Board of Adjustment

Board of Adjustment Agenda Wednesday September 11, 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. Nancy Yendes 4. Frederick Manning 5. Brian Ross Alternate Members Are: • Ron Amos, Alt. Member 1 • Jon Burke, 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, September 11, 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, June 12, 2018 2. PUBLIC HEARING – VARIANCE – VAR-08-19-7047 – “Dental Depot” – 1500 SW 7 Highway Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in The Examiner, August 24, 2019 3. Application with attachments 4. Letter of Uniqueness dated, August 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. 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, October 9, 2019 5. 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 August 28, 2019 Karen Findora, Administrative Assistant Community Development BA – 09-11-2019  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, June 12, 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, June 12, 2019 with the following members and guests in attendance. MEMBERS Frederick Manning Brian Ross PRESENT Laurie Hatfield, Vice Chairperson Ron Amos STAFF / OTHERS Mike Mallon, Assistant Director, Community & Economic Development Nathan Jurey, Senior Planner Tom Degenhardt, City Engineer Jackie Sommer, City Attorney LaKeisha Veal, Planning Commission Alt. Karen Findora, Recording Secretary Jim Leacock, Public Stenographer ABSENT Board Member DeWayne Duhon CALL TO ORDER / Laurie Hatfield, Vice Chairperson, called the meeting to order at 6:36 p.m. with a request APPROVAL OF that everyone stand for the Pledge of Allegiance. MINUTES Board Member Brian Ross made a motion to approve the April 10, 2019 meeting minutes, Seconded by Board Member Frederick Manning, and a unanimous vote, the Minutes of April 10, 2019, were approved as submitted. Vice Chairperson Hatfield 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. 06.12.2019 kf Page 1 of 4 AGENDA ITEM 2 Vice Chairperson Hatfield opened the public hearing at 6:38 p.m. with a request for PUBLIC HEARING exhibits from the City Attorney. Ms. Jackie Sommer entered Exhibits 1 thru 8 for Agenda VARIANCE / VAR- Item 2 into the public record on behalf of the applicant. 05-19-6947 / “Reed Exhibits: Acres / Barn” / 2000 1. Staff Report with attachments NE Pink Hill Road 2. Affidavit of Publication in The Examiner, March 24, 2019 3. Application with attachments 4. Letter of Uniqueness dated, May 20, 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 Nathan Jurey, Senior Planner, stated that before the Board is a Variance request to seek COMMENTS approval for the increase of a maximum accessory structure height of 16-feet as allowed by the UDC, Section 405.060.A.3.e, to proposed 19-foot accessory structure height. The site encompasses 15.84 +\- acres. Mr. Jurey ran thru the five (5) review criteria with the Board. APPLICANT Brandon Reed 2000 NE Pink Hill Road Blue Springs, MO Mr. Reed stated that he is requesting the variance so that he can have a place to store his tractor and mowing equipment. QUESTIONS Board Member Frederick Manning questioned why the 19-feet was so important. Mr. Reed stated that the main door of the structure is 14 X 16. He has a tractor that is about 14-ft. high with a bucket. In order to drive in and out of the structure easily he is requesting the 19-foot height. WITNESSES IN FAVOR None. WITNESSES OPPOSED None. HEARING CLOSED With no further testimony to be taken, Vice Chairperson Hatfield closed the public hearing at 6:47 p.m. with a request for action on the petition. MOTION Board Member Ron Amos made a motion to approve Variance / VAR-05-19-6947 / AGENDA ITEM 2 “Reed Acres / Barn.” PUBLIC HEARING VARIANCE / VAR- 05-19-6947 / “Reed Acres / Barn” / 2000 NE Pink Hill Road SECOND Board Member Frederick Manning. 06.12.2019 kf Page 2 of 4 VOTE Brian Ross – Aye Frederick Manning – Aye Nancy Yendes – Absent Ron Amos – Aye Laurie Hatfield, Vice Chair – Aye Dewayne Duhon, Chairperson – Absent (APPROVED 4-Aye, 0-No) AGENDA ITEM 3 Vice Chairperson Hatfield opened the public hearing at 6:458 p.m. with a request for PUBLIC HEARING exhibits from the City Attorney. Ms. Jackie Sommer entered Exhibits 1 thru 8 for Agenda VARIANCE / VAR- Item 3 into the public record on behalf of the applicant. 05-19-6949 / “Jacomo Exhibits: Heights 1st Plat, Lot 4” 1. Staff Report with attachments / Garage Add-On / 2. Affidavit of Publication in The Examiner, March 25, 2019 3304 SW Liggett Road 3. Application with attachments 4. Letter of Uniqueness dated, May 20, 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, Senior Planner, stated that before the Board are two Variance requests. The first request is to reduce the front setback of 30-feet as required by the UDC Section 405.020 (Detached House-Large Lot) to a proposed 28-foot front setback; and the second request is to reduce the side setback of 15-feet as required by the UDC Section 405.020 (Detached House-Large Lot) to a proposed 13-foot side setback. Mr. Jurey ran thru the five (5) review criteria with the Board. APPLICANT Jason Simonin 3304 SW Liggett Road Blue Springs, MO Mr. Simonin stated that the main reason he is requesting the variances is because he has a 14 1/2-year-old daughter whom will be driving soon, and he would like to provide her with a place to park her vehicle inside. He would like extra garage space. Additionally, WITNESSES IN Mr. Simonin stated that constructing a detached accessory structure in the rear yard as FAVOR allowed by Code would compound the neighborhood’s stormwater drainage issues due to the topography of the site. WITNESSES OPPOSED None. HEARING CLOSED None. With no further testimony to be taken, Vice Chairperson Hatfield closed the public hearing at 7:00 p.m. with a request for action on the petition. MOTION Board Member Ron Amos made a motion to approve Variance / VAR-05-19-6949 / AGENDA ITEM 3 “Jacomo Heights 1st Plat, Lot 4.” PUBLIC HEARING VARIANCE / VAR- 05-19-6949 / “Jacomo 06.12.2019 kf Page 3 of 4 Heights 1st Plat, Lot 4” / Garage Add-On / 3304 SW Liggett Road SECOND Board Member Frederick Manning. VOTE Brian Ross – Aye Frederick Manning – Aye Nancy Yendes – Absent Ron Amos – Aye Laurie Hatfield, Vice Chair – Aye Dewayne Duhon, Chairperson – Absent (APPROVED 4-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, July 10, 2019. ADJOURN With no further items to come before the Board, a motion was made by Board Member Ron Amos, and seconded by Board Member Brian Ross to adjourn at 7:01p.m. motion carried unanimously. _____________________________________________ Karen Findora, Recording Secretary ____________________________________________________________ Laurie Hatfield, Vice Chairperson Date 06.12.2019 kf Page 4 of 4  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: September 11, 2019 Agenda Item: 2 Case File Number: VAR-08-19-7047 Project Name: Dental Depot Type of Application: Variance Request: Approval of a Variance, from the Unified Development Code Section 405.030 to reduce the rear setback from 25-ft. to 15-ft. for a new building addition Applicant: Fitzgerald & Associates / Phil Fitzgerald Property Owner: Dental Depot / Dr. Glenn Ashmore Project Lead: Fitzgerald & Associates / Tanner McGreevy Location (Address): 1500 SW 7 Highway General Location: Southeast corner of SW 7 Highway & SW Keystone Drive Area & Lots: 0.82 +/- acres / 1 lot Existing Zoning: “GB” (General Business) Existing Land Use: Vacant (former service station & convenience store) Proposed Land Use: Medical Services / Dentist Office Comprehensive Plan Corridor Reinvestment / General Commercial Designation: Attachments: Site Location Maps Variance Application Planner: Matt Wright, Senior Planner Page 1 of 4  Project: Dental Depot Case: VAR-08-19-7047 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting approval of a Variance from Section 405.030. to reduce the minimum 25-ft. rear setback to 15-feet for a “General Commercial Building” type to permit a new building addition to the south side of the existing building that encroaches into the rear (east side) setback. The existing building (a former QuikTrip constructed in 1989-1990) was developed under a former Unified Development Code (UDC). A current survey of the property shows a 14.31-ft. setback from the rear property line. Per UDC Section 405.080.C.1, any expansion of a non-conforming structure that increases the degree of non-conformance shall be prohibited. Other expansions of the structure shall be permitted and shall not require a variance. As the required rear setback is now 25-ft. for the structure, any expansion to the building must meet that requirement, or a variance must be requested. The applicant is proposing an approximately 2.5-ft. offset from the current building wall on the proposed site plan, which would provide a 16.75-ft. rear setback for the new building addition. The applicant is requesting a variance to allow a minimum 15-ft. rear setback. PREVIOUS ACTIONS/APPROVALS: • On April 17, 1989, the City Council approved a Final Plat for Andrea’s First Addition, 1st Plat, Lot 1 (Ordinance No. 1828). FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: The applicant has submitted a Site Plan Design Review (SPDR-08-19-7046) concurrently with the Variance. If the Variance is approved, the Site Plan Design Review application will be submitted to the Planning Commission for approval. A building permit is required prior to renovation and expansion of the site. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: Right-of-Way SW Keystone Drive (Local) South: “GB” Commercial – Retail/Services (Keystone Plaza) (General Business) East: “TF” (Two-Family) Stormwater detention area for Keystone Plaza commercial center West: Right-of-Way SW 7 Highway (Arterial / MoDOT) Page 2 of 4  Project: Dental Depot Case: VAR-08-19-7047 VARIANCE CRITERIA: Unified Development Code (UDC) Section 405.030 (Non-Residential Building Type Standards) states that the General Commercial Building type shall have a minimum 25-ft. rear setback. The applicant requests approval of a variance to legally allow a new building addition to the south side of the existing building with a minimum 15-ft. rear 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 existing building was developed under a former UDC which had a less restrictive rear setback than the current UDC. The buildable area on the lot has limited options for expansions due to the parking and access configurations. The only opportunity for expansion of the building is to the south and west. The applicant is requesting an approximately 850-sf. addition to the south which encroaches into the required 25-ft. rear yard to the east. 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 building setback is being reduced along a property line that is shared with a detention basin for adjacent commercial development but is zoned “TF” (Two-Family Residential). The building does not encroach on any commercial buildings or residential land uses. 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. As previously noted, there are limited options for building expansion due to the site being a corner lot with current access and parking limitations. Not permitting the expansion of the site to the south would result in the applicant having to further expand to the west, which would further reduce parking and require the internal access drives to be altered. Existing access drives to both SW 7 Highway or SW Keystone Drive are already established and cannot be shifted any further north and west as that would create additional conflict with the existing traffic signal at the SW 7 Highway and SW Clark Road/SW Keystone Drive intersection. 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. Granting this variance will allow a site that has been vacant for over 2 ½ years to be reutilized by a Page 3 of 4  Project: Dental Depot Case: VAR-08-19-7047 new tenant which will have a positive impact on the surrounding neighborhood by reducing the potential for future blight. The variance also meets the intent of the “Corridor Reinvestment” designation in the 2014 Comprehensive Plan which recommends incremental investment strategies that can restore value to the corridor by balancing access and visibility. 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 recommends approval of the request because the application meets all five (5) review criteria for a Variance. 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  D enta lDe p o t-1 500S W 7H W Y V AR-0 8-1 9-7 047 Fra nklinSm ithSch oolP ark SITE Sto necre ekP ark K eysto neP ark G ene ralZ onin gDis tric t H I-C S F-7 M F-1 4 N B G B L I R E-C R E T F M F-1 8 S O C B H I G B-C S F-1 2 M F-1 0 M F-2 0 L POS R C C O U NTY L I-C D own townZ C S onin gDis tric t T 4 ¯ 0 2 95 5 90 1 ,18 0Fe et T 3 T 5  D enta lDe p o t-1 500S W 7H W Y V AR-0 8-1 9-7 047 S W W estm in iste rRd S W C larkL n S W J o yC t S ITE S W C larkR d e Kyto s eD n r W S S W M artinA ve S W 7H w y S W 6 thS t S W S ton eyB roo kLn S W M eado w rid geD r S W 5 thS t S W 8 thS t 0 9 0 ¯ 1 80 3 60F eet  PUBLIC NOTICE Variance VAR-08-19-7047 “Dental Depot” 1500 SW 7 Highway Parcel # 41-330-05-50-00-0-00-000 Notice is hereby given that a public hearing will be held by the Board of Adjustment of the City of Blue Springs on Wednesday, September 11, 2019 at 6:30 p.m. in the Multi- Purpose Room of the Howard L. Brown Public Safety Facility at 1100 SW Smith for the purpose of hearing interested parties and citizens on a request by Phil Fitzgerald, Fitzgerald & Associates, applicant, representing the owner, Dr. Glenn Ashmore, to approve a Variance request to reduce the required 25-foot rear setback for a General Commercial Building to 15-feet for a proposed building addition. Interested parties may view the application materials on file in the Community Development Department located at 903 W. Main Street, Blue Springs, MO. The site is legally described as follows: LOT 1, BLOCK 1, FIRST PLAT, ANDREA’S ADDITION, A SUBDIVISION IN BLUE SPRINGS, JACKSON COUNTY, MISSOURI. CITY OF BLUE SPRINGS Board of Adjustment By: Karen Findora, Recording Secretary PUBLISH: Saturday, August 24, 2019 E-MAIL TO THE EXAMINER: legals@examiner.net 08/22/2019 VARIANCE VAR-08-19-7047 Dental Depot Page 1 of 1 1500 SW 7 Highway BA Exhibit #2  D enta lDe p o t-1 500S W 7H W Y V AR-0 8-1 9-7 047 S W E sse xCir 4 1-3 30-0 1-1 9-0 0-0 -00 -00 0 4 1-3 30-0 1-2 1-0 0-0 -00 -00 0 S W W estm in iste rRd 4 1-3 30-0 1-2 0-0 0-0 -00 -00 0 4 1-3 30-0 1-1 4-0 1-0 -00 -00 0 d 4 1-3 30-1 4-0 2-0 2-0 -00 -00 0 kR lar C W S 4 1-3 30-0 5-5 3-0 1-0 -00 -00 0 S W K eys ton eDr 4 1-3 30-1 8-2 7-0 1-0 -00 -00 0 S W 7H w y 4 1-3 30-1 8-2 7-0 2-0 -00 -00 0 S W M artinA ve 4 1-3 30-1 8-2 6-0 1-0 -00 -00 0 4 1-3 30-0 2-2 3-0 0-0 -00 -00 0 4 1-3 30-1 8-2 5-0 0-0 -00 -00 0 4 1-3 30-0 5-5 4-0 1-0 -00 -00 0 S W M eado w rid geD r 4 1-3 30-0 5-0 2-0 0-0 -00 -00 0 4 1-3 30-0 5-5 6-0 0-0 -00 -00 0 S 4 1-3 3 W 0-0 5-5 5-0 0-0 -00 -0 8 0 0 thS t S W 6 thS t 4 1-3 30-0 5-8 3-0 0-0 -00 -00 0 0 0 9 ¯ 8 10 6 3 e 0Fet VARIANCE VAR-08-19-7047 Dental Depot 1500 SW 7 Highway BA Exhibit #7