Board of Building and Engineering Appeals

AGENDA CITY OF HARRISONVILLE BOARD OF ZONING ADJUSTMENT REGULAR MEETING CITY HALL JULY 14, 2026 6:00 PM 1. Call to Order A. Roll Call 2. Approval of Minutes A. Minutes from the November 10, 2025, meeting. 3. Agenda Items A. Appl. #VAR-26-001—Variance of Chapter 435, Appendix A: Non-Residential Sign Table by Structural Types to Allow for a Side Yard Setback of Approximately 1’ on Property Located at 807 S. Commercial Street - PUBLIC HEARING B. Appl. #VAR-26-001—Variance of Chapter 435, Appendix A: Non-Residential Sign Table by Structural Types to Allow for a Side Yard Setback of Approximately 1’ on Property Located at 807 S. Commercial Street - CONSIDERATION 4. Discussion Items 5. Adjourn Posted on City Hall Bulletin Board this 25th day of June, 2025. __________________________ Daniel Barnett, City Clerk Page 1 of 30 Regular Meeting Tuesday, July 14, 2026 6:00 PM Page 2 of 30 Regular Meeting Tuesday, July 14, 2026 6:00 PM Page 3 of 30 Page 4 of 30 Page 5 of 30 Page 6 of 30 Page 7 of 30 Page 8 of 30 Page 9 of 30  300 E. Pearl Street, P.O. Box 367 • Tel: 816-380-8900 • Fax: 816-380-8906 • Harrisonville, MO 64701 To: Board of Zoning Adjustments From: Christina Stanton, AICP, Director of Community Development Date: June 9, 2026 Re: Appl. #VAR-26-001—Variance of Chapter 435, Appendix A: Non-Residential Sign Table by Structural Types to Allow for a Side Yard Setback of Approximately 1’ on Property Located at 807 S. Commercial Street GENERAL INFORMATION Applicant: Muhamamad Bhatti, 807 S. Commercial St. Requested Actions: Approval of requested variance of Chapter 435, Appendix A: Non- Residential Sign Table by Structural Types to allow for a side yard setback of approximately 1’ on property located at 807 S. Commercial Street Date of Application: May 8, 2026 PURPOSE AND AUTHORITY In accordance with Section 405.610 of the City’s Code, the Board of Zoning Adjustment (BZA) “may decide that there are practical difficulties or particular hardship in the way of carrying out the strict letter of these regulations”. The BZA “may grant variances from the provisions of this Chapter in harmony with its general purpose and intent” based upon the standards listed in Section 405.615, which are listed below in staff’s analysis. The concurring vote of four (4) members of the Board is required for approval of a variance. PROPOSAL Applicant is seeking a variance to the setback requirements pertaining to a proposed elevated sign. Appendix A: Non-Residential Sign Table by Structural Types states that the minimum setback for an elevated sign is 10’. The applicant wishes to utilize an existing sign footing from a prior sign, the prior sign structure itself has been long since abandoned and removed. PREVIOUS ACTIONS Required legal notices have been issued. • May 3, 1967—The Final Plat of Davis Addition, Lots 1& 2 was recorded with the Cass County Recorder’s Office by Instrument #06734. • January 15, 1988—A Building (Sign) Permit (#4148) was issued for a sign to be “attached to post where old sign was”. Unfortunately, staff was not able to located any earlier sign permits and no dimensions were provided for this permit. 1 Page 10 of 30  • May 6, 1993—A Building (Sign) Permit (#93080) was issued for a 4’ x 8’ elevated sign, 12’ from the ground, 10’ from “property line or St.” It does not appear that a setback from the adjacent property line was considered. • May 19, 1995—A Building (Sign) Permit (#95163) was issued for an elevated sign “By road 10’ x 15’, 15 – 20’ on pole”. • October 12, 1999—The Board of Zoning Adjustments approved a variance (#VAR9911) to allow for a larger driveway (75’ as opposed to the maximum of 36’) for the then existing south driveway and to allow for a separation distance of 117’-8” (as opposed to 250’) between the expanded driveway and the new southernmost driveway and a separation distance of only 60’ from the new southernmost driveway to the driveway for the car wash for the Fire Station at 903 S. Commercial Street. • October 20, 2016—The Final Plat of Hawkins Addition, Lots 1 & 2 was recorded with the Cass County Recorder’s Office by Instrument #593666. • June 26, 2025—A Building Permit (#25201) was issued for a commercial alteration for a liquor store. • September 25, 2025—A Building (Sign) Permit (#25427) was submitted for a proposed sign package of a 50’ x 6’ wall sign and the proposed 10’ x 4’ elevated sign, 10’ above ground, with 36” x 12” metal wrapped pole. The permit has not yet been approved since staff learned that the applicant wanted to request a variance to the setback for the elevated sign. • May 8, 2026—The applicant submitted for the requested variance. • June 2, 2027—Staff drove to the site to take pictures for the packet (see attached). Attached pictures are referenced in discussions regarding the site plan and general layout. KEY ISSUES The property is currently zoned Service Business (C-2) District. The applicant proposes to place a elevated sign approximately 1’ from the southern property line, in order to utilize an existing prior sign footing. The Applicant is seeking a variance to the setback requirements pertaining to a proposed elevated sign. Appendix A: Non-Residential Sign Table by Structural Types states that the minimum setback for an elevated sign is 10’. The applicant wishes to utilize an existing sign footing from a prior sign. The applicant is requesting a variance of 9’ from the required 10’ setback. Regarding Municipal Code: 405.615 Standards A. The Board of Zoning Adjustments may vary the provisions of this Chapter as authorized in this Section, but only when it shall have made findings based upon evidence presented to it in the following specific cases: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located; The property can yield a reasonable return. The property would still be used as a liquor store if the variance is not granted. The applicant would either install the proposed elevated sign in an approvable location or forego installing an elevated sign. The property owner has already had the 50’ x 6’ (300 sqft.) wall sign installed (as shown in 2 Page 11 of 30  the site pictures attached). The owner claims that installing the sign in the location allowed by Code “would create traffic flow and safety concerns within the parking lot” by reducing “the ability to turn around”. 2. The plight of the owner is due to unique circumstances; This standard typically refers to the shape of the lot, topographical conditions, or other unique physical surroundings of the property such as existing utilities. While the shape of this lot is irregular, the irregularity of the shape of the lot in question does not directly impact the placement of the sign. It could be argued that the shortened front parking area is unique; however, when looking at other properties along S. Commercial Street in this area most appear to have the same building setback and parking area (as can be observed from the attached Ariel Map). It is worth noting that most of these businesses do not have an elevated sign, as can be observed from the Google Maps Street Views (shown on page 7 of the Site Pictures and Street Views attachment). 3. The variance, if granted, will not alter the essential character of the locality. The variance, if granted, could potentially alter the essential character of the locality as very few businesses in the immediate area have elevated signs. The encroachment is towards the neighboring property to the south, the Fire Department. The Fire Chief, Rusty Sulliavan, has stated that he does not believe that the proposed sign will create any visual issues for staff driving the fire trucks. B. For the purpose of supplementing the above standards, the Board of Adjustment shall also, in making the determination of whether there are practical difficulties or particular hardship, take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence: 1. The particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out; The particular physical surroundings and location of the existing property does bring a particular hardship upon the property owner in terms of the proposed elevated sign; however, the property owner has already install a fairly large wall sign making any additional signage redundant. Staff concedes that to place an elevated sign 10’ from the southern property line, as required by Code for such sign could create difficulty in utilizing the southernmost two parking spaces as shown on the sniped site plan on the following page. 3 Page 12 of 30 2. The conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification; The requested variance stems from the applicant’s desire to utilize and existing sign footing from a prior sign that has not existed from a number of years. Several other properties in the vicinity have similar building setbacks and parking, most do not have an elevated sign. 3. The alleged difficulty or hardship has not been created by any person having an interest in the property at any time after the effective date of this Chapter; The effective date of this chapter was in 1991. The building, while recently remodeled, was originally built in 1945 (according to the County Assessor’s Mapper). The original sign placement, which is evidenced by the remaining sign footing, is of an unknown date though records indicate that sign permits for revised signs were approved in 1988, 1993, and 1995. 4. The granting of the variance will not be detrimental to the public welfare in the neighborhood in which the property is located; The granting of the requested variance will not result in a detriment to the public welfare in the neighborhood. The variance would allow the property owner to install the proposed elevated sign approximately 1-foot from the southern property line. 5. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the danger of fire or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. 4 Page 13 of 30  The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the danger of fire or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. STAFF COMMENTS AND SUGGESTIONS In support of the requested variance are the facts that: • The Fire Chief has stated he does not believe that the proposed sign will create any visual issues for staff driving the fire trucks; and • The granting of the variance will not result in a detriment to the public welfare or negatively impact the adequate supply of light and air to adjacent property or increase the danger of fire or otherwise endanger the public safety or diminish or impair surrounding property values. STAFF RECOMMENDATION Staff recommends approval of the requested variance. ATTACHMENTS Application and Supporting Documentation Site Pictures and Street Views Hawkins Addition, Lots 1 & 2 Zoning Map Aerial Map 5 Page 14 of 30 Page 15 of 30 Page 16 of 30 Page 17 of 30 Page 18 of 30 Page 19 of 30 Page 20 of 30 Picture of Existing Prior Sign Footing: Page 1 of 7 Page 21 of 30 Approximately 10’ from the southern property line would nearly line up with the existing storm sewer (shown on the other side of the trailer below): Page 2 of 7 Page 22 of 30 Picture of Site (Building and Parking Area) Directly Across from Storm Sewer: Page 3 of 7 Page 23 of 30 Next 5 Pictures Show Property from Across S. Commercial Street: Page 4 of 7 Page 24 of 30 Page 5 of 7 Page 25 of 30 Page 6 of 7 Page 26 of 30 Google Maps Street View Looking North on S. Commercial Street: Google Maps Street View Looking South on S. Commercial Street: Page 7 of 7 Page 27 of 30 Page 28 of 30 Page 29 of 30 Page 30 of 30