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Board of Adjustment

Regular Meeting

Blue Springs, MO · February 12, 2020

AgendaMinutes

Minutes

City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, February 12, 2020 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, February 12, 2020 with the following members and guests in attendance. MEMBERS Brian Ross Ron Amos Alt. 1 PRESENT Nancy Yendes Jon Burke, Alt. 2 DeWayne Duhon, Chair STAFF / OTHERS Mike Mallon, Acting Director, Community Development Matt Wright, Acting Assistant Director, Community Development Adams Hilgedick, City Engineer Jackie Sommer, City Attorney LaKeisha Veal, Planning Commission Alt. Karen Findora, Recording Secretary Jim Leacock , Public Stenographer ABSENT Board Member, Laurie Hatfield, Vice Chair Board Member Frederick Manning 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 Ron Amos made a motion to approve the January 8, 2020 meeting minutes, Seconded by Board Member Brian Ross, and a unanimous vote, the Minutes of January 8, 2020, 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. 02.12.2020 kf Page 1 of 4 AGENDA ITEM 2 Chairperson Duhon opened the public hearing at 6:33 p.m. with a request for exhibits PUBLIC HEARING from the City Attorney. Ms. Jackie Sommer entered Exhibits 1 thru 7 for Agenda Item 2 VARIANCE / VAR- into the public record on behalf of the applicant. 01-20-7200 / “903 SE Cedrus Lane” / “The Exhibits: Pines 2nd Plat, Lot 44” 1. Staff Report with attachments 2. Application with attachments 3. Affidavit of Publication in The Examiner, January 25, 2020 4. 185 Ft. Notification Map 5. Names/addresses of property owners within 185 ft. of site 6. Copy of letter sent to said property owners 7. Unified Development Code “UDC” (By Reference) STAFF COMMENTS Matt Wright, Acting Assistant Director, stated that before the Board is a Variance request asking for the approval of a 15-foot variance from the minimum 30-foot rear setback required by the UDC Section 405.020 (Detached House – Large Lot). Due to the design orientation of the house towards SE Cedrus Lane, the north property line is considered the rear property line, which requires a 30-foot rear yard setback. Mr. Wright stated that based on the general layout of the subdivision, staff does believe that the original intent of the development was to build a house facing SE Monterrey Drive, which would have made the north property line a 15-foot side setback and the east property line a 30-foot setback. That would match the setbacks the applicant is requesting, however a variance is needed for the design orientation of the house to reduce the new rear yard setback from 30 to 15-ft. Staff does find that the property is unique due to the location and topography, although many lots in The Pines have topography challenges the subject property is a corner lot in which the house is intended to front Monterrey Drive. To accommodate that a significant amount of fill would need to be removed and retaining wall would need to be constructed on the east property line. If the home was to be built how originally intended a variance would not be needed and it would still match the same setbacks and general building footprint that is being proposed. Mr. Wright stated that under review criteria #2, “Granting the Variance would not adversely affect adjacent property owners or residents,” had a different house design or floor plan been selected the variance wouldn’t be needed even if the footprint of the house would remain the same. Aside from the location of the front door and rear deck there is no difference in the proposed house from a house that could have been built without a variance. The proposed house design is comparable to surrounding homes. Mr. Wright stated that designing a home with the same footprint but oriented towards SE Monterrey Drive would likely look much different from other homes in the subdivision and would have a significant front setback. Due to the minimum house size within the subdivision a house deeper than 40 feet is needed. Staff does recommend approval. QUESTIONS Chair Duhon asked if the home was turned 90 degrees would it meet the required setbacks. Mr. Wright stated that the home would be too wide to fit within the setbacks. The house proposed is a little under 55 ft. wide. A longer deeper home would need to be constructed. Chair Duhon also asked questions regarding stormwater and how that is reviewed. Mr. Wright stated that stormwater is reviewed at the time of the development of the subdivision and not with the individual development of each lot. APPLICANT Josh Ward, H & R Construction, LLC 3400 SE Adams Drive 02.12.2020 kf Page 2 of 4 Blue Springs, MO Mr. Ward stated that he will be the builder as well as the owner of the proposed home. Mr. Ward stated that he didn’t feel it mattered one way or the other which direction the house faced based on the topography of the land, the amount of water that is going to flow that direction isn’t going to change either way. Mr. Ward stated that the orientation of the home on that lot is the only way he can build a home on the lot. He stated that there is a possibly of constructing two retaining walls. The lot has been there since 2005, and there is a reason that lot is still there. Mr. Ward spoke to the HOA and an attorney that sat on the board and they gave Mr. Ward their blessings to move forward as presented. WITNESSES IN FAVOR None. WITNESSES OPPOSED Steven Moore, Resident 2207 SE Monterey Drive Blue Springs, MO Mr. Moore lives directly across the street from the proposed home. Mr. Moore had concerns with viewing the side, garage and deck of the home and how this would affect his property values. John D. Kelly, Resident 2204 SE Pine Gate Circle Blue Springs, MO Mr. Kelly stated that the HOA calls for a home to be built in a specific way and if the proposed home is built facing Cedrus then it won’t fit the area. Mr. Kelly had concerns with the value of homes in the area as well. Mr. Wright stated that the minimum sq. ft. that the city has on record is 1,900 sq. ft., the HOA may have something more restrictive than that. Chair Duhon stated that, that requirement of being a unique piece of land and developing it, you don’t want a home there that will be different and not conformed to the other properties, because that will affect property values. It’s a challenging piece of land. Mr. Ward stated that every corner lot has two addresses and he didn’t ask for an address change for the lot. Mr. Ward stated that if he would face the home towards Monterrey Drive, with the current setback it would have to be less than 40-ft. wide. It will have to be a two- or three-story home with the topography to go that direction and it will look odd. Mr. Ward stated that the home he is proposing will be 2,500 sq. ft. on one level. Ron Amos, Alt. 1 stated that the setback will still be 15-ft. no matter how the home is turned. Board Member Nancy Yendes stated that the question is whether there is a hardship that requires the Board to alter the rear setback. She stated that the applicant can build a home on the lot and questioned how the Board could approve a hardship if a home could be built on the lot. HEARING CLOSED With no further testimony to be taken, Chairperson Duhon closed the public hearing at 7:05 p.m. with a request for action on the petition. 02.12.2020 kf Page 3 of 4

Agenda

Board of Adjustment Agenda Wednesday February 12, 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, February 12, 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 • January 8, 2020 2. PUBLIC HEARING – VARIANCE – VAR-01-20-7200 – “903 SE Cedrus Lane” / “The Pines 2nd Plat, Lot 44” Exhibits: 1. Staff Report with attachments 2. Application with attachments 3. Affidavit of Publication in The Examiner, January 25, 2020 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. OTHER BUSINESS – The next scheduled meeting is Wednesday, March 11, 2020 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 February 5, 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 – 02.12.2020 City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, January 8, 2020 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, January 8, 2020 with the following members and guests in attendance. MEMBERS Ron Amos, Alt. 1 Nancy Yendes PRESENT DeWayne Duhon, Chair Jon Burke, Alt. 2 STAFF / OTHERS Mike Mallon, Assistant Director, Community & Economic Development Nathan Jurey, Senior Planner Jackie Sommer, City Attorney LaKeisha Veal, Planning Commission Alt. Karen Findora, Recording Secretary Brittany Murray , Public Stenographer ABSENT Frederick Manning, Board Member Laurie Hatfield, Vice Chair Brian Ross, Board Member CALL TO ORDER / DeWayne Duhon, Chair, called the meeting to order at 6:33 p.m. with a request that APPROVAL OF everyone stand for the Pledge of Allegiance. MINUTES Board Member Nancy Yendes made a motion to approve the September 11, 2019 and the November 13, 2019 meeting minutes, Seconded by Board Member Ron Amos, and a unanimous vote, the Minutes of September 11, 2019 and the November 13, 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. Due to the fact there 01.08.2020 kf Page 1 of 5 were only four (4) members present, Chairperson Duhon asked both applicants if they would like to proceed. Both applicants stated they would. AGENDA ITEM 2 Chairperson Duhon opened the public hearing at 6:40 p.m. with a request for exhibits PUBLIC HEARING from the City Attorney. Ms. Jackie Sommer entered Exhibits 1 thru 7 for Agenda Item 2 VARIANCE / VAR- into the public record on behalf of the applicant. 12-19-7180 / “Eagles Ridge Villas PR-O 2nd Exhibits: Plat, Lot 63” / 8011- 1. Staff Report with attachments 8013 SW 1st Street 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 within 185 ft. of site 6. Copy of letter sent to said property owners 7. Unified Development Code “UDC” (By Reference) STAFF COMMENTS Nathan Jurey, Senior Planner, stated that before the Board is a Variance request asking for the approval of a 5.6-foot variance from the minimum side setback required by the underling “TF/PR-O” (Two Family / Planned Residential Overlay), zoning district in the Eagles Ridge development. Ordinance 4694 amended the PRO 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 due to the unique shape of the property. Mr. Jurey described the five criteria that the Board of Adjustment reviews in order to see if a variance should be granted for the subject property. Mr. Jurey explained conditions that are unique to the property, specifically the property being significantly wider in front than in back. The final plat was approved in 2019, however none of the building designs approved with the Eagles Ridge development, none of the approved buildings can fit on the subject lot. The variance will not adversely affect adjacent properties or utility easements. It would create an unnecessary hardship for the applicant because a new building design would have to be added to the building designs already approved with the PR-O Final Plan. Granting the variance would not adversely affect the public’s health, safety, morals or welfare. QUESTIONS Board Member Jon Burke asked if the home is as close to the street as they can get. Mr. Jurey stated that is was. Chairperson Duhon wanted clarification of the variance request. He stated in the applicants, application he indicated a 5 ft. 7 in. variance request, and the report reads 5.6 ft. and would like to clarify which variance is needed. 01.08.2020 kf Page 2 of 5 APPLICANT Robert Walquist, Quist Engineering 4138 Hwy. TT Odessa, MO Mr. Walquist stated that the request is for 5.6 ft. WITNESSES IN FAVOR None. WITNESSES OPPOSED None. HEARING CLOSED With no further testimony to be taken, Chairperson Duhon closed the public hearing at 6:53 p.m. with a request for action on the petition. MOTION Board Member Nancy Yendes made a motion to approve Variance / VAR-12-19-7180 / AGENDA ITEM 2 “Eagles Ridge Villas PR-O 2nd Plat, Lot 63.” PUBLIC HEARING VARIANCE / VAR- 12-19-7180 / “Eagles Ridge Villas PR-O 2nd Plat, Lot 63” / 8011- 8013 SW 1st Street SECOND Board Member Ron Amos. VOTE Brian Ross – Absent Frederick Manning – Absent Jon Burke – Aye Nancy Yendes – Aye Laurie Hatfield – Absent John Burke – Aye Dewayne Duhon, Chair – Aye (APPROVED 4-Aye, 0-No) AGENDA ITEM 3 Chairperson Duhon opened the public hearing at 6:54 p.m. with a request for exhibits PUBLIC HEARING from the City Attorney. Ms. Jackie Sommer entered Exhibits 1 thru 7 for Agenda Item 3 VARIANCE / VAR- into the public record on behalf of the applicant. 12-19-7181 / “Visa Estates 2nd Plat, Lot Exhibits: 176” / 205 SW 27th 1. Staff Report with attachments Street 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 within 185 ft. of site 6. Copy of letter sent to said property owners 7. Unified Development Code “UDC” (By Reference) STAFF Nathan Jurey, Senior Planner, stated that before the Board is a variance request for a two COMMENTS (2) foot variance from UDC Section 405.020 (Detached House – Neighborhood Lot), that requires a minimum setback of fifteen (15) foot from the rear property line. The proposed setback is thirteen (13) feet from the rear property line. The applicant is requesting this variance due to the unique shape of the property, which was platted in 1978. 01.08.2020 kf Page 3 of 5 APPLICANT Dave Smith III, Dave Smith Sales 2315 Opossum Hollow Blue Springs, MO Mr. Smith stated that the home he is proposing is a split entry, 1,200ft. on the main floor, and 500 ft. below. Mr. Smith is aware of concerns with water runoff for this property. Mr. Smith stated that Lot 177 currently has a home on it. He purchased that house and the two lots. The original owners since 1982 poured a double wide driveway on the property. It had a rear entry house and the owners poured another slap of concrete. Tuesday, January 7, 2020, Mr. Smith had the concrete removed and hauled away. Mr. Smith feels that this should help elevate the water run off concerns. QUESTIONS Board Member Jon Burke asked the applicant if he made the house 2ft. smaller, so he wouldn’t have to come in front of the Board to request a variance, would it help the water runoff? Mr. Smith stated that he didn’t believe so. WITNESSES IN FAVOR None. WITNESSES OPPOSED Linda Priest 2901 SW Walnut Street Blue Springs, MO Ms. Priest stated that they are concerned with the water run off on to their property. There is also concern of the runoff of the existing house Lot 177. Ms. Priest stated that it sounds like Mr. Smith is working towards helping that issue. Mr. Smith stated that he felt like the removal of 5 loads of concrete will help the water runoff issue. Chairperson Duhon stated that Ms. Priest’s water runoff point is well taken, he stated that the decision of the Board of Adjustment is to see whether or not Mr. Smith can build a house into the setback by 2ft. Mr. Burks question was designed to point out the fact that by making the house 25 1/2 ft. deep from front to back, the Boards approval would not be necessary, Mr. Smith could just build it and be done. Chairperson Duhon stated that it is important when the community comes forward, and he thanked the Priest family for doing so, and it sounds like that Mr. Smith and Ms. Priest have a working relationship. Chairperson Duhon was pleased that the residence are working together and looking out for the betterment of the community. HEARING CLOSED With no further testimony to be taken, Chairperson Duhon closed the public hearing at 7:09 p.m. with a request for action on the petition. MOTION Board Member Jon Burke made a motion to approve Variance / VAR-12-19-7181 / “Visa AGENDA ITEM 3 Estates 2nd Plat, Lot 176.” PUBLIC HEARING VARIANCE / VAR- 12-19-7181 / “Visa Estates 2nd Plat, Lot 176” / 205 SW 27th Street 01.08.2020 kf Page 4 of 5 SECOND Board Member Ron Amos. VOTE Brian Ross – Absent Frederick Manning – Absent Jon Burke – Aye Nancy Yendes – Aye Laurie Hatfield – Absent Ron Amos – Aye Dewayne Duhon, Chair – Aye (APPROVED 4-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, February 12, 2020. 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 7:11 p.m. motion carried unanimously. _____________________________________________ Karen Findora, Recording Secretary ____________________________________________________________ DeWayne Duhon, Chair Date 01.08.2020 kf Page 5 of 5 BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: February 12, 2020 Agenda Item: 2 Case File Number: VAR-01-20-7200 Project Name: 903 SE Cedrus Lane Type of Application: Variance Request: Approval of a 15-foot variance from the minimum 30-foot rear setback required by Unified Development Code Section 405.020 (Detached House – Large Lot). Applicant: H & R New Homes, LLC / Josh Ward Property Owner: H & R New Homes, LLC / Josh Ward Surveyor: Construction Engineering Services, Inc. / Lee Bodenheimer Engineer: N/A Architect: N/A Location (Address): 903 SE Cedrus Lane General Location: Northeast corner of SE Cedrus Lane & SE Monterrey Drive Area: 15,713-sf. (0.36 acres) Lots: 1 Lot (The Pines, Lot 44) Existing Zoning: “SF-12/PR-O” (Large Lot Single-Family/Planned Residential Overlay) Existing Land Use: Undeveloped Proposed Land Use: Single-Family House Comprehensive Plan Neighborhood Designation: Attachments: Site Location Maps Variance Application Planner: Matt Wright, Senior Planner Exhibit 1 Staff Report with Attachments Page 1 of 4 VAR-01-20-7200 903 SE Cedrus Lane Project: 903 SE Cedrus Lane Case: VAR-01-20-7200 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting approval of a 15-ft. variance from Unified Development Code (UDC) Section 405.020 that requires a minimum 30-ft. rear setback for the “Detached House – Large Lot” building type. Due to the design of the house, which is proposed to front on SE Cedrus Lane to the south, the north property line is considered the rear property line. Based on the general layout of the lot, staff believes that the intent of the original development plan was to build a house fronting on SE Monterrey, which would have made the north property line a 15-ft. side setback and the east property line a 30-ft. rear setback. This matches what the applicant is requesting. However, a variance is needed based on the design and orientation of the house to reduce the new rear setback. PREVIOUS ACTIONS/APPROVALS:  The subject property was annexed (A-6-2001) into the City of Blue Springs on February 4, 2002 (Ord. No. 3453).  The Planning Commission approved a Comprehensive Plan Map Amendment (CPA-M-2- 2001) on January 14, 2002.  The Planning Commission approved a Preliminary Plat for The Pines PR-O on January 14, 2002. The Preliminary Plat was revised on May 28, 2002.  The Planning Commission recommended approval of a Rezoning (R-12-2001) from “AG” to “SF-12/PR-O” on January 14, 2002. The City Council approved the Rezoning on February 4, 2002 (Ord. No. 3454).  The Planning Commission recommended approval of a PR-O Concept Plan (PRO-5- 2001) for The Pines PR-O on January 14, 2002. The City Council approved the PR-O Concept Plan on February 4, 2002 (Ord. No. 3454).  The Planning Commission approved a PR-O Final Plan for The Pines PR-O on August 11, 2003.  The Planning Commission recommended approval of a Final Plat for The Pines PR-O 1st Plat on August 11, 2003. The City Council approved the Final Plat on August 18, 2003 (Ord. No. 3590).  The Planning Commission recommended approval of a Final Plat for The Pines PR-O 2nd Plat (amending/replatting the 1st Plat) on March 8, 2004. The City Council approved the Final Plat on March 15, 2004 (Ord. No. 3771). FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: If the Variance is approved, a building permit may be submitted for the proposed house. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: “SF-12/PR-O” (Single-Family) Undeveloped lot (future single- family) South: Right-of-Way SE Cedrus Lane (local street) East: “SF-12/PR-O” (Single-Family) Single-family home West: Right-of-Way SE Monterrey Drive (local street) VARIANCE CRITERIA: The Unified Development Code (UDC) Section 405.020 (Residential Building Type Standards) has the following regulations: Page 2 of 4 Project: 903 SE Cedrus Lane Case: VAR-01-20-7200 Detached House — Large Lot Frontage width 100-ft. min. to 150-ft. max. Lot Size Area 12,000-sf. min. to 1-acre max. Front 30-ft. min. Side 15-ft. min. Setbacks Corner side 30-ft. min. Rear 30-ft. min. Height 35 feet maximum Frontage Type Yard and setback; terrace Design and Performance Standards Building coverage = 40% of lot area maximum The applicant is requesting to reduce the required 30-ft. rear setback by 15-ft. to the proposed 15-ft. 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 due to location and topography. Although many lots within The Pines subdivision have significant topography challenges, the subject property is a corner lot in which the lot was intended to be developed with a house fronting SE Monterrey Drive. However, building the house with that orientation would require significant fill to be removed and a retaining wall to be installed at the rear of the property. If the house were built as originally intended a variance would not be needed as the north property line would be a 15-ft. side setback and the east property line a 30-ft. rear setback, which matches what is being requested by the applicant. 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. Had a different house design and floor plan been selected, a variance would not be needed, even if the footprint of the house remained the same. Therefore, aside from the location of the front door and the rear deck, there is little difference in the proposed house from a house that could have been built without a variance. 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. Based on the orientation of the house, the buildable area of the lot is reduced from 5,416-sf. (34.2% of the lot) to 4,539-sf. (28.6% of the lot). The depth of the buildable lot area is reduced from 55-ft. to 40-ft. Due to the minimum house size within the subdivision and to design and build a house comparable to other houses in The Pines, a house deeper than 40-ft. is needed. Page 3 of 4 Project: 903 SE Cedrus Lane Case: VAR-01-20-7200 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: The requested variance 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 T heP ine s44-9 03S ECe d r u sL n V AR- 0 1 -20 -72 00 SEH em S ITE lo ck EP S eG in ateD r S ECed rusL n S EA S d EWo odR am idg eCt S sD EMo airyP nterreyD kwy r S ETaylo rRd S EFo restR idg eCt S EBeattyC t 0 1 15 ¯ 2 30 4 60F eet T heP ine s44-9 03S ECe d r u sL n V AR- 0 1 -20 -72 00 Ln pess r y S EC SEH emlo ck EP S eG in ateD r S EMo nterreyD r SITE S ECed rusL n S EAd amsD S EWo odR airyP idg eCt kwy ls ideC ir S l EHi S ER S EFo restR id idg eCt geL ineD r S ETaylo rRd S EPin eCt S EBeattyC t S ESh amro ckL n er E8thT S S EAmb erC t 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 1 65 3 30 6 60F eet T 3 T 5 Matt Wright Exhibit 2 Application with Attachments VAR-01-20-7200 903 SE Cedrus Lane N/A for Variances N/A for Variances 1/21/2020 Jackson County, Missouri Property Report Property Report for 41-200-33-07-00-0-00-000 Parcel ID: 41-200-33-07-00-0-00-000 PROPERTY PHOTO Parcel Address: 903 SE CEDRUS LN BLUE SPRINGS MO 64014 Owner Information: WILSON MEGAN E & BRANDON 801 NE SHADY LANE DR KANSAS CITY MO 64118 Complex Name: N/A Mortgage Holder Information: N/A Property Characteristics: Year Built: N/A STREET MAP Approx. Bldg. Area: N/A sq. ft. Neighborhood Tax Code: 7252 + Approx. Area (Sq Ft): 15,712.85 sq. ft. − Approx. Area (Acres): 0.36 acres Land Use Type: 1101 - Vacant Residential Land Tax Code Area: Code: 97 City: Blue Springs Fire: Central Library: Mid Continent School: Blue Springs R-4 AERIAL PHOTO Water: Water District 17 Assessment Information: Tax Year: 2019 + Land Value: − Agricultural: N/A Commercial: N/A Residential: $41,300 Improvements Value: Agricultural: N/A Commercial: N/A Residential: N/A New Construction Value: Agricultural: N/A Commercial: N/A Residential: N/A Total Market Value: $41,300 Total Assessed Value: $7,847 Total Taxable Value: $7,847 Exemptions and Abatements: No exemptions or abatements. Property is not in a CID for which Jackson Community Improvement Dist: County collects a tax or assessment. Property is not in a TIF Plan area or TIF Project TIF Information: area known to Jackson County. https://jcgis.jacksongov.org/propertyreport/PropertyReportPrint.aspx?number=41-200-33-07-00-0-00-000&xmin=-10492075.889725&xmax=-10492012… 1/2 1/21/2020 Jackson County, Missouri Property Report Legal Description THE PINES PR-O 2ND PLAT LOTS 1-51 & TRS A-H---LOT 44 Property Values Value Type Tax Year 2019 Tax Year 2018 Tax Year 2017 Tax Year 2016 Tax Year 2015 Land Value: Agricultural: N/A N/A N/A N/A N/A Commercial: N/A N/A N/A N/A N/A Residential: $41,300 $40,925 $40,925 $39,900 $19,950 Improvements Value: Agricultural: N/A N/A N/A N/A N/A Commercial: N/A N/A N/A N/A N/A Residential: N/A N/A N/A N/A N/A New Construction Value: Agricultural: N/A N/A N/A N/A N/A Commercial: N/A N/A N/A N/A N/A Residential: N/A N/A N/A N/A $19,950 Total Market Value: $41,300 $40,925 $40,925 $39,900 $39,900 Total Assessed Value: $7,847 $7,776 $7,776 $7,581 $7,581 Total Taxable Value: $7,847 $7,776 $7,776 $7,581 $7,581 ELECTED OFFICIALS Jackson County State of Missouri United States County Executive: Representative: Representative: Frank White Jr. (D) Information temporarily unavailable Information temporarily unavailable Individual Legislator: Senator: Senator: Jeanie Lauer (R) - District 5 Information temporarily unavailable Roy Blunt (R) At-Large Legislator: Governor: Senator: Jalen Anderson (D) - District 1 Michael L Parson (R) Claire McCaskill (D) https://jcgis.jacksongov.org/propertyreport/PropertyReportPrint.aspx?number=41-200-33-07-00-0-00-000&xmin=-10492075.889725&xmax=-10492012… 2/2 Exhibit 3 Affidavit of Publication VAR-01-20-7200 903 SE Cedrus Lane PUBLIC NOTICE Variance / VAR-01-20-7200 Rear setback reduction 903 SE Cedrus Lane The Pines 2nd Plat, Lot 44 Parcel #41-200-33-07-00-0-00-000 Notice is hereby given that a public hearing will be held by the Board of Adjustment of the City of Blue Springs on Wednesday, February 12, 2020 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 the applicant, Josh Ward, H&R New Homes LLC, property owner, to reduce the required 30-foot rear setback required by UDC Section 405.020 (Residential Building Type Standards, Detached House Large Lot) to the requested 15-foot rear setback on a property addressed at 903 SE Cedrus Lane and generally located at the northeast corner of SE Cedrus Lane and SE Monterrey Drive. 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 44, THE PINES 2nd PLAT, a subdivision in Blue Springs, Jackson County, Missouri. CITY OF BLUE SPRINGS Board of Adjustment By: Karen Findora, Recording Secretary PUBLISH: Saturday, January 25, 2020 E-MAIL TO THE EXAMINER: legals@examiner.net 01/23/2020 Page 1 of 1 T heP ine s44-9 03S ECe d r u sL n V AR- 0 1 -20 -72 00 y kw airyP 41-200-13-24-00-0-00-000 sD 41-200-33-05-00-0-00-000 am d EA S 41-200-33-10-00-0-00-000 41-200-33-06-00-0-00-000 41-200-13-32-00-0-00-000 41-200-33-09-00-0-00-000 41-200-13-28-00-0-00-000 EP S eG in ateD r S EMo nterreyD r 41-200-13-26-00-0-00-000 41-200-33-08-00-0-00-000 S ETaylo rRd S ECed rusL n 41-200-13-25-00-0-00-000 41-200-13-01-00-0-00-000 41-200-23-01-00-0-00-000 41-200-13-02-00-0-00-000 41-200-13-04-00-0-00-000 S EFo restR idg eCt 41-200-13-03-00-0-00-000 Exhibit 4 185-ft. Notification Map VAR-01-20-7200 903 SE Cedrus Lane 0 1 15 ¯ 2 30 4 60F eet PARCELID17 owner owneraddre ownercity ownerstate ownerzipco 41‐200‐13‐28‐00‐0‐00‐000 KELLY JOHN D 2204 SE PINE GATE CIR BLUE SPRINGS MO 64014 41‐200‐33‐10‐00‐0‐00‐000 GOOS NICHOLAS & KAREN 2201 SE HEMLOCK BLUE SPRINGS MO 64014 41‐200‐33‐09‐00‐0‐00‐000 BARTOLOTTA JEFFERY L & ROBIN A 2205 SE HEMLOCK BLUE SPRINGS MO 64014 41‐200‐33‐08‐00‐0‐00‐000 SHILT MARY CATHERINE & JAMES THOMAS 2209 SE HEMLOCK RD BLUE SPRINGS MO 64014 41‐200‐13‐32‐00‐0‐00‐000 THE PINES OF BLUE SPGS HOMEOWNERS ASSN 2804 NW HUNTER DR BLUE SPRINGS MO 64015 41‐200‐33‐05‐00‐0‐00‐000 REYNOLDS JAMES R JR & HELEN L 1209 NW SCENIC DR GRAIN VALLEY MO 64029 41‐200‐33‐06‐00‐0‐00‐000 BELLAH HOMES LLC PO BOX 346 LEES SUMMIT MO 64063 41‐200‐33‐07‐00‐0‐00‐000 WILSON MEGAN E & BRANDON 801 NE SHADY LANE DR KANSAS CITY MO 64118 41‐200‐13‐26‐00‐0‐00‐000 GUENTHER KYLE K & ALYSSA J 4512 NE KINGSTON DR LEES SUMMIT MO 64064 41‐200‐13‐25‐00‐0‐00‐000 RODMAN TOM & LUDAWN 2207 SE MONTERREY BLUE SPRINGS MO 64014 41‐200‐13‐03‐00‐0‐00‐000 MCMAHAN SCOTT R & SARA L 910 SE CEDRUS LN BLUE SPRINGS MO 64014 41‐200‐13‐02‐00‐0‐00‐000 MCMILLIN GREGORY E & LESLIE E 906 SE CEDRUS LN BLUE SPRINGS MO 64014 41‐200‐13‐01‐00‐0‐00‐000 DUNLAP MONICA 9915 E 18TH ST S INDEPENDENCE MO 64052 41‐200‐13‐24‐00‐0‐00‐000 JOHNSON TERRY RAY & LISA LEANNE 2203 SE MONTERREY BLUE SPRINGS MO 64014 41‐200‐23‐01‐00‐0‐00‐000 ODONNELL FRANCIS & SHANNA 824 SE CEDRUS LN BLUE SPRINGS MO 64014 41‐200‐13‐04‐00‐0‐00‐000 HAINES THOMAS A & SANDRA L 914 SE CEDRUS LN BLUE SPRINGS MO 64014 Exhibit 5 Names/Address 185-ft. VAR-01-20-7200 903 SE Cedrus Lane January 27, 2020 Ref: Public Hearing: Variance / VAR-01-20-7200 903 SE Cedrus Lane Rear setback reduction Parcel #41-200-33-07-00-0-00-000 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, Josh Ward, H&R New Homes LLC, property owner, to reduce the required 30-foot rear setback required by UDC Section 405.020 (Residential Building Type Standards, Detached House Large Lot) to the requested 15-foot rear setback on a property addressed at 903 SE Cedrus Lane and generally located at the northeast corner of SE Cedrus Lane and SE Monterrey Drive. 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, February 12, 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 816-228-0207. Very truly yours, CITY OF BLUE SPRINGS COMMUNITY DEVELOPMENT Karen M. Findora Administrative Assistant Exhibit 6 Enc. Copy of 185-ft. Letter VAR-01-20-7200 903 SE Cedrus Lane

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