Board of Adjustment

Board of Adjustment Agenda Wednesday April 12, 2017 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, April 12, 2017 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 8, 2017 2. PUBLIC HEARING – VARIANCE – VAR-03-17-5736 – “201 NW 15th Street” Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in The Examiner, March 25, 2017 3. Application with attachments 4. Letter of Uniqueness dated, March 14, 2017 5. 185 Ft. Notification Map 6. Names/addresses of property owner’s w/n 185 ft. of site 7. Copy of letter sent to said property owners 8. Unified Development Code “UDC” (By Reference) 3. OTHER BUSINESS – The next scheduled meeting is Wednesday, May 10, 2017 4. ADJOURN If special accommodations are required for citizen participation Please call 228-0207 (voice) or 228-0250 (TDD) BA – 04.12.2017  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, March 8, 2017 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 8, 2017 with the following members and guests in attendance. MEMBERS William Washington III Brian Ross PRESENT Frederick Manning Evelyn Ericson DeWayne Duhon, Chairman Laurie Hatfield STAFF / OTHERS Jim Holley, Community Development Assistant Director Tom Degenhardt, City Engineer Jackie Sommer, City Attorney Karen Findora, Recording Secretary Jim Leacock, Public Stenographer CALL TO ORDER DeWayne Duhon, Chairman, called the meeting to order at 6:33 p.m. with a request that APPROVAL OF everyone stand for the Pledge of Allegiance. With a motion by Board Member Evelyn MINUTES Ericson, a second from Board Member William Washington III, and a unanimous vote, the Minutes of February 8, 2017, 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. PUBLIC HEARING Chairman Duhon, opened the public hearing at 6:35 p.m. with a request for exhibits from AGENDA ITEM 2 the City Attorney. Ms. Jackie Sommer entered Exhibits 1 thru 8 into the public record on VARIANCE / VAR- behalf of the applicant. 02-17-5684/ “1390 Exhibits: SW Liggett Road” 1. Staff Report with attachments 2. Affidavit of Publication in The Examiner, February 18, 2017 03.08.2017 KF Page 1 of 5  3. Application with attachments 4. Two letter of Uniqueness dated, February 10, 2017 5. 185 Ft. Notification Map 6. Names/addresses of property owner’s w/n 185 ft. of site 7. Copy of letter sent to said property owners 8. Unified Development Code “UDC” (By Reference) STAFF COMMENTS Jim Holley, Assistant Director, Community Development, stated that before the Board is a Variance to Section 405.020, Residential Building Type Standards, requesting 14.99- feet of street frontage in lieu of 150-feet required. The subject property is an existing flag lot in the “RE” (Residential Estates) zoning district and consist of 1.72 +\- acres. The owner of the property would like to construct a home and because the lot has never been platted the City code requires that the owners do that before a single-family home can be constructed. The applicant must acquire a variance to the street frontage width because the pole of the driveway is all that touches Liggett Road, and that is the only street frontage the property has. QUESTIONS Board Member Evelyn Ericson questioned how emergency vehicles get to the lot. Mr. Holley stated that it is not a requirement of the UDC that the access be provided for emergency vehicles. With the 14-foot access, most emergency vehicles should be able to get to the lot. Board Member Ericson asked if the owner is required to have a circular driveway or a turn around area for emergency vehicles. Mr. Holley stated that would be determined in the platting process. Because there is a lot to the south of this lot the owner will be required to provide an easement for access to the lot to the south. The owner will need to provide a turnaround for emergency vehicles. Chairman Duhon asked if the lot to the south is owned by the City. Mr. Holley stated that one of the two lots to the south is owned by the City. APPLICANT Steven Putnam 928 NW Oak Ridge Circle Blue Springs, MO Mr. Putnam stated that he has owned the land for five years and when they acquired the land it was classified as a buildable lot. Since the UDC was changed in 2015 this made the lot not allowable to build on the land. Mr. Putnam is hoping to receive the Variance and be grandfathered in. QUESTIONS None. WITNESSES IN None. FAVOR 03.08.2017 KF Page 2 of 5 WITNESSES Robert Lappine OPPOSED 1212 Liggett Court Blue Springs, MO Mr. Lappines property is located on the east side and abuts the driveway. Mr. Lappine is concerned with erosion problems due to the slight slope of the land. Chairman Duhon asked Mr. Holley if something like this goes through the planning process are we to make sure they have adequate drainage. Mr. Holley stated that because the applicant is proposing to build a single-family home, the only process they will go through is the platting process. Through the building permit process there are some key things that the plan reviewer will look, for example, a paved driveway. There is not a lot of space to work with. Board Member William Washington III asked if there was a drainage ditch nearby. Mr. Holley stated that there was a drainage ditch that runs along Liggett Road, but he was unaware if the applicant could direct the water back to the drainage ditch. Board Member Ericson asked if there were any requirements on curb and gutters for the driveway. Mr. Holley stated that there is no requirement but it’s a good idea. Sam Shade 1209 SW Liggett Court Blue Springs, MO Mr. Shade was not opposed of the development. He stated that 150 ft. property line is required, which the applicant has 14.99 ft. of property line. He wanted to make sure that the property lines were not changing. Chairman Duhon stated that it will not change any of the property lines. Mr. Shade stated that he got his property surveyed before he put up a privacy fence, and his fence is about 1 foot inside of the property line. Mr. Shade asked if he should be worried about his fence when the applicant installs the driveway. Chairman Duhon stated that the applicant can’t encroach on Mr. Shades property at all. Greg Chancellor 1500 SW Liggett Blue Springs, MO Mr. Chancellor asked since access will be granted to the property to the south (New Cherry, LLC) how much traffic will it generate. Chairman Duhon stated that, that is not an issue before the board at this time. Mr. Holley stated that with the platting of this property the owner will be required to provide an easement that runs down to the property to the south. The question about how much traffic will this generate can’t be answered. If they build one single family house the traffic will be limited. If they try and do something else, they must rezone the property at which time everyone within 185 ft. of the property will get noticed. There is no plan for that. Betty Boan 1400 Liggett Blue Springs, MO Ms. Boan stated that she owns the property that the driveway will run up along. She questioned if the applicant would have to have an easement for the driveway. Mr. Holley stated that the owner can pave the entire driveway and yes the driveway will run right along Ms. Boans property line. Mr. Holley stated that the City allows driveways to be as wide as 30 ft. 03.08.2017 KF Page 3 of 5 QUESTIONS Board Member Ericson said that Mr. Putnum stated that in 2015 this would not have been an issue. Mr. Putnum stated that he acquired the property in 2012 and had all the utilities located and they came up to the City and was told that he would need to apply for a building permit and he would be good to go. Then in 2015 the Code changed, and because the property is zoned Residential Estate there is an added requirement stating that is must have 150 ft. of road frontage. Therefore Mr. Putnum is requesting a variance. Mr. Holley stated that there was a width requirement for lots prior to our new UDC, but what has changed is now the width requirement is tied to frontage where that wasn’t always the case, it was simply a lot width requirement which he could have met if it weren’t for lot frontage. Board Member Frederick Manning asked why the Code changed. Mr. Holley stated that the City went from a more Euclidian code to a Form Based code. The Form Based code requires that lot width be tied to street frontage. Chairman Duhon asked if the property were zoned “SF-7” Single Family would there be the same requirement. Mr. Holley stated that you still wouldn’t be able to meet it but it would be less. The frontage for SF-7 which is a 7,200-sq. ft. lot the frontage would be 65 ft., which is quite a bit less. Board Member Brian Ross asked the question, if this request is denied what is the alternative for the applicant. Chairman Duhon stated that there are none. Board Member Laurie Hatfield asked how a land lot property was sold with access. Mr. Holley stated that prior to the 2015 UDC, it required a lot width, but it didn’t require frontage on the street. This is a unique lot and the process of creating lots like this is not as unique because if you base it on the city code, prior to these lots ever having been created, there should have been a plat and it’s through that platting process where the City looks at how lots are accessed. These lots where created through a metes and bounds legal description, filed with the County and the County accepts them. We then have a lot that they can sell even though it has never been platted. Whether that was done before they annexed into the City or afterward, it does happen in the City and it creates problems. Chairman Duhon questioned the access to the New Cherry, LLC, property to the south. Mr. Holley stated that with the platting process the owner will be required to provide an access easement that runs to the New Cherry property. If the New Cherry property is ever developed they will be required to install an access down to the City Landbank property. The access for those three properties will be Liggett Road. With no further testimony to be taken, Chairman Duhon closed the public hearing at 7:05 HEARING CLOSED p.m. with a request for action on the petition. MOTION Board Member Evelyn Ericson made a motion to approve Variance / VAR-02-17-5684 PUBLIC HEARING / “1390 SW Liggett Road.” AGENDA ITEM 2 03.08.2017 KF Page 4 of 5 VARIANCE / VAR- 02-17-5684/ “1390 SW Liggett Road” SECOND Board Member William Washington III. VOTE Laurie Hatfield – Aye Frederick Manning - Aye Brian Ross – Aye William Washington III - Aye DeWayne Duhon, Chairman - Aye Evelyn Ericson – Aye (APPROVED 6-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, April 12, 2017 ADJOURN With no further items to come before the Board, a motion was made by Board Member Laurie Hatfield, and seconded by Board Member Brian Ross, to adjourn at 7:10 p.m. Motion carried Unanimously. _____________________________ Karen Findora, Recording Secretary DeWayne Duhon, Chairman Date 03.08.2017 KF Page 5 of 5  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: April 12, 2017 Agenda Item: 2 Case File Number: VAR-03-17-5736 Project Name: 201 NW 15th Street Type of Application: Non-Use Variance Request: Approval of a Variance to Section 404.440.A.2.h and 404.440.H to allow the garages for 2 proposed homes to front to the street right-of-way. Applicant: RC McAtee Construction / Chad McAtee Property Owner: RC McAtee Construction / Chad McAtee Engineer: N/A Architect: N/A Sign Designer: N/A Location (Address): 201 NW 15th Street General Location: Northwest corner of NW 15th Street and NW Summit Street Area: 0.31 acres Lots: 2 Existing (3 proposed) Number of Homes: 1 Existing (2 additional proposed) Existing Zoning: “T3” (Sub-Urban) Existing Land Use: Residential Proposed Land Use: Residential Comprehensive Plan Designation: Distinct Destination Attachments: Site Location Map and Aerial Photo Variance Application Planner: James Holley, Asst. Dir. of Community Development Page 1 of 3  Project: 201 NW 15th Street Plan Case Number: VAR-03-17-5736 BACKGROUND INFORMATION/SUMMARY: The applicant is proposing to subdivide the property into three lots, 1 lot for the existing home and 2 lots for the construction of two additional homes. Section 404.440.A.2.h and 404.440.H states that “Parking lots and garages shall not front to the street.” The assumption is that this code provision assumes an alley access, or an interior lot with a detached garage in the rear of the property. In this case, there is no alley access and the lots do not lend themselves well for a detached garage. Therefore, the applicant is requesting variance approval through the Board of Adjustment to allow each of the two new homes to have a garage that “fronts to the street,” one will front to NW 15th Street and the other will front to NW Summit Street. PREVIOUS ACTIONS/APPROVALS:  On March 26, 2007, the Planning Commission recommended approval of a rezoning from “SF-7” (Single-family district) to “T3” (Sub-Urban) as part of the rezoning for the Downtown Zoning District. The City Council approved the rezoning on April 2, 2007. FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: The applicant has applied for a Preliminary Plat and a Final Plat, which will be submitted to the Planning Commission and City Council (Final Plat only) after a determination has been made by the Board of Adjustment on the variance. The Historic Preservation Commission and Downtown Review Board will review each home prior to building permit issuance. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: “T3” (Sub-Urban) Single Family South: Right-of-Way “NW Summit Street” (Local) East: Right-of-Way “NW 15th Street” (Major Collector) West: “T3” (Sub-Urban) Single Family DOWNTOWN DEVELOPMENT CODE: Section 404.440.A.2.h and 404.440.H states that “Parking lots and garages shall not front to the street.” The applicant is proposing to provide attached garages to each of the new homes (two) that will front to the street right of ways. The applicant has set the garages back from the front face of the house approximately 5-feet to reduce the presence of the garage to the street. The Board of Adjustment shall consider the following when making a decision on this variance: 1. 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 the rights of adjacent property owners or residents in that the attached garages for the new home are not Page 2 of 3  Project: 201 NW 15th Street Plan Case Number: VAR-03-17-5736 particularly unusual for the neighborhood and will reduce the pavement necessary to access the garages.. 2. 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 creates a practical difficulty in that neither lot has alley access that might otherwise make it more practical to provide a rear entry garage, and the site development standards seek to reduce the amount of impermeable surface for storm-water control. 3. 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 not be adversely affected if this variance is granted. 4. 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 as requested is in keeping with the general spirit and intent of the zoning regulation in that it allows for the property to be platted and developed consistent with the spirit and intent of the UDC. STAFF RECOMMENDATION: Staff supports this variance because there is no alley access and the small size of the lots is not ideal for constructing a detached garage in the rear of the property. If a detached garage were to be installed it would significantly reduce the amount of useable outdoor space for the properties and would significantly increase the amount of impermeable surface needed for parking access. Additional rationale for support of this variance request include: one of the goals of the Downtown Master Plan is to increase residential density in the downtown area; the Downtown Development Code allows for these smaller lot configurations; the lots created are somewhat unique to the downtown area in that there is not alley access and the existing lot is situated on the corner of NW 15th Street and NW Summit Street with an existing house to remain there are fewer alternatives for access and garage location; and the developer is trying to develop a housing product that will be desirable to both the neighborhood and a potential buyer. 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  NW 19th St r Br oo kD NW Hearnes Ave illo General Zoning Downtown w NW Range District Zoning District W NW 12th St NW 10th St RE CS NW SF-12 T3 SF-7 SF-7 T4 w t TF T5 NW llo k C i MF-10 W roo MF-14 Overlay Districts MF-20 ADP-O B NB H-O SO PR-O NW GB R-O 11th Conservation District NW A St NW 10th St St CB PUD Concept Plan NW A St RC Planned Development LI HI COUNTY RE-C GB-C HI-C T3/ NW B St H-O T3 NW 17th St NW Zaun Ave NW Knox St T5 GB SF-7 NW 16th St LI GB NW 12th St NW 11th St NW Vesper St T3 NW Nort NW 17th St Summit C CS NW 14th St NW Summit St NW 19th St T5 NW Summit St SITE NW South Summit Ci NW Oak St T4 W Main St T4 SW 18th St T5 SW 12th St SW 19th St SW 17th St SW SW 14th St SW Smith St SW 11th St Smith St SW Jones St T3/ SW Walnut St H-O SW 19th Street Ter SW 15th St T4 CS SW SW 18th Street Ter SW Moore St Moore SW 21st St St SW SW 17th St SW Chicago St T3 SW 18th St 11th St SW 13th St SW 9th St SW Chicago St SW 12th St T3 VAR-03-17-5736 NW 15TH ST & NW SUMMIT ST PARCEL #: 35-710-16-06-00-0-000 SITE LOCATION MAP 0 250 500 ± 1,000 Feet  w t NW 12t NW 10t NW illo k C W ro o B NW 11th NW A St NW 10th St St NW A St NW B St NW 17th St NW Knox St NW 16th St NW 12th St NW 11th St NW Vesper St NW 14th St NW Summit St NW 19th St NW 17th St NW Sum SITE NW Whitney St SW 18th St SW 12th St SW 19th St SW 17th St SW SW 14th St SW Smith St SW 11th St Smith St SW Walnut St SW 19th Street Ter SW SW 18th Street Ter SW Moore St Moore St SW 17th St SW Chicago St VAR-03-17-5736 SW 18th St ± NW 15TH ST & NW SUMMIT ST PARCEL #: 35-710-16-06-00-0-000 SITE LOCATION AERIAL MAP 0 200 400 800 Feet  NW B St 35-710-16-01-00-0-00-000 NW Knox St 35-710-16-07-00-0-00-000 35-710-16-02-00-0-00-000 35-710-17-04-00-0-00-000 35-710-16-03-00-0-00-000 35-710-17-02-00-0-00-000 NW Vesper St SW 17th St 35-710-23-01-00-0-00-000 35-710-16-04-00-0-00-000 NW Summit St 35-710-23-02-00-0-00-000 NW 12th St 35-710-16-08-00-0-00-000 NW 11th St 35-710-16-09-00-0-00-000 35-710-23-09-00-0-00-000 35-710-24-02-00-0-00-000 35-710-24-03-00-0-00-000 35-710-24-01-00-0-00-000 W Main St 35-710-24-13-00-0-00-000 SW 16th St SW 15th St SW 12th St SW Smith St SW 18th St VAR-03-17-5736 NW 15TH ST & NW SUMMIT ST PARCEL #: 35-710-16-06-00-0-00-000 185' NOTIFICATION MAP 0 150 ± 300 600 Feet