Board of Adjustment

Board of Adjustment Agenda Wednesday January 8, 2020 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, January 8, 2020 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 / APPROVAL OF MINUTES • September 11, 2019 • November 13, 2019 2. PUBLIC HEARING – VARIANCE – VAR-12-19-7180 – “Eagles Ridge Villas PR-O 2nd Plat, Lot 63” – 8011-8013 SW 1st Street Exhibits: 1. Staff Report with attachments 2. Application with attachments 3. Affidavit of Publication in The Examiner, December 21, 2019 4. 185-ft. Notification Map 5. Names/addresses of property owners w/in 185 ft. of site 6. Copy of letter sent to said property owners 7. Unified Development Code “UDC” (By Reference) 3. PUBLIC HEARING – VARIANCE – VAR-12-19-7181 – “Visa Estates 2nd Plat, Lot 176” – 205 SW 27th Street Exhibits: 1. Staff Report with attachments 2. Application with attachments 3. Affidavit of Publication in The Examiner, December 21, 2019 4. 185-ft. Notification Map 5. Names/addresses of property owners w/in 185 ft. of site 6. Copy of letter sent to said property owners 7. Unified Development Code “UDC” (By Reference) 4. OTHER BUSINESS – The next scheduled meeting is Wednesday, February 12, 2020 5. ADJOURN BA – 01.08.2020  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 January 3, 2020 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 – 01.08.2020  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, September 11, 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, September 11, 2019 with the following members and guests in attendance. MEMBERS Brian Ross Frederick Manning PRESENT Laurie Hatfield, Vice Chair Nancy Yendes DeWayne Duhon, Chair Jon Burke STAFF / OTHERS Mike Mallon, Assistant Director, Community & Economic Development Matt Wright, Senior Planner Jackie Sommer, City Attorney Ron Amos, Alt. Member 1 LaKeisha Veal, Planning Commission Alt. Karen Findora, Recording Secretary Brittany Murray , Public Stenographer CALL TO ORDER / DeWayne Duhon, Chair, 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 Laurie Hatfield made a motion to approve the June 12, 2019 meeting minutes, Seconded by Board Member Frederick Manning, and a unanimous vote, the Minutes of June 12, 2019, were approved as submitted. Chairperson 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. AGENDA ITEM 2 Chairperson Duhon opened the public hearing at 6:34 p.m. with a request for exhibits PUBLIC HEARING from the City Attorney. Ms. Jackie Sommer entered Exhibits 1 thru 8 for Agenda Item 2 VARIANCE / VAR- into the public record on behalf of the applicant. 08-19-7047 / “Dental 09.11.2019 kf Page 1 of 5 Depot” / 1500 SW 7 Exhibits: Highway 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 within 185 ft. of site 7. Copy of letter sent to said property owners 8. Unified Development Code “UDC” (By Reference) STAFF COMMENTS Matt Wright, Senior Planner, stated that before the Board is a Variance from the UDC Section 405.030 to reduce the rear setback from 25-ft. to 15-ft. for a new building addition. The property is located at the southeast corner of SW 7 Highway & SW Keystone Drive. This is the location of a former QuikTrip. The site is zoned “GB” (General Business). It is classified as a General Commercial Building which requires a 25-ft. rear yard setback. The applicant, Dental Depot is a medical services dental office. The applicant is proposing new additions to the building to the south, as well as to the west of the existing building. 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 buildable area on the lot has limited options for expansion due to the parking and access limitations on the corner lot. Mr. Wright stated that although the building setback expansion will encroach on adjacent residential zoning, the existing property to the east is utilized as a detention basin for the Keystone Plaza property to the south. Therefore, the building expansion doesn’t encroach on any buildings or residences. Not permitting the expansion to the south will result in the applicant to further extend to the west, which will further reduce parking and access. Existing access drives to the south of 7 Hwy. and Keystone Drive can’t be relocated due to the proximity to the signalized intersection. Mr. Wright stated that staff believes that in granting this variance that it won’t adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. Granting the variance will allow a site that has been vacant for a few years to be utilized by the intent which will have a positive impact on the neighborhood by reducing the potential for future blight. QUESTIONS Chair Duhon, questioned the setback. Mr. Wright stated that it would be a 10-ft. variance from the 25-ft. setback, which would allow a 15-ft. setback from the east property line. Mr. Wright stated that the existing setback is a legal non-conforming setback, so the variance is only for the new addition. Chair Duhon, asked how many parking spaces are required. Mr. Wright stated that he believes 27 spaces and the applicant is proposing 32 spaces. Member Ron Amos asked if the entire building need to be brought into conformance if the expansion of 25 %. Mr. Wright stated that the 25% does require the applicant to bring up the parking, landscaping, buffering and things like that, but it does not require the entire building to be brought into compliance with setbacks. 09.11.2019 kf Page 2 of 5  Member Nancy Yendes asked if there were landscaping enhancements taking place to mitigate its impact on adjacent properties. Mr. Wright stated that the applicant is required to add the landscape buffer to the back of the building. He stated that currently, the applicant is short on the landscaping but that is being reviewed with the Site Plan/Design Review process. The applicant will likely do an Alternative Landscape Plan and all of that will be looked at by the Planning Commission. APPLICANT Phil Fitzgerald, Fitzgerald & Associates 1434 Sherwood Lane Oklahoma, OK 73116 Mr. Fitzgerald is the applicant representing the owner, Dr. Glenn Ashmore. Mr. Fitzgerald stated that the Doctor is originally from Kansas City and he wants to move back and open a dental business in the area. Mr. Fitzgerald stated that he felt the addition to the building may take some of the 7 Highway traffic noise away from the area neighbors. He also stated that if there is additional landscaping needed, they will adhere to the requirement. Mr. Fitzgerald stated that they have the building setback as is for a couple reasons. There is a hallway going through the middle of the building and they don’t need that additional wall space. WITNESSES IN FAVOR None. WITNESSES OPPOSED None. COMMENTS Member Yendes stated that she feels the corner looks blighted sitting there empty and that this business will improve the area. Board Member Jon Burke agreed with Member Yendes and stated that would be a good use for that corner. Chair Duhon, questioned if the Board should approve the Variance for the full length of the setback instead of just a part of it. Member Yendes stated that Variances are supposed to be what the applicant has requested for their project and is not in favor of giving them more then they requested when they haven’t indicated they need more for their project. HEARING CLOSED With no further testimony to be taken, Chairperson Duhon closed the public hearing at 6:51 p.m. with a request for action on the petition. MOTION Board Member Laurie Hatfield made a motion to approve Variance / VAR-08-19-7047 AGENDA ITEM 2 / “Dental Depot.” PUBLIC HEARING VARIANCE / VAR- 08-19-7047 / “Dental Depot” / 1500 SW 7 Highway SECOND Board Member Brian Ross. 09.11.2019 kf Page 3 of 5 VOTE Brian Ross – Aye Frederick Manning – Aye Laurie Hatfield – Aye Jon Burke – Aye Dewayne Duhon, Chair – Aye Nancy Yendes – Aye (APPROVED 6-Aye, 0-No) Ron Amos – No Vote AGENDA ITEM 3 Board Member Laurie Hatfield nominated Board Member DeWayne Duhon as Chair of NOMINATION the Board of Adjustment for 2019/2020. ELECTION OF Board Member Nancy Yendes seconded the nomination. OFFICERS / With no other nominations, Board Member Yendes moved to close the nominations. CHAIRPERSON MOTION Board Member Nancy Yendes moved to elect DeWayne Duhon as Chair of the Board of AGENDA ITEM 3 Adjustment. ELECTION OF OFFICERS / CHAIRPERSON SECOND Seconded by Board Member Jon Burke. VOTE Brian Ross – Aye Frederick Manning – Aye Nancy Yendes - Aye Jon Burke – Aye Laurie Hatfield – Aye Ron Amos – Aye DeWayne Duhon – Aye (APPROVED 7-Aye, 0-No) AGENDA ITEM 3 Board Member DeWayne Duhon nominated Board Member Laurie Hatfield as Vice NOMINATION Chair of the Board of Adjustment for 2019/2020. ELECTION OF Board Member Frederick Manning seconded the nomination. OFFICERS / VICE With no other nominations, Board Member Yendes moved to close the nominations. CHAIRPERSON MOTION Board Member Nancy Yendes moved to elect Board Member Laurie Hatfield as Vice- AGENDA ITEM 3 Chair of the Board of Adjustment for 2019-2020. NOMINATION ELECTION OF OFFICERS / VICE- CHAIRMAN SECOND Board Member Frederick Manning. VOTE Brian Ross – Aye Frederick Manning - Aye Nancy Yendes - Aye Jon Burke – Aye Laurie Hatfield – Aye Ron Amos – Aye DeWayne Duhon – Aye (APPROVED 7-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, October 9, 2019. 09.11.2019 kf Page 4 of 5 ADJOURN With no further items to come before the Board, a motion was made by Board Member Laurie Hatfield, and seconded by Board Member Frederick Manning to adjourn at 6:58 p.m. motion carried unanimously. _____________________________________________ Karen Findora, Recording Secretary ____________________________________________________________ DeWayne Duhon, Chair Date 09.11.2019 kf Page 5 of 5  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, November 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, November 13, 2019 with the following members and guests in attendance. MEMBERS Brian Ross Nancy Yendes PRESENT DeWayne Duhon, Chair Jon Burke STAFF / OTHERS Tom Cole, Director, Community & Economic Development Mike Mallon, Assistant Director, Community & Economic Development Matt Wright, Senior Planner Jackie Sommer, City Attorney Brittany Murray, Public Stenographer CALL TO ORDER / DeWayne Duhon, Chair, called the meeting to order at 7:10 p.m. with a request that everyone stand for the Pledge of Allegiance. Chairperson Duhon advised the audience of the manner in which the Public Hearing would be conducted and noted that as the Board consists of four (4) voting members; a concurring vote (unanimous vote) of four (4) would be required to pass any motion. AGENDA ITEM 2 Chairperson Duhon opened the public hearing at 7:12 p.m. with a request for exhibits PUBLIC HEARING from the City Attorney. Ms. Jackie Sommer entered Exhibits 1 thru 8 for Agenda Item 2 VARIANCE / VAR- into the public record on behalf of the applicant. 10-19-7114 / “Park Avenue 5th Plat, Lots Exhibits: 123 & 124 / 1909 & 1. Staff Report with attachments 1913 SW Wall St. Cir. 2. Application with attachments 3. Letter of Uniqueness, dated October 18, 2019 11.13.2019 mw Page 1 of 4  4. Affidavit of Publication in The Examiner, October 26, 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 Mike Mallon, Assistant Director, Community & Economic Development, stated that COMMENTS before the Board is a Variance in the Park Avenue subdivision, Lots 123 and 124, from UDC Section 405.020 (Residential Building Type Standards) to allow a wider lot (150- ft. max. to 180-ft.) than allowed under the “Detached House – Large Lot” building type and to reduce the required front yard setback from 30-ft. to 25-ft. The applicant is proposing to combine two lots into one lot and build a single-family house. The subdivision was developed when setbacks were based on the “SF-7” zoning, which would treat every lot as a “Detached House – Neighborhood Lot” under the current UDC. However, by combining the two lots, the new lot would fit within the “Detached House – Large Lot” requirements, which has different frontage widths and setbacks. Setbacks are now based on building type and not the zoning district. The platted build line on the lots are 25-ft., which is consistent with the variance request and how other homes in the subdivisions have been built. Mr. Mallon reviewed the variance criteria as provided in the staff report. QUESTIONS Board Member Nancy Yendes asked if the lots had been combined yet. Mr. Mallon responded that he does not believe that they have been combined. Board Member Yendes asked if there was any reason why the lots couldn’t be built on separately. Mr. Mallon responded that he did not believe there were any issues with the lots being built on separately, but would let the applicant provide more information. Chair Duhon stated that if there is financing involved with developing the property it would be a challenge with two separate lots and one house and advantage in combining the lots into one. Mr. Mallon stated that the lots would have to be combined as building code would not allow a house to be built over a property line. Board Member Brian Ross asked if it was possible to build the house at the 30-ft. setback and still meet the requirements. Mr. Mallon responded that based on the house that is being proposed, if the house were built at a 30-ft. front setback it would not be able to meet the 30-ft. rear setback. APPLICANT Travis Graham, Graham Development KC, LLC 1701 SW 40 Hwy. Ste. 205 Blue Springs, MO 64015 Mr. Graham is working with a customer who is interested in building a house but can’t fit it on one lot, so they’re interested in buying both lots to combine. However, they can’t meet the setback with the 30-ft. setback. If they meet the 30-ft. front, they would have to request a variance to the 30-ft. rear which would push the house back closer to Liggett Road. It would be more desirable to have the 25-ft. front. Board Member Yendes asked if there was any reason the two lots couldn’t support a different house separately. Mr. Graham responded that this is the house the potential buyer would like to build and the lots have been vacant for 12 years, but they could still be built on separately. 11.13.2019 mw Page 2 of 4 WITNESSES IN None. FAVOR WITNESSES Alan Saighman OPPOSED 1917 SW Wall St. Cir. Blue Springs, MO 64015 John Carnel 1912 SW Wall St. Cir. Blue Springs, MO 64015 COMMENTS Mr. Saighman stated that the back half of the lots are wooded and there will need to be a lot of earth movement to make it attractive for someone to build. There would be quite a bit of costs. He also expressed concerns that there is a conflict of interest with Mr. Graham being a liaison of the Board of Adjustment. Chair Duhon stated that Mr. Graham is a non- voting member and represents the Planning Commission. Mr. Saighman thought that the house should be re-designed to fit the setback requirements for the lot and had concerns that all of the other houses built previously had to meet the rules, why should the rules change now? Chair Duhon asked for clarification on what Mr. Saighman was in opposition to. Mr. Saighman responded that he did not want to see the setback reduced and stated that his house had a 42-ft. front setback. Mr. Carnel stated that no other houses have been allowed to be split in the neighborhood. He also had concerns regarding the impact to HOA dues by the loss of a house. He had concerns that this variance would allow the applicant to do what nobody else in the neighborhood has been able to do. Mr. Graham stated that there has been another house where the lots had been combined. Board Member Yendes asked to see an aerial. Mr. Graham pointed out other homes on SW Wall St. that had previously been two lots combined into one for larger houses. Mr. Graham also stated that the subdivision minimum for a ranch was 2,200-sf. and the potential buyer is requesting to build a 3,600-sf. ranch. Board Member Yendes asked staff how this request is not a result of the owner’s intentional actions as part of the variance review criteria. Mr. Mallon responded that the change in regulations were a result of the City as part of the 2015 Unified Development Code and not the owner. Mr. Graham stated that more trees would be saved with one house being built on a combined lot than two houses being built on two lots. Mr. Carnel stated that the HOA documents reference the construction of harmonious structures and had concerns that the change in setback would not be harmonious. Mr. Graham stated that if two houses were built they would be built at the 25-ft. setback, as allowed. Board Member Yendes clarified that the Board is not looking at private covenants to make their decision. 11.13.2019 mw Page 3 of 4 HEARING CLOSED With no further testimony to be taken, Chair Duhon closed the public hearing at 7:44 p.m. with a request for action on the request. Chair Duhon stated that the subdivision has various setbacks, but many were probably built at the 25-ft. setback which is the standard. He also thought that the large house will have a positive impact on values and would take down fewer trees. Board Member Yendes was appreciative of staff’s explanation of whether or not this was a result of the owner’s intentional actions. MOTION Board Member Jon Burke made a motion to approve Variance / VAR-10-19-7114 / “Park AGENDA ITEM 2 Avenue 5th Plat, Lots 123 & 124.” PUBLIC HEARING VARIANCE / VAR- 10-19-7114 / “Park Avenue 5th Plat, Lots 123 & 124” / 1909 & 1913 SW Wall St. Cir. SECOND Board Member Brian Ross. VOTE Brian Ross – Aye Jon Burke – Aye Dewayne Duhon, Chair – Aye Nancy Yendes – Aye (APPROVED 4-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, December 11, 2019. ADJOURN With no further items to come before the Board, a motion was made by Board Member Nancy Yendes, and seconded by Board Member Jon Burke to adjourn at 7:48 p.m. Motion carried unanimously. _____________________________________________ Karen Findora, Recording Secretary ____________________________________________________________ DeWayne Duhon, Chair Date 11.13.2019 mw Page 4 of 4  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: January 8, 2020 Agenda Item: 2 Case File Number: VAR-12-19-7180 Project Name: 8011-8013 SW 1st Street Type of Application: Variance Request: Approval of a 5.6-foot variance from the minimum side setback required by the underlying TF/PR-O Zoning District in the Eagles Ridge development. Applicant: Bryan Rahn | Blue Springs Safety Storage South LLC Property Owner: Blue Springs Safety Storage South LLC Surveyor: Branton Ladwig | Ladwig & Associates LLC Engineer: N/A Architect: N/A Location (Address): 8011-8013 SW 1st Street General Location: West of SW 1st St. & +/- 675’ north of SW Major Rd. Area: 12,922 +/- sq. ft. Lots: 1 Lot (Lot 63, Eagles Ridge Villas PR-O 2nd Plat) Existing Zoning: “TF/PR-O” (Two-Family / Planned Residential Overlay) Existing Land Use: Undeveloped Proposed Land Use: Two-Family House Comprehensive Plan Neighborhood Designation: Attachments: Site Location Maps Variance Application Planner: Nathan Jurey, Senior Planner VARIANCE VAR-12-19-7180 Eagles Ridge Villas PRO-2nd Plat, Lot 63 8011-8013 SW 1st St. BA Exhibit #1 Page 1 of 4  Project: 8011-8013 SW 1st Street Case: VAR-12-19-7180 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting approval of a five and six-tenths (5.6) foot variance from the underlying TF/PR-O Zoning District of the Eagles Ridge development. Ordinance 4694 amended the Planned Residential Overlay for the Eagles Ridge development and requires that duplexes in the TF/PR-O Zoning District maintain a minimum total side yard setback of twenty (20) percent of the lot width. The lot is 118.21 feet wide at the Build Line and thus requires a 23.6-foot total side yard setback. The applicant is requesting approval of a variance to allow an eighteen (18) foot total side yard setback. The applicant is requesting this variance due to the unique shape of the property. PREVIOUS ACTIONS/APPROVALS: • On October 3, 2016, City Council approved rezoning a 38.20 +/- acre portion of the property from MF-14 / PR-O to TF / PR-O (RZ-08-16-5436). • On October 9, 2017, Planning Commission approved the Amended Preliminary Plat encompassing 111.9 +/- acres (PP-09-17-6007). • On October 16, 2017, City Council approved the Amended PR-O Concept Plan (PROC-09- 17-6008), encompassing 111.9 +/- acres (Ord. 4694). • On September 23, 2019, Planning Commission approved the PR-O Final Plan for Eagles Ridge Villas PR-O 2nd Plat, encompassing 10.71 +/- acres (PROF-09-19-7060). • On October 7, 2019, City Council approved the Final Plat (PF-09-19-7059) for Eagles Ridge Villas PR-O 2nd Plat, encompassing 10.71 +/- acres (Ord. 4854). FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: If the Variance is approved, a building permit may be submitted for the proposed building. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: “TF/PR-O” (Two-Family/Planned Future Two-Family Residential Residential Overlay) South: “TF/PR-O” Two-Family Residential East: “Local Road” (Right-of-Way) SW 1st Street West: “TF/PR-O” Open Space Page 2 of 4  Project: 8011-8013 SW 1st Street Case: VAR-12-19-7180 VARIANCE CRITERIA: On October 16, 2017, City Council approved the Eagles Ridge Amended PR-O Concept Plan (PROC-09-17-6008) with the passage of Ordinance 4694, which created the TF/PR-O Zoning District for the Eagles Ridge PR-O development. Since the original Eagles Ridge PR-O development was approved under the 1996 UDC provisions, the Ordinance approved the continuance of these provisions in the underlying TF/PR-O Zoning District. Thus, the underlying TF/PR-O Zoning District has the following regulations in the Eagles Ridge development: • Side yard. The total side yard setbacks shall be a minimum of twenty percent (20%) of the width of the lot, except that a zero (0) lot line setback may be used if there is compliance with the privacy assurance requirements in Section 408.030(F) of the Multi-Family Residential Design Standards. The applicant is requesting to reduce the required total side yard setback from a minimum of 23.6-feet (i.e. 20% of the 118.21-foot wide lot) to the proposed 18-feet. The Board of Adjustment shall review the following items when considering this requested 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: As part of the Eagles Ridge Villas PR-O 2nd Plat, staff reviewed the subject property for compliance with the UDC, including both minimum lot width and lot size. The property was found in compliance and thus, the Final Plat was approved in October 2019. However, none of the building designs approved via the Eagles Ridge PR-O fit on this property. None of the approved buildings fit because the property is uniquely shaped like a triangle. The property is 118.21-feet wide at the front Build Line and thus requires a minimum total side yard setback of 23.6 feet (20% of 118.21 feet). However, the property is only 72.6-feet wide at the rear of the proposed building. If calculated at this point, the total side yard setback would only be 14.5-feet wide at minimum, but the Code requires this to be calculated at the front Build Line. For comparison, most other lots on the same block only require a 14-foot setback because they are rectangular in shape and only 70-feet wide at the Build Line. Thus, the proposed 18- foot total side yard setback is closer to matching the side setback required for the rest of the block. 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 house does not adversely affect any vested rights, such as utility easements. The proposed building does not encroach on the existing 10-foot utility easement. Additionally, approval of the requested variance allows the owner to construct a house that is more similar to other houses in the neighborhood, in terms of size and layout. 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; Page 3 of 4  Project: 8011-8013 SW 1st Street Case: VAR-12-19-7180 Staff Response: Staff believes the strict application of the zoning regulations would create an unnecessary hardship or practical difficulty on the property owner. To strictly comply, a new building design would need to be added to the already approved PR-O Final Plan. This would result in a building design and layout that does not match other buildings within the subdivision. Approval of the requested variance allows the building to encroach into the 20% total side yard setback requirement. 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 by the approval of this variance. 5. Granting the variance desired would not violate any requirements set forth by State or Federal agencies. Staff response: This will not violate any State or Federal requirements known to staff. 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 E agle sRid geV illa sPRO2ndP lat-8 011 /80 13S W 1 stS t V AR-1 2-1 9-7 180 W illo wTreeP ark SWChe lms fordD r S W 4 thS t SW3rdS t S W W ebs terD r S W S 2n W d C Te ar so r Dr nS SITE DW r Te n SW1st St n es se e SW Laure lDr SWLaurel Dr d rR Majo SE n lD ia r SWMajorRd o Clo E S S E6 T HS DND E R ELIN T S 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 E agle sRid geV illa sPRO2ndP lat-8 011 /80 13S W 1 stS t V AR-1 2-1 9-7 180 S ITE S W C S ar W so 2n n d D Te r r Dr S W Te n n es se e SW1st St SWLaurel Dr SWLaurel Dr SWMajorRd 0 9 0 ¯ 1 80 3 60F eet By Nathan Jurey at 9:00 am, Dec 30, 2019 VARIANCE VAR-12-19-7180 Eagles Ridge Villas PRO-2nd Plat, Lot 63 8011-8013 SW 1st St. BA Exhibit #2 VARIANCE VAR-12-19-7180 Eagles Ridge Villas PRO-2nd Plat, Lot 63 8011-8013 SW 1st St. BA Exhibit #3 E agle sRid geV illa sPRO2ndP lat-8 011 /80 13S W 1 stS t V AR-1 2-1 9-7 180 1 4 1 -90 9 -9 3 -0 1 -0 -0 -1 -0 0 0 0 SWChe lms fordD r SW3rdS S W 4 thS t t S W N ewp ortD r 1 4 4 -90 0 -2 4 -0 0 -0 -0 -0 -0 0 0 0 1 4 4 -90 5 -1 0 -1 0 -0 -0 -0 -0 0 0 0 1 4 4 -90 9 -9 1 -0 1 -0 -0 -0 -0 0 0 0 S W C ar so n D r SW Laure lDr d rR Majo SE SWMajorRd n lD ia r o Clo E S S E6 T HS 1 4 4 -90 0 -2 5 -0 0 -0 -0 -0 -0 0 0 0 DND E R ELIN T S VARIANCE VAR-12-19-7180 Eagles Ridge Villas PRO-2nd Plat, Lot 63 ¯ 8011-8013 SW 1st St. BA Exhibit #4 0 0 9 8 10 6 3 e 0Fet PARCELID17 owner owneraddre ownercity ownerstate ownerzipco 41-910-99-03-01-1-00-000 BLUE SPRINGS SAFETY STORAGE SOUTH LLC 1120 NW EAGLE RIDGE GRAIN VALLEY MO 64029 41-940-99-01-01-0-00-000 LAND BANK OF BLUE SPRINGS MISSOURI 903 W MAIN ST BLUE SPRINGS MO 64015 41-940-15-10-00-0-00-000 BLUE SPRINGS SAFETY STORAGE SOUTH LLC 1120 NW EAGLE RIDGE GRAIN VALLEY MO 64029 41-940-20-04-00-0-00-000 BLUE SPRINGS SAFETY STORAGE SOUTH LLC 1120 NW EAGLE RIDGE GRAIN VALLEY MO 64029 41-940-20-05-00-0-00-000 BLUE SPRINGS SAFETY STORAGE SOUTH LLC 1120 NW EAGLE RIDGE GRAIN VALLEY MO 64029 VARIANCE VAR-12-19-7180 Eagles Ridge Villas PRO-2nd Plat, Lot 63 8011-8013 SW 1st St. BA Exhibit #5  December 23, 2019 Ref: Public Hearing: Variance | VAR-12-19-7180 8011-8013 SW 1st Street Variance from Side Setback Part of Parcel # 41-910-99-03-01-1-00-000 Dear Property Owner: A Public Hearing will be held by the Board of Adjustment of the City of Blue Springs to receive comments from interested parties and citizens relative to a request by the applicant, Bryan Rahn, on behalf of the property owner, Blue Springs Safety Storage South LLC, to reduce the cumulative side setback requirement of 20% the lot width to a cumulative 18-foot side setback on a property addressed at 8011-8013 SW 1st Street and generally located west of SW 1st Street and approximately 675 feet north of SW Major Road. 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, January 8, 2020 @ 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 Karen M. Findora Administrative Assistant VARIANCE Enc. VAR-12-19-7180 Eagles Ridge Villas PRO-2nd Plat, Lot 63 8011-8013 SW 1st St. BA Exhibit #6  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: January 8, 2020 Agenda Item: 3 Case File Number: VAR-12-19-7181 Project Name: 205 SW 27th Street Type of Application: Variance Request: Approval of a two (2) foot variance from the minimum rear setback required by Unified Development Code Section 405.020 (Detached House – Neighborhood Lot). Applicant: David Smith | Dave Smith Sales, Inc. Property Owner: Dave Smith Sales, Inc. Surveyor: Lee Bodenheimer | Construction Engineering Services, Inc. Engineer: N/A Architect: N/A Location (Address): 205 SW 27th Street General Location: West of SW 27th St. & +/- 400’ north of SW Walnut St. Area: 9,524 +/- sq. ft. Lots: 1 Lot (Lot 176, Visa Estates 2nd Plat) Existing Zoning: “SF-7” (Single-Family) Existing Land Use: Undeveloped Proposed Land Use: Single-Family House Comprehensive Plan Neighborhood Designation: Attachments: Site Location Maps Variance Application Planner: Nathan Jurey, Senior Planner VARIANCE VAR-12-19-7181 Visa Estates 205 SW 27th St. BA Exhibit #1 Page 1 of 3  Project: 205 SW 27th Street Case: VAR-12-19-7181 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting approval of a two (2) foot variance from UDC Section 405.020 that requires a minimum setback of fifteen (15) foot from the rear property line for “Detached House – Neighborhood Lot” buildings. The proposed setback is thirteen (13) feet from the rear property line. The applicant is requesting this variance due to the unique shaped of the property, which was platted in 1978. PREVIOUS ACTIONS/APPROVALS: • On October 16, 1978, City Council approved Final Plat for Visa Estates 2nd Plat (Ord. 989). FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: If the Variance is approved, a building permit may be submitted for the proposed building. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: “SF-7” (Single-Family) Single Family Home South: “SF-7” (Single-Family) Single Family Home East: “Local Road” (Right-of-Way) SW 27th Street West: Annexed, No Zoning Assigned Single Family Home VARIANCE CRITERIA: The Unified Development Code (UDC) Section 405.020 (Residential Building Type Standards) has the following regulations: Detached House — Neighborhood Lot Frontage width 65 feet to 100 feet Lot Size Area 7,200 square feet to 12,000 square feet Front 25 feet minimum Side 8 feet minimum Setbacks Corner side 25 feet minimum Rear 15 feet minimum Height 35 feet maximum Frontage Type Yard and setback; terrace Design and Performance Standards Building coverage = 40% of lot area maximum Page 2 of 3  Project: 205 SW 27th Street Case: VAR-12-19-7181 The applicant is requesting to reduce the required 15-foot rear setback by two (2) feet to the proposed 13-foot rear setback. The Board of Adjustment shall review the following items when considering this requested 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 subject property is unique because the rear property line creates a “V” shape that significantly reduces the buildable area when compared to a property of similar size. Additionally, this was not a result of the owner’s intentional action, since the property was platted in 1978 and the current owner purchased the property in 2019. 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 house does not adversely affect any vested rights, such as utility easements. Additionally, approval of the requested variance allows the owner to construct a house that is more similar to other houses in the neighborhood, in terms of size and layout. 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. A fifteen (15) foot rear setback requires the house to either be 25.5 feet deep or constructed in an abnormal shape. Approval of the requested variance allows the west corner of the building to encroach only slightly into the 15- foot rear setback requirement. 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 by the approval of this variance. 5. Granting the variance desired would not violate any requirements set forth by State or Federal agencies. Staff response: This will not violate any State or Federal requirements known to staff. 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 3 of 3 By Nathan Jurey at 8:53 am, Dec 30, 2019  V isaE sta tes-2 05S W 2 7thS t V AR-1 2-1 9-7 181 er St NWVesp NW27thS t NWLondonDr SW27thS t SW26thS treet C t SWSydney St SW B urru sOldM illP ark 26 th St hap C s d oo W t W SITE C S el rista Rd SWK SWWalnutSt S W S C WO a xfo SWWoodsC S n hap rdD el Ct WW te r o rb odsC u h ryR ap el R d d SWMoore St 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  V isaE sta tes-2 05S W 2 7thS t V AR-1 2-1 9-7 181 N W 2 7thS t t rS e sp e V NW NWLondonDr SW27thS t SW26thS treet C t SWSydney St SW 26 th St Ct ista r SWK SWWalnutSt S S ITE W S C WO a xfo SWWoodsC n hap rdD el Ct SWW te r rb oodsC u h ryR apel R d d SWMoore St 0 9 0 ¯ 1 80 3 60F eet By Nathan Jurey at 8:53 am, Dec 30, 2019 VARIANCE VAR-12-19-7181 Visa Estates 205 SW 27th St. BA Exhibit #2 VARIANCE VAR-12-9-7181 Visa Estates 205 SW 27th St. BA Exhibit # 3  V isaE sta tes-2 05S W 2 7thS t V AR-1 2-1 9-7 181 r illD NWMill Pl M NW 5 3 1 -80 0 -1 2 -1 0 -0 -0 -0 -0 0 0 0 5 3 1 -80 7 -0 3 -1 0 -0 -0 -0 -0 0 0 0 5 3 1 -80 7 -0 2 -1 0 -0 -0 -0 -0 0 0 0 e VsprS e t W N 5 3 1 -80 0 -1 1 -1 0 -0 -0 -0 -0 0 0 0 5 3 1 -80 7 -0 3 -0 0 -0 -0 -0 -0 0 0 0 5 3 1 -80 0 -1 0 -2 0 -0 -0 -0 -0 0 0 0 r nonD Shn a NW 5 3 1 -80 7 -0 1 -1-00 -0 -0 -0 0 00 5 3 1 -80 7 -0 4 -0 0 -0 -0 -0 -0 0 0 0 5 3 1 -80 0 -1 9 -1 0 -0 -0 -0 -0 0 0 0 SWWalnutSt 5 3 1 -80 7 -0 5 -0 0 -0 -0 -0 -0 0 0 0 5 3 1 -80 7 -0 7 -0 0 -0 -0 -0 -0 0 0 0 5 3 1 -80 7 -0 6 -0 0 -0 -0 -0 -0 0 0 0 5 3 1 -80 0 -1 4 -2 0 -0 -0 -0 -0 0 0 0 5 3 1 -80 0 -1 3 -2 0 -0 -0 -0 -0 0 0 0 VARIANCE VAR-12-19-7181 Visa Estates ¯ 205 SW 27th St. BA Exhibit #4 0 0 9 8 10 6 3 e 0Fet PARCELID17 owner owneraddre ownercity ownerstate ownerzipco 35-810-07-07-00-0-00-000 BOYD GARY ALLEN 2701 WALNUT BLUE SPRINGS MO 64015 35-810-07-13-00-0-00-000 BEAN MELANIE R 129 SW 27TH ST BLUE SPRINGS MO 64015 35-810-10-11-00-0-00-000 HINDS CATHERINE A 2813 SW EMERALD CREEK PL BLUE SPRINGS MO 64015-8890 35-810-07-08-00-0-00-000 REINBOLD JENNIFER S 213 SW 27TH ST BLUE SPRINGS MO 64015 35-810-07-06-00-0-00-000 PRIEST CHARLES ARTHUR & LINDA 2901 W WALNUT BLUE SPRINGS MO 64015 35-810-10-16-00-0-00-000 GREGSTON HARVEY D & MARGARET P 128 SW 27TH ST BLUE SPRINGS MO 64015 35-810-10-17-00-0-00-000 US SFE ASSET COMPANY 4 LLC 5001 PLAZA ON THE LAKE STE 200 AUSTIN TX 78746 35-810-10-24-00-0-00-000 SPRIGGS JOHN SCIPHO 210 SW 27TH ST BLUE SPRINGS MO 64015 35-810-10-19-00-0-00-000 LOS ANGELES CORP 1601 DANBURY CT BLUE SPRINGS MO 64015 35-810-07-11-00-0-00-000 TOMPKINS DORMAN D & CARROL A 209 S 27TH ST BLUE SPRINGS MO 64015 35-810-10-20-00-0-00-000 EVANS MICHAEL S 2639 SW KRISTA CT BLUE SPRINGS MO 64015 35-810-07-12-00-0-00-000 BREWER LAURA 131 SW 27TH ST BLUE SPRINGS MO 64015 35-810-07-09-00-0-00-000 TOMPKINS DORMAN D & CARROL A-TRUSTEES 209 SW 27TH ST BLUE SPRINGS MO 64015 35-810-07-04-00-0-00-000 HAYNIK CONSTANCE R 2909 SW WALNUT ST BLUE SPRINGS MO 64015 35-810-10-18-00-0-00-000 THOLEN CLINTON P & KATHERINE M-TRUSTEES 202 E 27TH AVE KANSAS CITY MO 64116 35-810-07-10-00-0-00-000 TOMPKINS DORMAN D & CARROL A-TRUSTEES 209 SW 27TH ST BLUE SPRINGS MO 64015 35-810-10-23-00-0-00-000 BRONSON RUSSELL J JR & STEPHANIE A 2640 SW KRISTA CT BLUE SPRINGS MO 64015 35-810-07-05-00-0-00-000 OTT DEBRA K 2905 SW WALNUT BLUE SPRINGS MO 64015 35-810-07-03-00-0-00-000 CITY OF BLUE SPRINGS 903 MAIN BLUE SPRINGS MO 64015 35-810-10-12-00-0-00-000 US SFE ASSET COMPANY 4 LLC 5001 PLAZA ON THE LAKE STE 200 AUSTIN TX 78746 VARIANCE VAR-12-19-7181 Visa Estates 205 SW 27th St. BA Exhibt #5  December 23, 2019 Ref: Public Hearing: Variance | VAR-12-19-7181 205 SW 27th Street 2-Foot Variance from Rear Setback Parcel # 35-810-07-10-00-0-00-000 Dear Property Owner: A Public Hearing will be held by the Board of Adjustment of the City of Blue Springs to receive comments from interested parties and citizens relative to a request by the applicant, Dave Smith, on behalf of the property owner, Dave Smith Sales, Inc., to reduce the 15-foot rear setback required by UDC Section 405.020 (Residential Building Type Standards, Detached House-Neighborhood Lot) to the requested 13-foot rear setback on a property addressed at 205 SW 27th Street and generally located west of SW 27th Street and approximately 400 feet north of SW Walnut Street. 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 date: Board of Adjustment - Wednesday, January 8, 2020 @ 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 VARIANCE COMMUNITY DEVELOPMENT VAR-12-19-7181 Visa Estates 2nd Plat, Lot 176 205 SW 27th St. BA Exhibit #6 Karen M. Findora Administrative Assistant Enc.