Mr. Holley stated that the topography makes this a unique request along with a significant amount of trees in the back of this lot. The lots are large so it shouldn’t affect the nearby neighbors. QUESTIONS Chairman Duhon asked if the lots towards the back of this particular property have a different zoning. Mr. Holley stated they are zoned “SF-7” (Single Family). For the RE zoning the lots are one (1) acre in size. APPLICANT Terry Stark 2155 NE Porter Road Blue Springs, MO Mr. Stark stated that due to the elevation and the creek in back it leaves no room for the detached garage he is wanting to construct. QUESTIONS Board Member John Dunn asked if the existing home has a garage. Mr. Stark stated that it has a two car garage. He would like to build a 30 X 50 garage. Not a pole barn. Member Dunn asked if there was an HOA. Mr. Stark stated there is not. WITNESSES IN Charles Miller FAVOR 2195 NE Porter Road Blue Springs, MO Mr. Miller stated that he lives directly north of this property and he doesn’t have any issues with the construction of the barn. 03.09.2016 Page 2 of 3 kf WITNESSES None. OPPOSED HEARING CLOSED With no further testimony to be taken, Chairman Duhon, closed the public hearing at 6:47 p.m. with a request for action on the petition. MOTION Board Member John Dunn made a motion to approve Variance / VAR-02-16-5195 / PUBLIC HEARING “2155 NE Porter Road.” AGENDA ITEM 2 VARIANCE / VAR- 02-16-5195 / “2155 NE Porter Road” SECOND Board Member Laurie Hatfield. VOTE Laurie Hatfield – Aye Frederick Manning - Absent Brian Ross – Aye John Dunn - Aye DeWayne Duhon, Chairman – Aye (APPROVED 4-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, April 13, 2016. MEETING With no further items to come before the Board, a motion was made by Board ADJOURNED Member John Dunn, and seconded by Board Member Brian Ross, to adjourn at 6:49 p.m. Motion carried Unanimously. _______________________________ Karen Findora, Recording Secretary ________________________ ______________________ DeWayne Duhon, Chairman Date 03.09.2016 Page 3 of 3 kf  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: October 12, 2016 Agenda Item: 2 Case File Number: VAR-09-16-5497 Coronado Place Lot 1 Project Name: 605-651 NW Coronado Drive Type of Application: Non-Use Variance Request: Approve a variance that will allow a drive aisle to encroach into the 10-foot building and parking lot setback area resulting in a 5-foot setback in the northeast corner of the northern required setback along the I-70 right-of-way. Applicant: Joseph G. Lampen / Lampen Engineering, Inc. Property Owner: Lucky Dog Holdings L.L.C. Location (Address): 605-651 NE Coronado Drive Location Description: North side of NE Coronado Drive, east of NE Adams Dairy Road. Area: 1.93+\- acres Lots: 1 Existing Zoning: “GB/R-O” (General Business / Restricted Overlay) Existing Land Use: Commercial Retail/Services Comprehensive Plan Distinct Destination Designation: Attachments:  Site location/zoning and aerial map  Site Plan  Ordinance Number 4067  PUD Concept Plan for Coronado Plaza  Final Plat of Coronado Place  Variance Application  Public Notice Ad  Letter of Uniqueness from Applicant Meeting Date: October 12, 2016 Planner: James Holley, Asst. Dir. of Community Development Page 1 of 3  Project: Coronado Place Plan Case Number: VAR-09-16-5497 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting a Variance to Section 404-180, Restricted Overlay with reference to Ordinance Number 4067 (attached), “An Ordinance Rezoning Property from General Business/Adams Dairy Parkway Overlay District (GB/ADP-O) to General Business/Restricted Overlay District (GB/R-O).” Section 2E, Property Development Standards of Ordinance Number 4067, subsection 3b, Exterior Setbacks, requires that “An exterior setback and landscape buffer, as the same are defined in the Unified Development Code (UDC), of at least fifteen (15) feet on lots adjoining NE Coronado Drive and of at least ten (10) feet on lots adjoining Adams Dairy Road and/or Interstate 70 shall be provided.” When the development was originally constructed in 2007-2008 the 10-foot setback along I-70 was provided per the UDC. Panera Bread leased the westernmost tenant space of the multi-tenant building that was constructed on Lot 1. At the time of development, Panera Bread, a fast-casual sit down restaurant, did not provide any kind of drive-thru service. Like most others in the fast-casual sit down restaurant business Panera Bread has modified their business model to include drive-up pick up service and now are considering a drive-thru service. Because of existing site constraints that include the building, parking and landscaping locations Panera has very limited options in where they can expand to offer drive-thru service. The most logical way to expand is on the north side (rear) of the building with the drive-thru lane located along the north (rear) drive aisle. The north (rear) drive aisle is intended to provide cross access to the Coronado Place PUD development, Lots 1-9 (see attached PUD Concept Plan and Final Plat of Coronado Place). In order to continue to provide uninterrupted cross access and accommodate the drive-thru facility for Panera Bread the property owner is proposing to add an additional drive aisle along the back of the building located on Lot 1 (eastern lot with Adams Dairy Bank and Panera Bread). Lot 1 is oddly shaped in that it becomes narrow as you move west to east on the lot. That combined with the Adams Dairy Bank drive-thru facilities makes it impossible to safely add the additional drive aisle without encroaching into a small portion of the northeast section of the 10-foot exterior setback and landscape easement. The area of encroachment is 285 sq. ft. or 2% of the total setback/landscape easement area. The applicant is requesting this variance in order to maintain an uninterrupted cross access along the north boundary and add a single drive thru lane for Panera Bread. 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: As noted above the lot is irregularly shaped being up to 25-feet narrower on the east side of the lot than the west. That combined with the existing building has resulted in a constricted “buildable” area between the back of the building and the setback/landscape buffer area. In addition the setback/landscape buffer is adjacent to I-70, a MoDOT right-of-way that offers a minimum of 115 feet +/- of landscaped area between the roadway paving and Page 2 of 3  Project: Coronado Place Plan Case Number: VAR-09-16-5497 north property line of the subject property. In addition, this area provides a slope with the high point adjacent to the subject property, sloping downward to the roadway. This provides an additional visual buffer. Though this large landscape area is not located on the subject property it does provide an adequate buffer between the I-70 travel lanes and the buildings/drive aisle located on the property. 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 adversely affect adjacent properties in that the area of the variance is far removed from adjacent properties and public improvements, and the applicant intends to maintain cross access as was originally approved and currently provided. 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 the applicant does not have adequate room to safely provide the drive-thru lane, which is a permitted use, and maintain an uninterrupted cross access lane without this minor encroachment into the required setback/landscape easement area. 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 City’s setback and landscape buffer requirements were not intended to stifle future uses, development, and/or building additions but rather to provide separation between adjacent uses and to soften adverse impacts of visual blight. In this case the adjacent use is for a major transportation corridor (I-70), and between the terrain and landscaping provided along this corridor adequate setbacks and landscape buffers remain to accomplish the UDC’s purpose. 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 3 of 3  NE Adams Dai NE 8th St NE Sala Ln S General Zoning Downtown wy SF-7 NE District Zoning District Pk NE unn w Sunvie RE CS NE Sunview Dr yC Cir SF-7 SF-12 T3 air y k SF-7 sD T4 ree TF T5 St NE MF-10 am Ln NE Country Club Dr 9th EnnisMF-14 Concept Plans r Ad NE t Te St MF-20 PUD NE NE Crestview Dr PD Dr tree NB p illt o SO NE H NE NE GB 9th CB NE Greenway S NE 10th St RC Loc ust Dr NE Locust Dr Ct NE Locust Dr LI HI MF-14/ COUNTY RE-C R-O TF GB-C NE 1st t HI-C NE 2nd Ln Street Ter d RE/ S NE Ce an da r Ct gh NE Hi l MF-14 RC/R-O ADP-O MF-20 GB GB/ § ¦ ¨ 70 R-O NE Mock Ave NE Coronado Dr GB/ GB/ R-O NE Sunnyside Ln NE Hearnes Ave ADP-O SITE GB/ GB/R-O NE Sunnyside School Rd SF-7 ado D r NE 3rd St ADP-O C or on GB/ NE MF-14/ GB/ TF ADP-O ADP-O ADP-O MF-14 GB/R-O RE/ ADP-O MF-14 NE 3rd St d NE okwo o SO/ NE Adams Dairy Pkwy NE Napoleon Dr Bro Ct ADP-O NE 2nd St NE 5th St NE Knox Pl SO/ADP-O NE Sunnybrook Dr SF-7 NE GB/ Brookwood Cir ADP-O AG VAR-09-16-5497 CORONADO PLACE LOT 1 605-651 NW CORONADO DR SITE LOCATION MAP 0 300 ± 600 1,200 Feet  NE Adams Dai NE 8th St NE Sala Ln S Da NE iry NE Pk unn Sunvie w NE Sunview Dr wy yC Cir ms k ree NE St NE Ad Ln NE Country Club Dr 9th Ennis a r NE t Te St NE Crestview Dr r tree pD lt o H il NE NE NE 9th NE Greenway S NE 10th St Loc ust Dr NE Locust Dr Ct NE Locust Dr NE 1st t NE 2nd Ln d Street Ter S NE Ce an da r Ct gh l Hi NE § ¦ ¨ 70 NE Mock Ave NE Coronado Dr NE Sunnyside Ln NE Hearnes Ave SITE NE Sunnyside School Rd D r ado NE 3rd St on C or NE NE Napoleon Dr NE Adams Dairy Pkwy NE 3rd St o d NE okwo NE RD Mize Rd Bro Ct NE 2nd St NE 5th St NE Knox Pl NE Sunnybrook Dr NE Brookwood Cir VAR-09-16-5497 ± CORONADO PLACE LOT 1 605-651 NW CORONADO DR SITE LOCATION AERIAL MAP 0 300 600 1,200 Feet  PUBLIC NOTICE Variance VAR-09-16-5497 “Coronado Place Lot 1” 605-651 NW Coronado Drive 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 12, 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 Lucky Dog Holdings, LLC, Owner, to approve a variance that will allow a drive aisle to encroach into the 10-foot building and parking lot setback resulting in a 5-foot setback in the northeast corner of the northern required setback along the I-70 right-of-way. 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, CORONADO PLACE P.U.D., 1ST PLAT, a subdivision in the City of Blue Springs, Jackson County. Missouri, Together with the West Half of a l l that part of vacated Adams Dairy Road, vacated by Ordinance No. 4157, recorded as Document No. 2008E0061129 and by Ordinance NO. 4198, recorded as Document No. 2008E0109024. Also Described as: All of Lot 1, Coronado Place P.U.D., 1st Plat and all of the West half of vacated Adams Dairy Road as recorded in Documents 2008E 0061129 and 2008E 0109024, subdivision and land all lying in the Southwest Quarter of Section 29, Township 49 North, Range 30 West, in the City of Blue Springs, Jackson County, Missouri, described as follows: BEGINNING at the Southwest corner of Lot 1, Coronado Place P.U.D., 1st Plat; thence North 2 degrees 45 minutes 07 seconds East along the West line of said Lot 1 a distance of 293.99 feet to the Northwest corner thereof, said point also lying on the South right of way line of Interstate Highway 70; thence South 74 degrees 56 minutes 55 seconds East along the South right of way line of Interstate Highway 70 a distance of 308.63 feet to a point, said point lying on the West line of vacated Adams Dairy Road as recorded in Documents 2008E 0061129 and 2008E 0109024; thence South 88 degrees 35 minutes 05 seconds East along the South right of way line of Interstate Highway 70 a distance of 24.99 feet to a point on the centerline of said vacated Adams Dairy Road; thence South 1 degree 47 minutes 04 seconds West along the centerline of said vacated Adams Dairy Road a distance of 286.43 feet to a point on the Northerly right of way line of NE Coronado Drive; thence in a Northwesterly direction along the Northerly right of way Page 1 of 2 line of NE Coronado Drive and along a curve to the left whose initial tangent bears North 73 degrees 28 minutes 54 seconds West, having a radius of 1667.02 feet, through a central angle of 0 degrees 53 minutes 11 seconds, an arc distance of 25.79 feet to a point on the West line of said vacated Adams Dairy Road; thence North 1 degree 47 minutes 04 seconds East along the West line of said vacated Adams Dairy Road a distance of 11.07 feet to the Southeast corner of said Lot 1; thence in a Northwesterly direction along the Southerly line of said Lot 1 and along a curve to the left whose initial tangent bears North 74 degrees 25 minutes 24 seconds West, having a radius of 1678.02 feet, through a central angle of 10 degrees 33 minutes 27 seconds, an arc distance of 309.20 feet to the POINT OF BEGINNING and containing 90,982 Square Feet or 2.089 Acres, more or less. CITY OF BLUE SPRINGS Board of Adjustment By: Karen Findora, Recording Secretary PUBLISH: Saturday, September 24, 2016 E-MAIL TO THE EXAMINER: Attn. Kathy Jones, kathy.jones@examiner.net 9/21/2016 Page 2 of 2  C m nny da k NE NE Adams Dairy Rd ree NE 10th St A Ln NE Locu NE Locust Dr Ct st NE Locust Dr Ln Hi Cedar gh Ct lan d NE 36-500-03-45-00-0-00-000 36-500-03-46-00-0-00-000 § ¨ ¦ 70 36-500-03-63-00-0-00-000 36-500-03-62-00-0-00-000 NE Mock Ave NE Coronado Dr NE Sunnyside School Rd NE Sunnyside Ln y Pkw r 36-500-03-38-00-0-00-000 ad oD 36-500-03-37-00-0-00-000 C o r on 36-500-03-54-00-0-00-000 airy NE sD dam NE A NE RD Mize Rd NE 5th St NE Napoleon Dr NE RD Mize Rd NE Knox Pl NE Sunnybrook Dr VAR-09-16-5497 CORONADO PLACE LOT 1 605-651 NW CORONADO DR 185' NOTIFICATION MAP 0 250 ± 500 1,000 Feet