Board of Adjustment
Regular MeetingBlue Springs, MO · February 12, 2020
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
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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
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41-200-13-28-00-0-00-000
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41-200-13-04-00-0-00-000
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Exhibit 4
185-ft. Notification Map
VAR-01-20-7200
903 SE Cedrus Lane 0 1
15
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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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