Board of Adjustment

Board of Adjustment Agenda Wednesday November 8, 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, November 8, 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, April 12, 2017 2. PUBLIC HEARING – VARIANCE – VAR-08-17-5946 – “Tidal Wave Auto Spa” / 727 SW Westbound US 40 Highway Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in The Examiner, October 21, 2017 3. Application with attachments 4. Letter of Uniqueness dated, August 2, 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, December 13, 2017 4. ADJOURN WORK SESSION: Public Officials Liability Training, Presented by Jackie Sommer, City Attorney Photo of Board If special accommodations are required for citizen participation Please call 228-0207 (voice) or 228-0250 (TDD) BA – 11.08.2017 kf  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, April 12, 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, April 12, 2017 with the following members and guests in attendance. MEMBERS William Washington III Evelyn Ericson PRESENT Laurie Hatfield Ginger Duhon DeWayne Duhon, Chairman STAFF / OTHERS Jim Holley, Community Development Assistant Director Tom Degenhardt, City Engineer Jackie Sommer, City Attorney Karen Findora, Recording Secretary Nikki Calcara, Public Stenographer ABSENT Board Member Frederick Manning Board Member Brian Ross CALL TO ORDER DeWayne Duhon, Chairman, called the meeting to order at 6:30 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 Laurie Hatfield, and a unanimous vote, the Minutes of March 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 6:33 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 behalf of the applicant. 04.12.2017 KF Page 1 of 3 VARIANCE / VAR- Exhibits: 03-17-5736 / “201 1. Staff Report with attachments NW 15th Street” 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) STAFF Jim Holley, Assistant Director, Community Development, stated that before the Board is COMMENTS a Variance to Section 404.240.A.2.h and 404.240.H to allow the garages for 2 proposed homes to front to the street right-of-way, with one fronting to NW 15th Street and the other to NW Summit Street. QUESTIONS APPLICANT Chad McAtee, RC McAtee Construction QUESTIONS WITNESSES IN None. FAVOR WITNESSES Andrea Moore OPPOSED 209 NW 15th Street HEARING CLOSED With no further testimony to be taken, Chairman Duhon closed the public hearing at 6:59 p.m. with a request for action on the petition. MOTION Board Member Laurie Hatfield made a motion to approve Variance / VAR-03-17-5736 PUBLIC HEARING / “201 NW 15th Street.” AGENDA ITEM 2 VARIANCE / VAR- 03-17-5736 / “201 NW 15th Street” SECOND Board Member William Washington III. VOTE Laurie Hatfield – Aye Frederick Manning - Absent Brian Ross – Absent William Washington III – Aye Ginger Duhon, Aye Evelyn Ericson - Aye DeWayne Duhon, Chairman - Aye (APPROVED 5-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, May 10, 2017 04.12.2017 KF Page 2 of 3 ADJOURN With no further items to come before the Board, a motion was made by Board Member Evelyn Ericson, and seconded by Board Member William Washington III, to adjourn at 7:01 p.m. Motion carried Unanimously. _____________________________ Karen Findora, Recording Secretary DeWayne Duhon, Chairman Date 04.12.2017 KF Page 3 of 3  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: November 8, 2017 Agenda Item: 2 Case File Number: VAR-08-17-5946 Project Name: Tidal Wave Auto Spa Type of Application: Non-Use Variance Request: Approval of a Variance to Section 405.030, Non-Residential Building Type Standards, requesting to exceed the 200-foot maximum lot width for Pad Site buildings by 12 feet. Applicant: TW Macon, LLC (Tidal Wave Auto Spa) Property Owner: QuikTrip Corporation Location (Address): 727 SW Westbound U.S. 40 Highway Location Description: North of SW WB US 40 Hwy, +/- 550’ west of SW 7 Hwy Area: 1.387 +/- acres Lots: 1 proposed Existing Zoning: “GB” (General Business) & “LI” (Light Industrial) Existing Land Use: Vacant Commercial Comprehensive Plan Corridor Reinvestment / Distinct Destination & Designation: Mixed Use – Employment Dominant Attachments:  Site Location Maps  Survey & Site Plan  Letter of Uniqueness from Applicant  Public Notice Documents  Application & Supporting Materials Meeting Date: November 8, 2017 Planner: Nathan Jurey, Associate Planner Page 1 of 3  Project: Tidal Wave Auto Spa Case: VAR-08-17-5946 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting a variance to Section 405.030, Non-Residential Building Type Standards, specifically to allow a twelve (12) foot increase over the 200-foot maximum lot width for “Pad Site” buildings. In other words, the approval of this request would allow a “Pad Site” building lot with a width of 212 feet. The applicant intends to develop a car wash business on the subject site. The applicant must rezone and plat the property, as well as obtain a conditional use permit. The applicant has submitted the rezoning and conditional use permit applications. This variance is necessary to move forward with the platting process. The variance is moving forward prior to the rezoning or conditional use at the applicant’s risk. Regardless if the rezoning or conditional use are approved or denied, the decision made on this variance will remain in effect. The Unified Development Code (UDC) Section 405.010-3, Non-Residential Building Type Descriptions, defines a Pad Site Building as a “free standing building similar to a small commercial building, but of a larger lot that includes more space for frontage designs, landscape and buffers, and access and circulations. While pad site buildings are free standing, better planning and design can allow a series of these buildings to create improved relationships with major streetscapes and also become screens or linear buildings for larger general commercial buildings which are set back from the public realm.” The frontage width for Pad Site Buildings is required to be a minimum of 75-feet and a maximum of 200-feet, as this has historically been an appropriate range to accommodate a standard pad site. Pad Site Buildings are allowed in both the current zoning (GB and LI) and the proposed zoning (RC) from the submitted rezoning application. Additionally, the applicant argues the need for additional space due to the extra area required to accommodate the required vehicle stacking for car wash uses. However, the car wash use is not allowed within the current GB zoning, but is allowed in the proposed zoning (RC). Regardless, drive-through restaurant uses are allowed in both GB and RC zoning and the same argument may be utilized in either case. CONDITIONS OF APPROVAL: 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 applicant’s reasoning for the variance request arises from the reduction in the useable depth of the lot created by the internal access drive required for the adjacent QuikTrip and the required landscape buffer along SW 40 Highway. These items reduce the usable area and thus the site must be widened to accommodate adequate on-site vehicular stacking and dual entry lane. This is unique to drive-through land uses which require a minimum of number of stacking spaces (six for car washes and eight for drive-through restaurants). However, most car washes provide additional stacking spaces to meet peak time demand. 2. The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents. Page 2 of 3  Project: Tidal Wave Auto Spa Case: VAR-08-17-5946 Staff Response: The adjacent property to the east is a QuikTrip, while the remaining frontage to the west includes a detention area and access drive to SW 40 Highway. The granting of the variance will not adversely affect the rights of adjacent property ownersand may reduce traffic congestion along the access drive by providing additional vehicular stacking space on the subject property. 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 creates a practical difficulty for the applicant. The proposed building type and land use, whether the car wash or some other drive-through use with required stacking space, create a challenge for accommodating the required vehicular stacking spaces on a lot with limited depth created by the existing access drive that must remain in place. Due to the limited depth, the applicant is requesting to expand the width to meet the needs for the site. 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 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 as requested is in keeping with the general spirit and intent of the zoning regulation in that it allows the subject property to be developed at a lot size and scale generally appropriate in commercial zoning districts. 6. The granting of the variance desired is the minimum variance that will make possible the reasonable use of the land or structure. Staff response: The variance requested is minimal (a 6% increase in lot width, or 12-feet) and will accommodate the appropriate vehicular stacking spaces determined by the applicant to minimize traffic congestion along the existing access drive. STAFF RECOMMENDATION: Staff recommends that the Board approve the variance to Section 405.030 thereby allowing the increase of the lot width from 200-ft. to 212-ft. 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 6th Street NW 5th St NW 4th St GB General Zoning Downtown SW 15th St District Zoning District SW 9th St W Walnut St T4 T5 RE CS CS SF-12 T3 SW 7th Street Ter SF-7 T4 Central Park SW SW Moore St TF T5 Moore SW MF-10 St SW 6t h Overlay Districts e MF-14 SW Moor St SW Chicago St 11th St T3 St MF-20 NB et T ADP-O H-O SW 13th St SW 4th St SW SO re PR-O SW 5th St er R-O Chicago GB Conservation District St CB PUD Concept Plan RC SW 12th St T3 GB LI HI TF Planned Development SW 6th St W Mcarthur St COUNTY TF RE-C SW 6th SW South Ave SW South Ave GB GB-C HI-C Street SW 5th St SW 4th St Ter SW 8th St T5 LI ¬ «7 LI SW 10th St SW Eugene SF-7 LI LI GB GB GB GB £ ¤ 40 SITE SW Jaguar Ln SW Kings Cross Rd SW Sunset Ave SW W in SW ds M SW Skyline Dr GB or SW Luttrell Rd ni Ct or s id e GB SW Consumer ng Dr SW Azure St TF SF-7 SW Earl's SW Ct th SW SW 14th Ter 13 Rainbow SW Victor Dr r Ln Ln Te n 's MF-14 GB/ SF-7 Qu ee SW SW Tw R-O SW i lig SW m ht Ha SW Horizon Dr Ln Es let SW Sunrise Dr x se Dr Ci r RC/R-O VAR-08-17-5946 TIDAL WAVE AUTO SPA 727 SW WESTBOUND US 40 HWY SITE LOCATION MAP 0 300 600 ± 1,200 Feet  SW Moore SW St SW 6th e SW 11th St SW Chicago St Moor r St Te et SW 13th St re St SW 12th St SW 9th St SW 7th Street Ter SW 6th St SW 6th SW South Ave Street SW 5th SW South Ave St Ter SW 8th St SW Eugene SW 10th St ¬ «7 SITE £ ¤ 40 SW Kings Cross Rd SW Luttrell Rd SW SW Skyline Dr de si ng SW Consumer ni or M Dr SW Azure St SW SW Earl's Ct r SW Te Rainbow SW Victor Dr th 13 Ln SW VAR-08-17-5946 Dr et ml Ha ± TIDAL WAVE AUTO SPA 727 SW WESTBOUND US 40 HWY SITE LOCATION AERIAL MAP 0 250 500 1,000 Feet