Board of Adjustment

Board of Adjustment Agenda Wednesday November 13, 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, November 13, 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 2. PUBLIC HEARING – VARIANCE – VAR-10-19-7114 – “Park Avenue 5th Plat, Lots 123 & 124” – 1909 & 1913 SW Wall St. Cir. Exhibits: 1. Staff Report with attachments 2. Application with attachments 3. Letter of Uniqueness dated, October 18, 2019 4. Affidavit of Publication in The Examiner, October 26, 2019 5. 185-ft. Notification Map 6. Names/addresses of property owners w/in 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 11, 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: City Hall, 903 W. Main Street City’s website http://www.bluespringsgov.com/AgendaCenter November 7, 2019 A quorum of the City Council may be in attendance however no City Council votes will be taken. Karen Findora, Administrative Assistant Community Development BA – 11.13.2019  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: November 13, 2019 Agenda Item: 2 Case File Number: VAR-10-19-7114 Project Name: Park Avenue, Lots 123 & 124 Type of Application: Variance Request: Approval of a Variance, from the Unified Development Code Section 405.020, Residential Building Type Standards, to allow a lot that is wider than the allowed maximum lot size of 150’ for the “Detached House – Large Lot” building type and a reduction in the minimum front setback from 30’ to 25’. Applicant: Travis Graham / Graham Development KC LLC Property Owner: Travis Graham / Graham Development KC LLC Surveyor: Adam Murry, Engineering Solutions Engineer: N/A Architect: N/A Location (Address): 1909 & 1913 SW Wall St. Cir. General Location: South of SW Liggett Road & East of SW 22nd St. Area: 25,416 sq. ft. Lots: 2 Existing/Platted Lots Existing Zoning: SF-7 (Single-Family Residential) Existing Land Use: Undeveloped Proposed Land Use: Single-Family House Comprehensive Plan Designation: Residential Attachments: Site Location Maps Variance Application Planner: Mike Mallon, Assistant Director VARIANCE VAR-10-19-7114 Park Ave. 1909 & 1913 SW Wall St. Cir. Exhibit #1 Page 1 of 4  Project: Park Avenue Variance Case: VAR-10-19-7114 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting approval of a Variance from Section 405.020, Residential Building Type Standards, to allow a lot that is wider than the allowed maximum lot frontage of 150’ for the “Detached House – Large Lot” building type and a reduction in the minimum front setback from 30’ to 25’. The applicant is proposing to combine two lots, Lots 123 and 124, in the Pak Avenue 5th Plat Subdivision and construct a single-family detached home. The subdivision was originally developed under the development standards and setbacks of the “SF-7” zoning. With the adoption of the UDC in 2015, the other homes in the subdivision are now classified as Detached House – Neighborhood Lot, which have the same setbacks and lot standards as the previous “SF-7” zoning district. By combining the two lots into a single lot, the property no longer meets the Detached House – Neighborhood Lot size requirements and would now be classified as a Detached House – Large Lot. As a result, the applicant is requesting a variance from the Detached House – Large Lot development standards in order to construct the new house with similar setbacks as the Detached House – Neighborhood Lot, similar to the other homes in the neighborhood. Specifically, the request is for a variance from the minimum lot frontage width of 150 feet and additionally, to allow a 25-foot front setback rather than the required 30-foot front setback, so that the house is consistent with the other houses in the subdivision. PREVIOUS ACTIONS/APPROVALS: • A Sketch Plan (Preliminary Plat) was approved for the Park Avenue Subdivision in 1986. • On July 20, 1998, City Council approved the Final Plat for Park Avenue 5th Plat (Ord. 3067). FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: If the Variance is approved, a building permit may be submitted for the proposed building. However, prior to building permit issuance, the applicant must apply for an Administrative Plat to combine the two lots and the approved Plat must be recorded at Jackson County. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: “SF-7” Single-Family District Liggett Road South: “SF-7” Single-Family District Single Family Residential East: “SF-7” Single-Family District Single Family Residential West: “SF-7” Single-Family District Single Family Residential Page 2 of 4  Project: Park Avenue Variance Case: VAR-10-19-7114 VARIANCE CRITERIA: Unified Development Code (UDC) Section 405.020 states: 1. The maximum lot frontage width for a Detached House- Large Lot is 150 feet; the applicant is requesting to exceed that frontage with a lot that is 180 feet wide. 2. The Front Setback for a Detached House – Large Lot is 30 feet; the applicant is requesting a 25-foot front setback, which is consistent with the build line shown on the Final Plat 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, as it is a combination of two platted lots, and therefore a wider frontage than other lots in the subdivision. 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 Variance, if granted, would not have any negative impacts on adjacent properties as the house would be developed with the same setbacks as adjacent homes. 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 it would impose bigger setbacks than adjacent properties and would not allow the house to be developed under the standards established when the subdivision was originally platted. 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 lot widths or building setbacks for single-family houses. STAFF RECOMMENDATION: Page 3 of 4  Project: Park Avenue Variance Case: VAR-10-19-7114 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  P arkA venu e-1 909&1 913S W W allS tCir V AR-1 0-1 9-7 114 SW SW 22 N nd ew to St n n L Cir k Par W S S W W in ter g re en Ln SWPark Dr i em Fl W S ng d D lv r yerB W S Me SWWall S S SW t W Lig Iv ge y tt Ln Rd an hatt an W S W a SITE S SWWall St M llS W14th tre W S etC ir S W S B treet C ro ad w t ay W S a PrkA ve t SW15thC SW14thS SWEdgewoodSt t SWEastmanSt 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 onin gDis tric t C S T 4 0 9 0 1 80 3 60F eet T 3 T 5  P arkA venu e-1 909&1 913S W W allS tCir V AR-1 0-1 9-7 114 W S Me yerB lvd SW Lig SW ge tt Wall Rd St an hatt an S W W allS M tre W S etC ir S W B ro ad w ay S ITE SW22n S W dS Pa rkA t ve 0 9 0 ¯ 1 80 3 60F eet VARIANCE VAR-10-19-7114 Park Ave. 1909 & 1913 SW Wall St. Cir. Exhibit #2  REQUIRED DOCUMENTS CHECKLIST FOR ALL APPLICATIONS REQUIREMENT DESCRIPTION NUMBER 0 Project Location Information Complete on i page of this Application st . 0 Legal Description One 8.5" x 11" copy & a digital copy in Microsoft Word (digital copy required for public hearings only) format emailed to comdevlegal@bluespringsgov.com ·0 Plans Set Sealed by the Proper Entity Full plans set folded & collated; See Application Varies Registered in the State of Missouri Specific Requirements for plans set requirements Reduced set of full plans set on 8.5" x 11" 1 set · 0 Other Doc's Required during the Pre-App Codes, covenants, & restrictions; stormwater study; 2 sets Meeting held on 20 traffic study; Dev. & Maint. Agree., etc. on 8.S"xll" 0 Application Specific Requirements Checklist Attach applicable pages in the accompanying document Planning Application Requirement Guidebook . □ Other Required Information See UDC Chapter 403 - Development Review Procedures for any other required information. PROJECT DESCRIPTION: FINANCIAL GUARANTEES: FINANCIAL GUARANTEES: 0 Sanitary Sewer _______ $ □ Sidewalk $ 0 Storm Sewer $ ___, □ Multi-Use Path $ □ Water $ □ Amenities $ 0 Streets $ □ Landscaping $ 0 Other: $ □ Other: $ DOCUMENTS: DOCUMENTS: 0 Traffic Study □ Property/Home Owners Association Declaration 0 Stormwater Study □ Declaration of Covenants, Conditions, & Restrictions 0 Development & Maintenance Agreement .., �· OTHER: OTHER: 0 Everything Completed □ Everything Completed 0 Nothing Required □ Nothing Required SIGN OFF: ' SIGN OFF: ,, ' ,I , � VARIANCE VAR-10-19-7114 Park Ave. 1909 & 1913 SW Wall St. Cir. Exhibit #3  PUBLIC NOTICE Variance VAR-10-19-7114 “Park Avenue 5th Plat, Lots 123 & 124” 1901 & 1913 SW Wall St. Cir. 42-640-08-46-00-0-00-000 Notice is hereby given that a public hearing will be held by the Board of Adjustment of the City of Blue Springs on Wednesday, November 13, 2019 at 6:30 p.m. in the Howard L. Brown Public Safety Building located at 1100 SW Smith Street for the purpose of hearing parties in interest and citizens on a request by Travis Graham, owner, to approve a Variance request to Section 405.020, Residential Building Type Standards, to allow a lot that is wider than the allowed maximum lot size of 150’ for the “Detached House – Large Lot” building type and a reduction in the minimum front setback from 30’ to 25’. 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: PARK AVENUE 5TH PLAT, LOTS 123 AND 124 CITY OF BLUE SPRINGS Board of Adjustment By: Karen Findora, Recording Secretary PUBLISH: Saturday, October 26, 2019 E-MAIL TO THE EXAMINER: legal@examiner.net 10/24/20109 VARIANCE VAC-10-19-7114 Park Ave. 1909 & 1913 SW Wall St. Cir. BA Exhibit #4 Page 1 of 1  Park Avenue - 1909 & 1913 Sw Wall St Cir VAR-10-19-7114 SWPark Dr n yL B WIv er ey S S W L igg M ettR d W S lv d 4 2-6 40-0 6-0 1-0 0-0 -00 -00 0 4 2-6 40-0 8-4 5-0 0-0 -00 -00 0 4 2-6 40-0 8-4 8-0 0-0 -00 -00 0 S W W allS t 4 2-6 40-0 3-4 2-0 0-0 -00 -00 0 4 2-6 40-0 8-5 0-0 0-0 -00 -00 0 W S W a S llS W14th tre 2 4 4 -60 8 -0 8 -3 0 -0 -0 -0 -0 0 0 0 etC 2 4 4 -60 3 -0 3 -4 0 -0 -0 -0 -0 0 0 0 ir Street C t 4 2-6 40-0 8-3 9-0 0-0 -00 -00 0 4 2-6 40-0 8-4 3-0 2-0 -00 -00 0 a P v rkAe W S 4 2-6 40-0 8-4 3-0 1-0 -00 -00 0 SW22n dSt 4 2-6 40-0 8-4 0-0 0-0 -00 -00 0 4 2-6 40-0 8-4 1-0 0-0 -00 -00 0 4 2-6 40-0 8-4 4-0 0-0 -00 -00 0 4 2-6 40-0 8-4 2-0 0-0 -00 -00 0 VARIANCE VAR-10-19-7114 ¯ Park Ave. 5th Plat 1909 & 1913 SW Wall St. Cir. BA Exhibit #5 0 9 0 1 80 3 60F eet PARCELID17 owner owneraddre ownercity ownerstate ownerzipco year_built tot_sqf_l_ 42-640-08-44-00-0-00-000 THOMAS MICHAEL & AMY C 1901 SW WALL STREET CIR BLUE SPRINGS MO 64015 2000 2145 42-640-08-45-00-0-00-000 LAPLANTE WESLEY G & MARY I 1905 SW WALL STREET CIR BLUE SPRINGS MO 64015 1999 2683 42-640-08-42-00-0-00-000 SHIPMAN STEVEN H & LINDA S 1900 SW WALL STREET CIR BLUE SPRINGS MO 64015 2000 2566 42-640-08-41-00-0-00-000 WOOD KAREN H-TRUSTEE 1904 SW WALL STREET CIR BLUE SPRINGS MO 64015 2001 1972 42-640-08-40-00-0-00-000 ARPS MICHAEL D SR & DIANE E 1908 SW WALL ST CIR BLUE SPRINGS MO 64015 1999 2800 42-640-08-39-00-0-00-000 CARNEL JOHN E & MARY L 1912 SW WALL STREET CIR BLUE SPRINGS MO 64015 2000 2303 42-640-08-38-00-0-00-000 CROSBY WILLIAM L & DENISE GLEE 1916 SW WALL STREET CIR BLUE SPRINGS MO 64015 1999 2462 42-640-08-46-00-0-00-000 GRAHAM DEVELOPMENT KC LLC 1701 W 40 HWY STE 205 BLUE SPRINGS MO 64015 0 0 42-640-08-47-00-0-00-000 GRAHAM DEVELOPMENT KC LLC 1701 W 40 HWY STE 205 BLUE SPRINGS MO 64015 0 0 42-640-03-43-00-0-00-000 WELCH BARBARA S & JOHN R-TR 3701 MEYER BLVD BLUE SPRINGS MO 64015 1988 2846 42-640-08-48-00-0-00-000 SAIGHMAN ALAN G & LOU ANN 1917 SW WALL STREET CIR BLUE SPRINGS MO 64015 2000 2988 42-640-08-50-00-0-00-000 O CONNOR MICHAEL B & BEVERLY R 1921 SW WALL ST CIR BLUE SPRINGS MO 64015 2000 2173 42-640-03-42-00-0-00-000 WELCH BARBARA S & JOHN R-TR 3701 MEYER BLVD BLUE SPRINGS MO 64015 0 0 42-640-06-01-00-0-00-000 CITY OF BLUE SPRINGS 903 MAIN ST BLUE SPRINGS MO 64015 0 0 42-640-08-43-02-0-00-000 PARK AVENUE HOMES ASSOCIATION INC 1701 W 40 HWY STE 205 BLUE SPRINGS MO 64015 0 0 42-640-08-43-01-0-00-000 THOMAS MICHAEL & AMY C 1901 SW WALL STREET CIR BLUE SPRINGS MO 64015 0 0 VARIANCE VAR-10-19-7114 Park Ave. 5th Plat 1909 & 1913 SW Wall St. Cir. BA Exhibit #6  October 28, 2019 Ref: Public Hearing: Vacation | VAC-10-19-7114 “Park Avenue 5th Plat, Lots 123 & 124” 1901 & 1913 SW Wall St. Cir. Parcel # 42-640-08-46-00-0-00-000 Dear Property Owner: A Public Hearing will be held by the Board of Adjustment to receive comments from interested parties and citizens relative to a request by Travis Graham, owner, to approve a Variance request to Section 405.020, Residential Building Type Standards, to allow a lot that is wider than the allowed maximum lot size of 150’ for the “Detached House – Large Lot” building type and a reduction in the minimum front setback from 30’ to 25’. You are receiving this notice because County records indicate you own property within 185 feet of the boundary of the site in question. Interested parties may view the application materials on file at the Community Development Department located at 903 W Main Street, Blue Springs, MO. A general site location map is enclosed for your information. The hearing will be held in the Howard L. Brown Public Safety Building located at 1100 SW Smith Street, Blue Springs on the following dates: Board of Adjustment – Wednesday, November 13, 2019 @ 6:30 p.m. Your attendance and comments are welcome at these meetings. Questions concerning this matter may be directed to the Community Development Department at 228-0207. Very truly yours, CITY OF BLUE SPRINGS COMMUNITY DEVELOPMENT VARIANCE Karen M. Findora VAR-10-19-7114 Administrative Assistant Park Ave. Enc. 1909 & 1913 SW Wall St. Cir. BA Exhibit #7