Board of Zoning Adjustment

Kansas City 414 E. 12th Street Kansas City, MO 64106 Agenda Board of Zoning Adjustment Tuesday, October 12, 2021 9:00 AM Virtual 10-12-21 BZA Zoom Link First Published October 6, 2021 Last Published October 6, 2021 The Board of Zoning Adjustment hearing will be held remotely through the video conference platform Zoom. Those wishing to participate should do so using this link: 10-12-21 BZA Zoom Link Those wishing to simply view the hearing may do so via livestream using this link City Planning & Development YouTube *We have also updated our webpage with important information about how to join and participate in the video conference.* OTHER MATTERS 1. The Board of Zoning Adjustment may hold a closed session to discuss legal matters and legal advice pursuant to Section 610.021 (1), RSMO. 2. There may be general discussion(s) regarding current Board of Zoning Adjustment issues. BZA CASES Council District Planner Docket Item 4 AN 0 CD-BZA-2021-00067 – 3262 Gillham Rd -A request to approve a variance to parking requirements on about .11 acres generally located at 3262 Gillham Rd, and any other necessary variances. Owner: Kadim Al-Asady Applicant: See above Affidavit or Meeting Attendance: Attendance 6 JC 00 CD-BZA-2021-00063 – 9818 Summit - A request to approve an appeal of determination of a Short Term Rental (STR) on about .6 acres generally located at 9818 Summit St. Owner: Wheeler Ronald E & Cynthia J-Trustees Page 1 of 9 Board of Zoning Adjustment Agenda October 12, 2021 Applicant: See above Affidavit or Meeting Attendance: Attendance To be continued to November 9, 2021, No Fee 1 ZN 1 CD-SUP-2021-00063 – 5199 NE 80th Ter – A request to approve a special use permit on about 10.7 acres in District B3-2 (Community Business dash 2) located at 5199 NE 80th Terrace to allow for fuel sales, plus any other necessary variances. Owner: Beck-Cal LLC Applicant: Jeffrey Laubach, SBB Engineering, LLC Affidavit or Meeting Attendance: Unknown CPC Recommendation: Approval with Conditions 6 ZN 2 CD-SUP-2021-00065 – 5300 E 155th St - A request to approve a special use permit on about 42 acres in District M1-5 (Manufacturing 1 dash 5) located at 5300 E. 155th Street, to allow for general manufacturing. Owner: The Port Authority of KCMO Applicant: James Wilkins, Ideker, Inc. Affidavit or Meeting Attendance: Unknown To be continued to November 9, 2021, No Fee 6 XW 3 CD-SUP-2021-00066 – 14707 Prospect Ave - Gotcha Covered - A request to approve a Special Use Permit to allow the use of warehousing, wholesaling, and storage in District M1-1 (Manufacturing 1 dash 1) on about 10 acres generally located at the southeast corner of Highway 150 and Prospect Avenue. Owner: Shelly Little, Gotcha Covered, LLC Applicant: Judd Claussen, Phelps Engineering Affidavit or Meeting Attendance: To be continued to November 9, 2021, No Fee 4 JC 4 CD-SUP-2021-00068 – 906 Grand Blvd – AC Hotel, A request to approve a Special Use Permit to allow for a hotel on about 0.23 acres of land generally located at 906 Grand Blvd. Owner: 906 Grand Hospitality LLC Applicant: Roxsen Koch, Polsinelli Affidavit or Meeting Attendance: Unknown CPC Recommendation: Approval with Conditions 4 JC 5 CD-SUP-2021-00070 – 1008 E 44th St – A request to approve a Special Use Permit to allow for a Short Term Rental on about 0.08 acres of land generally located at 1008 E 44th Street. Owner: William Bates Applicant: See above Affidavit or Meeting Attendance: Attendance CPC Recommendation: Approval with Conditions Page 2 of 9 Board of Zoning Adjustment Agenda October 12, 2021 4 AN 6 CD-BZA-2021-00096 – 826 W 54th Ter – A request to approve a variance to the side yard setback on about .25 acres generally located at 826 W 54th Ter, and any other necessary variances. Owner: Aaron and Amy Gaul Applicant: Rob Dagley, Megan Heese (ALH Home Renovations, LLC) Affidavit or Meeting Attendance: Attendance Continued from 8/19/2021 Required Quorum: Ebbitts, Gorenc, Keleher, Otto, Stiller, Bonuchi, Mixdorf 4 AN 7.A CD-BZA-2021-00055 – 901 E 39th St – An appeal to staff’s decision to deny a Certificate of Legal Nonconforming Use. Owner: John Moran Applicant: Steven Lucas Affidavit or Meeting Attendance: Attendance Continued from 8/10/2021 4 AN 7.B CD-BZA-2021-00056 – 907 E 39th St –An appeal to staff’s decision to deny a Certificate of Legal Nonconforming Use. Owner: John Moran Applicant: Steven Lucas Affidavit or Meeting Attendance: Attendance Continued from 8/10/2021 2 JC 8 CD-BZA-2021-00088 – 7901 NW Tiffany Springs Pkwy – A request to approve a variance to the side-setback of a monument sign in a zoning district B3-3 on about 4.37 acres generally located at 7901 NW Tiffany Springs Pkwy, plus any other necessary variances. Owner: Hospitality Properties Trust Applicant: Infinity Signs Affidavit or Meeting Attendance: Attendance Continued from 9/14/2021 3 AN 9 CD-BZA-2021-00097 – 3030 Troost Ave – A request to approve a variance to fencing requirements within the Troost Overlay District on about .4 acres generally located at 3030 Troost Ave, plus any other necessary variances. Owner: Mary Esselman (Operation Breakthrough) Applicant: Chris Jimenez (Clockwork) Affidavit or Meeting Attendance: Attendance Continued from 9/14/2021 To be continued to November 9, 2021, No Fee 6 NM 10 CD-BZA-2021-00098 – 617 W Dartmouth Rd.– A request to approve a variance to the side Page 3 of 9 Board of Zoning Adjustment Agenda October 12, 2021 yard setback in the R-6 district on about .1 acres generally located at 617 W Dartmouth Rd, plus any other necessary variances. Owner: Dustin Burrton Applicant: See above Affidavit or Meeting Attendance: Attendance Continued from 9/14/2021 2 AN 11 CD-BZA-2021-00099 – 1805 Washington St. – A request to approve a variance to the rear yard setback in the R-6 district on about .2 acres generally located at 5723 Mayview Ave, plus any other necessary variances. Owner: Christopher and Wendy Nelson Applicant: See above Affidavit or Meeting Attendance: Attendance Continued from 9/14/2021 5 JC 12 CD-BZA-2021-000101 – 7000 Lee’s Summit Rd – A request to approve a variance to the maximum allowable size of a ground-mounted solar system and to its location in the front yard in zoning district R-7.5 on about 5.42 acres generally located at 7000 Lee's Summit Road, plus any other necessary variances. Owner: Started on Lee Jackson County LLC Applicant: The Solar Guys, LLC Affidavit or Meeting Attendance: Affidavit Continued from 9/14/2021 3 JC 13 CD-BZA-2021-000112 – 2924 Harrison St – A request to approve a variance to the maximum allowable size of a ground-mounted solar system in zoning district R-2.5 on about 0.61 acres generally located at 2924 Harrison St, plus any other necessary variances. Owner: Bryan & Lily Stork Applicant: The Solar Guys, LLC Affidavit or Meeting Attendance: Affidavit Continued from 9/14/2021 3 AN 14.A CD-BZA-2021-000106 – 4332 Forest Ave – A request to approve a variance to the minimum lot width in the R-1.5 district on about .1 acres generally located at 4332 Forest Ave, plus any other necessary variances. Owner: Ben Shrauner (Crown Town Properties, LLC) Applicant: See above Affidavit or Meeting Attendance: Meeting Attendance Continued from 9/14/2021 3 AN 14.B CD-BZA-2021-000123 – 4334 Forest Ave – A request to approve a variance to the minimum lot width in the R-1.5 district on about .1 acres generally located at 4334 Forest Ave, plus any other necessary variances. Page 4 of 9 Board of Zoning Adjustment Agenda October 12, 2021 Owner: Ben Shrauner (Crown Town Properties, LLC) Applicant: See above Affidavit or Meeting Attendance: Meeting Attendance Continued from 9/14/2021 1 JC 15 CD-BZA-2021-000107 – 1514 NE 80th Court – A request to approve a variance to the street side yard setback in the R-7.5 district on about 0.3 acres generally located at 1514 NE 80th Court, plus any other necessary variances. Owner: Ryan Waggener Applicant: See above Affidavit or Meeting Attendance: Attendance Continued from 9/14/2021 4 JC 16 CD-BZA-2021-000108 – 3334 Campbell St – A request to approve a variance to the maximum accessory structure square footage in zoning district R-2.5 on about 0.25 acres generally located at 3334 Campbell St, plus any other necessary variances. Owner: Ronald & Melissa Porter Applicant: Megan hail – Rising Sun EPC Affidavit or Meeting Attendance: Affidavit Continued from 9/14/2021 4 AN 17 CD-BZA-2021-000109 – 3759 Washington St – A request to approve a special exception for fence height in the front yard in the R-6 district on about .2 acres generally located at 3759 Washington St. Owner: Whit Merrifield Applicant: Adam Sachs Affidavit or Meeting Attendance: Affidavit Continued from 9/14/2021 6 AN 18 CD-BZA-2021-00118 – 650 W 67h St – A request to approve a variance to the rear yard setback in the R-6 district on about .3 acres generally located at 650 W 67th St, plus any other necessary variances Owner: Adam Sachs Applicant: See above Affidavit or Meeting Attendance: Attendance Continued from 9/14/2021 3 JC 19 CD-BZA-2020-00097 – 5132 N Cypress Ave – A request to approve a variance to the maximum footprint area of an accessory building and any other necessary variances on about .29 acres of land generally located at 5132 N Cypress Ave. Owner: Eric & Susan Rose Applicant: William Fambrough Affidavit or Meeting Attendance: Attendance Page 5 of 9 Board of Zoning Adjustment Agenda October 12, 2021 Continued from 9/14/2021 Staff Recommends The Following BZA Cases Be Continued To The October 26th Special Meeting Council District Planner Docket Item 4 JC 20 CD-BZA-2021-00110 – 1601 Oak St - A request to approve a variance to the off-street parking requirements for a restaurant in zoning district M1-5 on about 0.17 acres generally located at 1601 Oak Street. Owner: Sugar Magnolia Holdings LLC Applicant: Tom Stiller Squareone Collaboration, Inc Affidavit or Meeting Attendance: Unknown Continued from 9/14/2021 3 AN 21 CD-BZA-2021-00111 – 2836 South Benton Ave – A request to approve a variance to the minimum lot area per unit in the R-2.5 district on about .1 acres generally located at 3836 South Benton Ave, plus any other necessary variances. Owner: Ryan Beckland Applicant: Addison Bliss (Veritas Architecture) Affidavit or Meeting Attendance: Affidavit Continued from 9/14/2021 6 JC 22 CD-BZA-2021-00116 – 6519 Valley Rd – A request to approve a variance to the rear yard setback in zoning district R-6 on about 0.32 acres generally located at 6519 Valley Road, plus any other necessary variances. Owner: Michae; and Jance Fee Applicant: John Rouchka Affidavit or Meeting Attendance: Unknown Continued from 9/14/2021 4 AN 23 CD-BZA-2021-00117 – 1805 Washington St – A request to approve a variance to the street side yard setback in the M1-5 district on about .4 acres generally located at 1805 Washington St, plus any other necessary variances. Owner: Mark Spence Applicant: Chris and Scott (Slaggie Architecture) Affidavit or Meeting Attendance: Affidavit Continued from 9/14/2021 1 AN 24 CD-BZA-2021-00119 – 10450 N Hardesty Ave – A request to approve a variance to the maximum height of a detached garage in the R-7.5 district on about 8.5 acres generally located at 10450 N Hardesty Ave, plus any other necessary variances. Owner: Joe Ferrara Page 6 of 9 Board of Zoning Adjustment Agenda October 12, 2021 Page 7 of 9 Applicant: See above Affidavit or Meeting Attendance: Attendance Continued from 9/14/2021 4 AN 25 CD-BZA-2021-00120 – 811 W 18th St – A request to approve a variance to the rear yard setback in the R-6 district on about .06 acres generally located at 811 W 18th St, plus any other necessary variances. Owner: Nathan Benjamin Applicant: See above Affidavit or Meeting Attendance: Attendance Continued from 9/14/2021 1 AN 26 CD-BZA-2021-00094 – 5000 N Oakley Ave - A request to approve a variance to accessory structure siting requirements in the R-5 district on about .4 acres generally located at 5000 N Oakley Ave, plus any other necessary variances. Owner: Maria Pacheco Applicant: James Ayala Pacheco Affidavit or Meeting Attendance: Unknown 4 JC 27 CD-BZA-2021-00113 – 705 E 39th St - A request to approve a special exception to allow for an eight-foot fence on about 0.14 acres generally located at 705 E 39th Street. Owner: Brenda Horton Applicant: See above Affidavit or Meeting Attendance: Attendance 4 AN 28 CD-BZA-2021-00121- 4646 Roanoke Pkwy - A request to approve a sign variance for a monument sign in the B1-1 district on about .3 acres generally located at 4646 Roanoke Pkwy, plus any other necessary variances. Owner: Plaza Legacy Properties LLC Applicant: Robin Hurshman (KC Sign Express, Inc.) Affidavit or Meeting Attendance: Unknown 2 JC 29 CD-BZA-2021-00122 – 7801 N Strathbury Ave - A request to approve a special exception to allow for a six-foot fence generally located at 7801 N Strathbury Ave. Owner: Miguel Aurich Applicant: See above Affidavit or Meeting Attendance: Attendance 6 NM 30 CD-BZA-2021-00124 – 243 E 72nd Ter - A request to approve a variance to the maximum area of an accessory structure in the R-5 district on about .2 acres generally located at 243 E 72nd Ter., plus any other necessary variances. Page 7 of 9 Board of Zoning Adjustment Agenda October 12, 2021 Owner: David Suroff Applicant: See above Affidavit or Meeting Attendance: Applicant/Owner in Attendance 4 NM 31 CD-BZA-2021-00126- 2636 Belleview Ave - A request to approve a variance to the front yard setback in the residential R-6 district on about 0.073 acres of land generally located at 2635 Belleview Ave., plus any other necessary variances. Owner: John Horvat Applicant: Adam Pfeifer Affidavit or Meeting Attendance: Applicant/Owner in Attendance 4 AN 32 CD-BZA-2021-00045 – 3112 Campbell St - A request to approve a variance to the minimum required side yard setback on about 0.13 acres generally located at 3112 Campbell and any other necessary variances. Owner: Danaher Bryan Applicant: See above Affidavit or Meeting Attendance: Attendance 1 AN 33 CD-BZA-2021-00104 – 2835 NE Vivion Rd. – A request to appeal staff's determination surrounding property violations related to a pole sign on about 18 acres generally located at 2835 NE Vivion Rd. Owner: MIKS LLC Applicant: Sam Devinki (Devinki Real Estate) Affidavit or Meeting Attendance: Attendance Continued from 9/14/2021 5 JC 34 CD-BZA-2021-00105 – 8812 Indiana Ave – A request to appeal staff's decision to deny a Certificate of Legal Nonconforming Use on about 5 acres generally located at 8812 Indiana Ave. Owner: Daniel Johnson Applicant: See above Affidavit or Meeting Attendance: Attendance Continued from 9/14/2021 3 AN 35 CD-BZA-2021-00114 – 3801 Troost Ave – A request to appeal staff's determination surrounding property violations related to the Troost Overlay District on about .3 acres generally located at 3801 Troost Ave. Owner: 1707 LLC Applicant: Patricia Jensen (Rouse Frets White Goss Gentile Rhodes) Page 9 of 9 Affidavit or Meeting Attendance: Attorney Attendance Continued from 9/14/2021 Page 8 of 9 Board of Zoning Adjustment Agenda October 12, 2021 6 AN 36 CD-BZA-2021-00125 – 8303 Wornall Rd – A request to appeal staff's determination to deny a Certificate of Legal Nonconforming Use on about .4 acres generally located at 8303 Wornall Rd. Owner: Dorothy Garrett Applicant: Ronald Shouse Affidavit or Meeting Attendance: Unknown Page 9 of 9