Board of Adjustment

Board of Adjustment Agenda Wednesday February 14, 2018 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, February 14, 2018 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 8, 2017 2. PUBLIC HEARING – VARIANCE – VAR-01-18-6197 – “2929 SW Eastbound US 40 Highway” Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in The Examiner, January 27, 2018 3. Application with attachments 4. Letter of Uniqueness dated, December 28, 2017 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. Unified Development Code “UDC” (By Reference) 3. OTHER BUSINESS – The next scheduled meeting is Wednesday, March 14, 2018 4. ADJOURN If special accommodations are required for citizen participation Please call 228-0207 (voice) or 228-0250 (TDD) BA – 02.14.2018  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: February 14, 2018 Agenda Item: 2 Case File Number: VAR-01-18-6197 Project Name: 2929 SW Eastbound US 40 Highway Type of Application: Non-Use Variance Request: Approval of a Variance to Section 405.030 - Non- Residential Building Type Standards to reduce the required side yard setback for General Industrial Buildings from twenty (20) feet to ten (10) feet. Applicant: Kerry Copenhaver / Triad Inc. Property Owner: Triad Investment Properties LLC Surveyor: James Anderson / Anderson Survey Company Engineer: N/A Architect: N/A Location (Address): 2929 SW Eastbound U.S. 40 Highway General Location: North of SW Eastbound U.S. 40 Highway, approximately 525’ east of SW Woods Chapel Area: 0.37 +/- acres Lots: 1 Existing Existing Buildings: 1 Existing Existing Zoning: “LI” (Light Industrial) Existing Land Use: Building or Construction Contractor Proposed Land Use: Building or Construction Contractor Comprehensive Plan Designation: Corridor Reinvestment & Mixed Use - General Attachments: Site Location Maps Variance Application Planner: Nathan Jurey, Associate Planner Page 1 of 4  Project: 2929 SW Eastbound US 40 Hwy. Plan Case Number: VAR-01-18-6197 BACKGROUND INFORMATION/SUMMARY: The applicant requests approval of a variance to legally allow an approximate 56 ft. by 18 ft. building addition within the required twenty (20) foot side yard setback. The building addition is located on the north side of the approximate 80 ft. by 50 ft. existing building. The applicant proposes to keep the west wall of the building addition in line with the west wall of the original building. Currently, the southwest corner of the original building is approximately 11.24 feet from the west property boundary and the northwest corner of the addition is approximately 10.94 feet from the same boundary. The applicant is requesting a variance from the side yard setback requirement for a “General Industrial Building” located in a “LI” (Light Industrial) zoning district. Section 405.030 states that the minimum side yard setback for General Industrial Buildings is twenty (20) feet. The applicant is requesting approval of a variance that allows a side yard setback of ten (10) feet for a “General Industrial Building.” PREVIOUS ACTIONS/APPROVALS:  On August 4, 1980, City Council approved rezoning property from “B-1” (Local Business District) to “B-3” (Central Business District) zoning (Ord. 1079).  On September 21, 1987, City Council approved rezoning property from “B-3” (Central Business District) to “B-2” (General Business District) zoning (Ord. 1672).  On November 19, 2012, City Council approved rezoning property from “GB” (General Business) and “RC” (Regional Commercial) to “LI” (Light Industrial) zoning (Ord. 4420). FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: The applicant has applied for a Variance to be heard before the Board of Adjustment. The applicant has also applied for an Administrative Site Plan / Design Review and Building Permit pending the approval of this Variance. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: “GB” (General Business) Building & Construction Contractor South: Arterial Right-of-Way SW Eastbound U.S. 40 Highway East: “LI” (Light Industrial) Building & Construction Contractor West: “GB” (General Business) Building & Construction Contractor Page 2 of 4  Project: 2929 SW Eastbound US 40 Hwy. Plan Case Number: VAR-01-18-6197 UNIFORM DEVELOPMENT CODE: Section 405.030 – “Non-Residential Building Type Standards” provides the following table: General Industrial Building Frontage 75’ min Lot Size width Area n/a Front 40’ min. Side 20’ min. Setbacks Corner side 40’ min. Rear 20’ min. Height 45’ max. in LI district; 60’ max. in HI district Frontage Type Buffer Edge Design & Performance Building coverage = 85% of lot area max. Standards The applicant requests approval of a variance to legally allow an approximate 56 ft. by 18 ft. building addition within the required twenty (20) foot side yard setback. The Board of Adjustment shall review the following items when considering this variance: 1. The requested variance arises from conditions which are unique to the subject property, that are not ordinarily found in the same zoning district and that are not a result of the owner’s intentional action; Staff Response: The conditions applicable to this request are not particularly unique to this property. However, the conditions are somewhat unique to the building design and character of the immediate area. The buildings directly north, east, and west all appear to be built to their respective property lines, with no side yard setback provided. 2. The granting of 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. The existing building is setback approximately eleven (11) feet from the west property boundary. The building addition, as shown, does not appear to have any negative impact on an abutting property owner. 3. The strict application of the provisions of the zoning regulations of which a variance is requested will constitute an unnecessary hardship or practical difficulty upon the property owner represented in the application; Staff Response: The strict application of the zoning regulations does not create a practical difficulty or unnecessary hardship on the property owner. The addition could be built in compliance with the required side yard setback if built in an alternative location on the property. 4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; Page 3 of 4  Project: 2929 SW Eastbound US 40 Hwy. Plan Case Number: VAR-01-18-6197 Staff response: The public health, safety, morals, order, convenience, prosperity, or general welfare will not be adversely affected if this variance is granted. In this instance, the potential ten (10) foot separation between this building and the closest adjacent building is more than required for fire separation purposes. 5. Granting the variance desired would not violate any requirements set forth by State or Federal agencies. Staff response: State and Federal agencies do not regulate building setbacks. SUMMARY: The Board of Adjustment must determine if the 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 that 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  SW Oxford SW AG Moore RE SW Moore St Pl General Zoning District Downtown Zoning District RE CS SF-12 T3 MF-14/ SW 24th St SF-7 T4 SW 25th St TF T5 Jackson County MF-10 R-O SW Cem etary Rd MF-14 Overlay Districts SF-7 MF-18 ADP-O MF-14/PR-O MF-20 NB H-O PR-O SW Shadow Brook Dr SW Shadow R-O SO Conservation District PLOS SW Shadow Glen Dr PUD Concept Plan GB SW McDanial Ave SW Sou th Ave Glen Ct Planned Development Jackson SW th CB SW Pinebrook Village Ct SW 30 31st RC County Ct SW 36th Street Ter Ct LI MF-14 SW McDaniels St St HI SW South Ct COUNTY MF-14/PR-O 30 SF-7 SW Woods Chapel Rd th RE-C SW SW GB-C SW Iron Creek Dr Eugene t HI-C SW 29th S SW Jackson Ct Ct MF-14 Jackson SW Jackson St SW Jackson St County TF GB LI GB LI GB Jackson LI £ ¤ 40 County LI NB GB LI GB GB LI £ ¤ 40 SITE GB SW 28th St SW Quarry Rd stin Ct K im LI SW LI SW Burris Rd Jackson County 4th SW 2 Ct t SW Stree rd 23 St SF-12 SW 26th SW St h 24t SW Winport Dr St SW 25th St VAR-01-18-6197 2929 SW EASTBOUND US 40 HWY STORAGE ADDITION SITE LOCATION MAP 0 300 600 ± 1,200 Feet  SW McDaniels St St 30 th SW SW W Iron Creek Dr SW 29th St Eugene SW Woods Chapel Rd Ct Jackson SW Jackson St County £ ¤ 40 £ ¤ 40 SITE SW 28th St n County VAR-01-18-6197 2929 SW EASTBOUND US 40 HWY STORAGE ADDITION SITE LOCATION AERIAL MAP 0 150 ± 300 600 Feet