Board of Adjustment

Board of Adjustment Agenda Wednesday April 10, 2019 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 • Nancy Yendes, Alt. Member 2 Planning Commission Liaisons Are: • LaKeisha Veal, 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 10, 2019 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 13, 2019 2. PUBLIC HEARING – VARIANCE – VAR-03-19-6852 – “William Bryant Elementary School” – 1101 SE Sunnyside School Road Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in The Examiner, March 23, 2019 3. Application with attachments 4. Letter of Uniqueness dated, March 15, 2019 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, May 8, 2019 4. ADJOURN If special accommodations are required for citizen participation Please call 228-0207 (voice) or 228-0250 (TDD) Agenda posted at the following locations: Howard L. Brown Public Safety Building, 1100 SW Smith Street Municipal Annex Building, 1304 W Main Street City’s website http://www.bluespringsgov.com/AgendaCenter April 3, 2019 Karen Findora, Administrative Assistant Community Development BA – 04.10.2019  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, March 13, 2019 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 13, 2019 with the following members and guests in attendance. MEMBERS Evelyn Ericson Brian Ross PRESENT Nancy Yendes, Alt. Frederick Manning DeWayne Duhon, Chairman STAFF / OTHERS Thomas Cole, Director, Community & Economic Development Mike Mallon, Assistant Director, Community & Economic Development Nathan Jurey, Associate Planner Tom Degenhardt, City Engineer Jackie Sommer, City Attorney Karen Findora, Recording Secretary Brittany Murray, Public Stenographer ABSENT Board Member Laurie Hatfield. 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. MINUTES Board Member Evelyn Ericson made a motion to approve the February 13, 2019 meeting minutes, Seconded by Board Member Frederick Manning, and a unanimous vote, the Minutes of February 13, 2019, were approved as submitted. 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. 03.13.2019 kf Page 1 of 5 AGENDA ITEM 2 Chairman Duhon opened the public hearing at 6:33 p.m. with a request for exhibits from PUBLIC HEARING 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. 02-19-6811 / “Roselli Exhibits: Residence” / 2238 SW 1. Staff Report with attachments Park Avenue Circle 2. Affidavit of Publication in The Examiner, February 23, 2019 3. Application with attachments 4. Letter of Uniqueness dated, February 13, 2019 5. 185 Ft. Notification Map 6. Names/addresses of property owners within 185 ft. of site 7. Copy of letter sent to said property owners 8. Unified Development Code “UDC” (By Reference) STAFF COMMENTS Nathan Jurey, Associate Planner, stated that before the Board is a Variance request to reduce the 8ft. side yard setback required by the UDC, Section 405.020 to a 7.5ft. side yard setback for only the southeast corner of the proposed building. Mr. Jurey went through the variance criteria with the Board. Staff believes all five review criteria has been met. QUESTIONS None. APPLICANT Ron Myrick, Ron Myrick Design Builders, Inc. 1205 SW Wintergreen Lane Blue Springs, MO Mr. Myrick will be the builder of the home. WITNESSES IN FAVOR None. WITNESSES OPPOSED None. HEARING CLOSED With no further testimony to be taken, Chairman Duhon closed the public hearing at 6:42 p.m. with a request for action on the petition. MOTION Board Member Evelyn Ericson made a motion to approve Variance / VAR-02-19-6811 AGENDA ITEM 2 / “Roselli Residence.” PUBLIC HEARING VARIANCE / VAR- 02-19-6811 / “Roselli Residence” / 2238 SW Park Avenue Circle SECOND Board Member Brian Ross. VOTE Brian Ross – Aye Frederick Manning – Aye Nancy Yendes – Aye Evelyn Ericson – Aye Laurie Hatfield – Absent 03.13.2019 kf Page 2 of 5  Dewayne Duhon, Chairman – Aye (APPROVED 5-Aye, 0-No) AGENDA ITEM 3 Chairman Duhon opened the public hearing at 6:43 p.m. with a request for exhibits from PUBLIC HEARING 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. Exhibit 9 was added to the record. 02-19-6813 / “Bills Exhibits: Addition Lot 3” / East 1. Staff Report with attachments of SW 9th Street, +\- 2. Affidavit of Publication in The Examiner, February 23, 2019 250’ north of SW 3. Application with attachments South Avenue 4. Letter of Uniqueness dated, February 15, 2019 5. 185 Ft. Notification Map 6. Names/addresses of property owners within 185 ft. of site 7. Copy of letter sent to said property owners 8. Unified Development Code “UDC” (By Reference) 9. Photos from nearby Resident, Jerry Colman STAFF COMMENTS Nathan Jurey, Associate Planner, stated that before the Board is a Variance from the UDC, Section 404.240.H that states “Parking lots and garages shall not front to the street” in order to legally construct a house with a garage that fronts the street. Mr. Jurey went through the variance criteria with the Board. Staff believes all five review criteria has been met. QUESTIONS Chairman Duhon asked Mr. Jurey if he knew how many homes in that area had front facing garages. Mr. Jurey stated that he noticed 2-3 homes. APPLICANT Jason Walker, Walker Custom Homes, LLC 4210 NW Lake Drive Lee’s Summit, MO Mr. Walker stated that without the variance it would be very hard from an elevation perspective based on the dimensions of the plot plan and the creek to make a home construction plan work on this lot. WITNESSES IN FAVOR None. WITNESSES OPPOSED Jerry Colman, Resident 500 SW 9th Street Blue Springs, MO Mr. Colman presented several photos of the creek that were entered as Exhibit 9 in to the public record. Mr. Colman has concerns with the creek and the washout. Mr. Colman asked if the City was going to take care of the creek. Chairman Duhon stated that the question that is before the Board is can the applicant build a house with a driveway that is facing the street. The reason for this request is that the City has put an easement in the back of this lot. The easement is a way for the City to access the property to manage the water flow if need be. 03.13.2019 kf Page 3 of 5  Jesse Christianson, Resident 414 SW 9th Street Blue Springs, MO Mr. Christianson stated that he has been caring for half of the property throughout the years. He has concerns with how long the new home will be and that the homes are stacked close together. He has concerns that the new home will not be cohesive to the surrounding older homes. QUESTIONS Board Member Nancy Yendes asked what kind of garage does Mr. Christianson have. He stated that his garage faces south on the side of his home and he also has a detached garage behind his house. Member Yendes asked when the lot was platted and was it split apart. Mr. Jurey stated that they were always two separate lots, but he believes they were sold together. The Variance request is for Lot 3. Member Yendes asked if the lot that has the creek was purposely created. Mr. Jurey stated that yes it was. Board Member Frederick Manning asked what the distance is between the two homes. Member Yendes asked when the lot was platted. Mr. Jurey stated that it was platted in 1957. Member Yendes asked when was the easement granted. Mr. Jurey stated it was about a month ago. Mr. Jurey stated that is was replatted as a new subdivision, and the new name is Bills Addition Lot 3. It was replatted for the dedication of the easement. Before Public Works was willing to sign off on the building permit they requested an easement. HEARING CLOSED With no further testimony to be taken, Chairman Duhon closed the public hearing at 7:11 p.m. with a request for action on the petition. MOTION Board Member Evelyn Ericson made a motion to approve Variance / VAR-02-19-6813 / “Bills Addition Lot 3.” SECOND Board Member Frederick Manning. VOTE Brian Ross – Aye Frederick Manning – Aye Nancy Yendes - Aye Evelyn Ericson – Aye Laurie Hatfield – Absent Dewayne Duhon, Chairman – Aye (APPROVED 5-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, April 10, 2019. ADJOURN With no further items to come before the Board, a motion was made by Board Member Frederick Manning, and seconded by Board Member Evelyn Ericson to adjourn at 7:16 p.m. motion carried unanimously. 03.13.2019 kf Page 4 of 5  _____________________________________________ Karen Findora, Recording Secretary ____________________________________________________________ DeWayne Duhon, Chairman Date 03.13.2019 kf Page 5 of 5  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: April 10, 2019 Agenda Item: 2 Case File Number: VAR-03-19-6852 Project Name: William Bryant Elementary Type of Application: Variance Request: Approval of a Variance to reduce the required rear yard setback from 25-ft. to 2.7-ft. Applicant/Lead: Hollis + Miller Architects / Megan Warner Property Owner: Blue Springs R-IV School District / Dan Anderson Surveyor: Kaw Valley Engineering / Kenneth Dedrick Engineer: Kaw Valley Engineering / David Wood Architect: Hollis + Miller Architects / John Brown Location (Address): 1101 SE Sunnyside School Rd. General Location: Southwest corner of SE Sunnyside School Rd. & SE Adams Dairy Pkwy. Area: 10.32 +/- acres Lots: 1 lot proposed Existing Zoning: “SF-7” (Single-Family Residential) Existing Land Use: Elementary School Proposed Land Use: Elementary School Comprehensive Plan Designation: Neighborhoods / Civic Attachments: Site Location Maps Variance Application Planner: Matt Wright, Senior Planner Page 1 of 4  Project: William Bryant Elementary Plan Case: VAR-03-19-6852 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting approval of a variance to reduce the required rear yard setback from 25-ft. to 2.7-ft. to allow for a new building addition. The proposed location of the new building addition is the most appropriate direction to expand the elementary school. Expanding the school to the north or east will require the removal and relocation of existing parking lots. Expanding the school to the west will require the removal and relocation of existing playground areas. As the applicant owns both properties to the south, they have the option of platting all three parcels as a single lot, which would eliminate the need for the variance. However, platting the properties would set off a series of additional requirements that staff believes is burdensome and does not serve a public benefit, including the Planned Development process to develop a campus master plan. The platting process will also trigger public improvements, which staff does not believe are warranted at this time. Therefore, to avoid these requirements, staff believes that a variance to reduce the required rear yard setback is the most appropriate level of review at this time. PREVIOUS ACTIONS/APPROVALS: • On March 26, 2001, the Planning Commission approved a Site Plan Design Review for a new classroom addition. • On December 8, 2003, the Planning Commission denied a Master/Alternative Sign Plan (ASP-12-2003) for additions to a changeable copy sign along SE Sunnyside School Road. The applicant appealed the denial to the City Council. On January 5, 2004, the City Council heard the appeal and approved the Master/Alternative Sign Plan to allow the addition to the changeable copy sign. FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: The applicant has applied for an Administrative Site Plan Design Review and a Minor Subdivision Plat for the subject property. If the Variance is approved, the Administrative Site Plan Design Review with the reduced setback may be approved. The Minor Subdivision Plat must be approved and recorded prior to the issuance of building permits for the subject property. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: Right-of-Way SE Sunnyside School Road (Local) South: “SF-7” (Single-Family) Athletic Fields & Undeveloped East: Right-of-Way SE Adams Dairy Parkway (Arterial) West: Right-of-Way & “SF-7” (Single- SE Piccadilly Street (Local) & Family) Single-Family Residential VARIANCE CRITERIA: The applicant requests approval of a variance to reduce the required rear yard setback from 25-ft. to 2.7-ft. along the south property line. The required rear yard setback is based on the “Prominent Civic Building” type. The applicant also is the owner of the two parcels to the south. Page 2 of 4  Project: William Bryant Elementary Plan Case: VAR-03-19-6852 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 the subject property and the land use (elementary school) being served by the property. The Blue Springs School District owns properties to the southeast (ballfields) and southwest (undeveloped land) upon which the requested building setback that will be encroached upon is located. At the time of initial construction of William Bryant Elementary School, the School District did not anticipate the need for the additional expansion. 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, as the request only encroached upon property already owned by the applicant. 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 or practical difficulty on the property owner. The elementary school has limited options to accommodate expansion to the existing building. The southward expansion is the only direction in which the existing site will be minimally impacted. Expansion in any other direction will result in significant demolition and relocation costs of existing parking and playground areas. The only other non-variance option to permit the building setback reduction is through the Planned Development (PD) process or the platting process to combine all three (3) parcels owned by the School District into one (1) lot, both of which would additional time and expense to the applicant. The platting process would require significant public improvements to be made, including the extension of SE Manor Drive into the Blue Springs Manor South neighborhood to the west. This street connection is not warranted by the new building addition and would likely only be warranted when the southeast parcel is developed in the future. 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. 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 at this location. Page 3 of 4  Project: William Bryant Elementary Plan Case: VAR-03-19-6852 STAFF RECOMMENDATION: Staff supports the requested variance to reduce the required rear building setback from 25-ft. to 2.7-ft. to accommodate a new building addition to William Bryant Elementary. 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. 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