Board of Adjustment

Board of Adjustment Agenda Wednesday May 9, 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, May 9, 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, April 11, 2018 2. PUBLIC HEARING – VARIANCE – VAR-03-18-6309 – “4905 SW Marguerite Street” / Indigo Hills PUD 1st Plat, Lot 12 Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in The Examiner, April 21, 2018 3. Application with attachments 4. 185 Ft. Notification Map 5. Names/addresses of property owner’s w/n 185 ft. of site 6. Copy of letter sent to said property owners 7. Unified Development Code “UDC” (By Reference) 3. ELECTION OF OFFICERS Board of Adjustment Chairman, DeWayne Duhon Appointed:__________ Board of Adjustment Vice-Chair, Laurie Hatfield Appointed:__________ 4. OTHER BUSINESS – The next scheduled meeting is Wednesday, June 13, 2018 5. ADJOURN If special accommodations are required for citizen participation Please call 228-0207 (voice) or 228-0250 (TDD) Posted at the Municipal Annex Building located at 1304 W Main Street and on the City’s website on DAY & DATE. Karen Findora, Administrative Assistant Community Development BA – 05.09.2018 kf  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, April 11, 2018 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 11, 2018 with the following members and guests in attendance. MEMBERS William Washington III Evelyn Ericson PRESENT Brian Ross Frederick Manning DeWayne Duhon, Chairman STAFF / OTHERS Mike Mallon, Assistant Director, Community Development Tom Degenhardt, City Engineer Jackie Sommer, City Attorney Karen Findora, Recording Secretary Brittany Murray, Public Stenographer ABSENT Laurie Hatfield, Vice Chairman 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 MINUTES Washington, a second from Board Member Ericson, and a unanimous vote, the Minutes of February 14, 2018, 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 six (6) 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 for Agenda Item 2 into VARIANCE / VAR- the public record on behalf of the applicant. 03-18-6309 / “4905 Exhibits: SW Marguerite Street” 1. Staff Report with attachments 04.11.2018 kf/mk Page 1 of 5 / Indigo Hills PUD 1st 2. Affidavit of Publication in The Examiner, March 24, 2018 Plat, Lot 12 3. Application with attachments 4. Letter of Uniqueness dated March 16, 2018 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 Mike Mallon, Assistant Director, stated that before the Board is a Variance to Unified COMMENTS Development Code Section 405.020 regarding the building type standards of “Detached House-Large Lot”. The applicant is requesting a Variance to the rear setback minimum requirement of 30ft., to reduce it to 24ft.; to combat the irregular shape of the lot. The Board is reviewing the following criteria 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; The conditions applicable to this request are unique to this property. The shape of the lot is unique and includes a diagonal rear property line that connects two very different sized side property lines. 2. The granting of the variance will not adversely affect the rights of adjacent property owners or residents; Granting this variance will not adversely affect the rights of adjacent property owners or residents. The rear property line where the proposed home would encroach into the required rear yard is similar in nature to a side yard, and consequently, the proposed variance would not have any greater impact on adjacent properties than a property having a side yard abutting a rear yard of an adjacent property, which is common throughout the city. 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; The strict application of the zoning regulations would create an unnecessary hardship on the property owner. While a home could be designed to fit on the property in compliance with the regulations, it would result in an odd shaped house that would not be compatible with other homes in the subdivision. 4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; The public health, safety, morals, order, convenience, prosperity, or general welfare will not be adversely affected if this variance is granted. 5. Granting the variance desired would not violate any requirements set forth by State or Federal agencies. State and Federal agencies do not regulate building setbacks. 04.11.2018 kf/mk Page 2 of 5 QUESTIONS Board Member Manning asked if the design of the house based on the lot shape would affect the property value. Mr. Mallon stated that he had communicated with the property owner and he believes that the property will be built comparable in value to the other properties in the subdivision. APPLICANT Shawn Woods, Woods Custom Ashlar Homes 5050 SW US 40 Hwy. Blue Springs, MO 64015 WITNESSES IN None. FAVOR WITNESSES Susan Braun OPPOSED 813 SW Elizabeth St. Blue Springs, MO 64015 Ms. Braun stated that she is in opposition of the Variance if a portion of the property in question is not deeded over. She is concerned about her property value with the property in question potentially being built closer to hers. COMMENTS Chairman Duhon cited a prior case where a Variance was declined, and the developers had to construct a house that was out of character with the rest of the subdivision, and was not favorable to surrounding residents. He confirmed Mr. Woods and Ms. Braun’s agreement to deed over 6ft. of land in the rear of both houses to Ms. Braun so she can install privacy measures. Chairman Duhon inquired if the deed agreement would require the Variance request to be changed. Mr. Mallon indicated that the Variance request would have to reflect this change as the Variance would be for a 12ft. deviation from the required setback instead of 6ft. Chairman Duhon noted that making this change would require a new public hearing at a later meeting. Mr. Woods stated that he would like a continuance to this item to the May 9 meeting. HEARING CLOSED With no further testimony to be taken, Chairman Duhon closed the public hearing at 7:03 p.m. with approval for a continuance to the May 9th Board of Adjustment Meeting. PUBLIC HEARING Chairman Duhon opened the public hearing at 7:04 p.m. with a request for exhibits from AGENDA ITEM 3 the City Attorney. Ms. Jackie Sommer entered Exhibits 1 thru 8 for Agenda Item 3 into VARIANCE / VAR- the public record on behalf of the applicant. 03-18-6316 / “2105 Exhibits: SW Moreland School 1. Staff Report with attachments Road” / Payne’s 2. Affidavit of Publication in The Examiner, March 24, 2018 Estates Lots 1 & 2 – 3. Application with attachments Lot 2 4. Letter of Uniqueness dated March 21, 2018 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 04.11.2018 kf/mk Page 3 of 5  8. Unified Development Code “UDC” (By Reference) STAFF Mike Mallon, Assistant Director, stated that before the Board is a Variance to Unified COMMENTS Development Code Section 407.040 “Site and Landscape Design”, subsection D.3 “Fences”. The applicant wishes to build a front yard fence taller than four (4) feet tall at his property located at 2105 SW Moreland School Rd. The decorative metal, open rail fence is requested to be five (5) feet tall. Staff supports the Variance, since the property is located along a major collector road, and fits other “RE” zoned properties in the vicinity. The Board is reviewing the following criteria 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; The conditions applicable to this request are somewhat unique to this property. The property is zoned “RE” (Residential Estate) and is developed with a Detached House - Estate Lot that has a front yard adjacent to a major collector street. There are not many similarly situated Estate Lot homes adjacent to major collector streets in the City. The additional 1-foot in height for the front fence helps provide additional security and a visual buffer between the detached house and the road. 2. The granting of the variance will not adversely affect the rights of adjacent property owners or residents; Granting this variance will not adversely affect the rights of adjacent property owners or residents. The proposed fence will be similar in height to adjacent homes to the east along SW 19th Street. The fence, 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; The strict application of the zoning regulations does not create a practical difficulty or unnecessary hardship on the property owner. The fence could be built in compliance with the required height limitation for fences in front of the front building line of the property. 4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; The public health, safety, morals, order, convenience, prosperity, or general welfare will not be adversely affected if this variance is granted. 5. Granting the variance desired would not violate any requirements set forth by State or Federal agencies. State and Federal agencies do not regulate fence heights as proposed by the applicant. 04.11.2018 kf/mk Page 4 of 5 QUESTIONS None. APPLICANT Dennis Klein, Kleins Fence, Homeowner 2105 SW Moreland School Rd. Blue Springs, MO 64015 WITNESSES IN None. FAVOR WITNESSES None. OPPOSED HEARING CLOSED With no further testimony to be taken, Chairman Duhon closed the public hearing at 7:14p.m. with a request for action on the petition. MOTION Board Member Washington made a motion to approve Variance / VAR-03-18-6316 / PUBLIC HEARING “2105 SW Moreland School Road.” AGENDA ITEM 3 VARIANCE / VAR- 03-18-6316 / “2105 SW Moreland School Road” / Payne’s Estates Lots 1 & 2 – Lot 2 SECOND Board Member Evelyn Ericson VOTE Brian Ross – Aye Frederick Manning - Aye Ginger Duhon – Absent William Washington III - Aye Laurie Hatfield, Vice Chairman – Absent Evelyn Ericson – Aye DeWayne Duhon, Chairman – Aye (APPROVED 5-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, May 9, 2018. ADJOURN With no further items to come before the Board, a motion was made by Board Member Washington, and seconded by Board Member Manning, to adjourn at 7:15p.m. Motion carried unanimously. _______________________________ Karen Findora, Recording Secretary ____________________________________________________________ DeWayne Duhon, Chairman Date 04.11.2018 kf/mk Page 5 of 5  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: May 9, 2018 Agenda Item: 2 Case File Number: VAR-03-18-6309 Project Name: 4905 SW Marguerite Street Type of Application: Variance Request: Approval of a Variance to Section 405.020, Residential Building Type Standards, Detached House — Large Lot, to reduce the required rear yard setback from 30- feet to 16-feet Applicant: Shawn Woods / Woods Custom Ashlar Homes Property Owner: Shawn Woods / Woods Custom Ashlar Homes Surveyor: N/A Engineer: N/A Architect: N/A Location (Address): 4905 SW Marguerite Street General Location: South of U.S. 40 Highway and west of SW Bowlin Road Area: 0.32 +/- acres Lots: 1 Existing Existing Buildings: None Existing Zoning: “SF-12/PUD” (Large Lot Single Family/Planned Unit Development) Existing Land Use: Vacant Proposed Land Use: Detached House – Large Lot Comprehensive Plan Designation: Low-Density Residential Attachments: Site Location Maps Variance Application Planner: Mike Mallon, Assistant Director Community Development Page 1 of 4  Project: 4905 SW Marguerite Street Plan Case: VAR-03-18-6309 BACKGROUND INFORMATION/SUMMARY: At the April 11, 2018 Board of Adjustment Meeting the applicant had requested approval of a variance to reduce the required rear yard setback from (30) feet to (24) feet to allow the construction of a detached house. The requested rear yard of the existing, platted Lot 12, Indigo Hills PUD – 1st Plat, is along the eastern property line. The applicant requested a variance from the rear yard setback requirement for a “Detached House – Large Lot” located in a “SF-12” (Large Lot Single Family) zoning district. Section 405.020 states that the minimum rear yard setback for Detached House – Large Lot is thirty (30) feet. The applicant has revised his Variance request based upon a proposed lot line adjustment with the adjoining property, Lot 14, to move the property line closer to the proposed home on the subject property, Lot 12. The proposed home to be built on the property will not be relocated; thus, the new rear property line, that will be established through a separate minor subdivision process, will result in a reduced size lot. The new variance request is to reduce the required rear yard setback from 30 feet to 16 feet. PREVIOUS ACTIONS/APPROVALS:  On November 17, 2003, City Council approved the annexation (Ord. 3632) of approximately 33 acres of land.  On February 16, 2004, City Council approved the rezoning (Ord. 3659) and the PUD Concept Plan (Ord. 3660) of approximately 33.38 acres of land from County “GB” to “SF-7” (Single-Family) and “SF-12” (Large Lot Single-Family) for the Indigo Hills PUD subdivision.  On December 13, 2004, Planning Commission approved the Preliminary Plat for Indigo Hills PUD, encompassing approximately 33.38 acres.  On December 20, 2004, City Council approved a revised PUD Concept Plan (Ord. 3846) for the Indigo Hills PUD subdivision, encompassing approximately 33.38 acres.  On September 7, 2005, City Council approved the Final Plat (Ord. 3898) for Indigo Hills PUD 1st Plat, encompassing approximately 19.53 acres.  On September 12, 2005, Planning Commission approved the PUD Final Plan for Indigo Hills PUD, encompassing approximately 33.38 acres. FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: The applicant has applied for a Variance to be heard before the Board of Adjustment. The applicant will need to apply for a Building Permit pending the approval of this Variance. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: “SF-12” (Large Lot Single Family) Detached house South: “SF-12” (Large Lot Single Family) Detached house East: “SF-12” (Large Lot Single Family) Detached house West: Right-of-Way; SW Marguerite Street; “SF-12” (Large Lot Single Family) Detached house Page 2 of 4  Project: 4905 SW Marguerite Street Plan Case: VAR-03-18-6309 UNIFIED DEVELOPMENT CODE: Section 405.020 – “Residential Building Type Standards” provides the following table: Detached House – Large Lot Frontage 101’ to 150’ Lot Size width Area 12,000 s.f. to 1 acre Front 30’ min. Side 15’ min. Setbacks Corner side 30’ min. Rear 30’ min. Height 35’ max. Frontage Type Yard and setback Design & Performance Building coverage = 35% of lot area max. Standards The applicant requests approval of a variance to reduce the required rear yard setback from (30) feet to (24) feet to allow the construction of a detached house. 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 unique to this property. The shape of the lot is unique and includes a diagonal rear property line that connects two very different sized side property lines. 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 rear property line where the proposed home would encroach into the required rear yard is similar in nature to a side yard, and consequently, the proposed variance would not have any greater impact on adjacent properties than a property having a side yard abutting a rear yard of an adjacent property, which is common throughout the city. 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 would create an unnecessary hardship on the property owner. While a home could be designed to fit on the property in compliance with the regulations, it would result in an odd shaped house that would not be compatible with other homes in the subdivision. 4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; Page 3 of 4  Project: 4905 SW Marguerite Street Plan Case: VAR-03-18-6309 Staff response: The public health, safety, morals, order, convenience, prosperity, or general welfare will not be adversely affected if this variance is granted. 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. STAFF RECOMMENDATION: Staff supports this variance request to reduce the required rear yard setback from 30 feet to 16 feet because of the unique shape of the lot, the proposed lot line adjustment and the difference in grade between the two lots. The staff recommendation of approval is contingent upon the proposed lot line adjustment to move a portion of the rear property line to the west and is only supported to reduce the required rear setback for the primary detached dwelling. The proposed building complies with all other provisions in the Unified Development Code. 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  ntrys id Cou General Zoning Downtown District Zoning District RE CS SF-12 T3 SF-7 T4 Tapawingo Ln Tapawingo Ln TF T5 MF-10 MF-14 Overlay Districts MF-18 ADP-O MF-20 H-O NB PR-O R-O SO Conservation District PLOS PUD Concept Plan GB Planned Development CB RC LI HI COUNTY AG RE-C Jackson County GB-C LI-C HI-C £ ¤ 40 Jackson County SITE SF-12 St SW d SF-7 th In a be ig Springs Lake SW Bowlin Rd o iz SW El H ills D r £ ¤40 SW Marguerite St ry S W ic k o H t SW C Jackson County 44 t Dr h eet St S tr t h 44 SF-7 SW SW Hickory Ln Jackson County VAR-03-18-6309 INDIGO HILLS PUD ± 1ST PLAT, LOT 12 4905 SW MARGUERITE ST 0 300 600 1,200 Feet SITE LOCATION MAP  £ ¤ 40 Jackson County SITE St t h a be SW SW Bowlin Rd iz El In d igo SW Hill sD r SW Marguerite St VAR-03-18-6309 INDIGO HILLS PUD ± 1ST PLAT, LOT 12 4905 SW MARGUERITE ST SITE LOCATION AERIAL MAP 0 150 300 600 Feet