Board of Adjustment

City of Springfield Agenda Board of Adjustment Busch Municipal Building 2nd Floor Conference Room February 3, 2026 1:30 PM 840 Boonville Avenue Springfield, MO 65802 1. ROLL CALL. 2. APPROVAL OF MINUTES. 2.1. November 4, 2025 3. UNFINISHED BUSINESS. 4. COMMUNICATIONS. 5. INTRODUCTION OF ZONING ORDINANCE AS EVIDENCE. 6. HEARINGS. 6.1. Variance 591 320 East Locust Street (Applicant: Barrett Fisk Design Build, LLC) 7. NEW BUSINESS. 7.1. 2026 Board of Adjustment Schedule 7.2. 2026 Election of Officers 8. ADJOURN. In accordance with ADA guidelines, if you need special accommodations when attending this meeting, please notify the Planning and Development office at 417-864-1611 as soon as possible to accommodate your needs. Page 1 of 24  MINUTES OF THE BOARD OF ADJUSTMENT DATE: November 4, 2025 TIME: 1:30 p.m. The regular meeting and public hearing of the Board of Adjustment was held on the above date and time in the Busch Municipal Building, 2nd Floor Conference Room with the following members and personnel in attendance: Billy Kimmons, Vice Chair, Shelby Lawhon, Anthony Brown, and Dee Ogilvy. Absent: Natalee Stinson. Staff: Daniel Neal, Senior Planner, Laura Vales, Assistant City Attorney, and Justin Crighton, Planning and Development Assistant Director. INTRODUCTION OF ZONING ORDINANCE AS EVIDENCE: Daniel Neal introduced the Zoning Ordinance. APPROVAL OF MINUTES: None COMMUNICATIONS: None PUBLIC HEARING: Special Exception 1307 3700 South Glenstone Outer Road Applicant: CPH Consulting, LLC c/o Chick-fil-A Mr. Billy Kimmons opened the public hearing. Mr. Jacob Dymek, 500 W. Fulton Street, Florida representing Chick-fil-A stated that they are requesting a parking deduction from an acquired 69 spaces to a proposed 46 spaces. The primary goal is to increase drive-thru stacking capacity by upgrading from a two-lane system that merges into one, to a full-service dual-lane drive-thru and the renovation will create an outside canopy and meal delivery area, enabling team members to work more efficiently and believes the increased drive- thru efficiency would benefit the restaurant more than additional parking. Mr. Steve Lowery, 453 Maples, Billings, MO, owner stated they have emphasized efforts over the years to keep cars off the access road, including more employees and drive-thru consulting and stated that the remodel would significantly improve the ability to manage traffic flow and prevent road backups. Mr. Daniel Neal, stated that this is a request to allow an additional drive lane while reducing parking, noting that many parking spaces have been coned off and unused since the pandemic (around 2020), noting that the existing parking may be underutilized. He also highlighted the 19-space deficiency (reducing from 65 to 46 spaces, including ADA spaces) and the applicant's efforts to mitigate the parking reduction: • Added bicycle parking (up to 10% reduction credit). • Attempted a cooperative parking agreement with Red Robin (neighbor to the south), which was not yet finalized. • Reduced indoor seating by six seats (from 96 to 90, keeping 24 patio seats). Mr. Neal clarified the Board of Adjustments' authority to grant special exceptions for unique circumstances where parking demand wouldn't justify the full requirement and stipulated that if approved, a building permit must be obtained within one year and that all four members present must vote for approval for the motion to pass; one dissenting vote would result in denial, requiring Chick-fil-A to meet current parking requirements with a revised site plan. Mr. Kimmons closed the public hearing. Board members discussion, questions and observations: Drive-thru vs. Dine-in Ratio: Chick-fil-A reported 75-80% of business comes from the drive-thru, with no anticipated change after the remodel. Page 2 of 24 Traffic Congestion: The proposed changes are expected to "greatly improve" the backup of traffic on Glenstone Outer Road, which can be up to 18 cars during peak hours. COVID-19 Impact: Drive-thru demand has "definitely increased" since the pandemic and has not slowed down. Car Stacking Capacity: The revised dual-lane drive-thru will increase stacking capacity from approximately 28 to 39 cars. Employee Parking: During peak hours, 35-40 staff members’ work. All employees park in the back of Red Robin via an unwritten verbal agreement that has been in place for at least eight years. Seating Configuration: The restaurant currently has 96 indoor seats (to be reduced to 90) and 24 patio seats. Most indoor tables are 4-tops, with one 8-top and two 2-tops. Handicapped Parking: The proposed changes do not affect handicapped parking spaces. Board members noted that high drive-thru usage and the lack of readily available parking often causing customers to leave and the considerable staff count, even with off-site parking, could also factor into the parking demand. Board Action: Mr. Shelby Lawhon motioned to approve Special Exception 1307 (3700 South Glenstone Outer Road); Mr. Anthony Brown seconded the motion passed as follows: Ayes: Kimmons, Brown, Lawhon, and Ogilvy. Nays: None. Absent: Stinson. Special Exception Findings of Fact and Conclusions of Law Approved: 4/0 The granting of the exception would not reasonably be expected to generate parking demand sufficient to justify the parking requirement. Other Findings: None OTHER BUSINESS: None _______________________________ Daniel Neal For Executive Secretary Page 3 of 24  DEVELOPMENT REVIEW STAFF REPORT PROJECT INFORMATION Case Number:Variance 591 Location: 320 E. Locust Street Total Acres: 0.26 acre Applicant: Barrett Fisk Inv., LLC Existing Land Use: Single-family residential BOA Meeting:February 3, 2026 Public Notification: Mail and posted property Staff: Daniel Neal, Senior Planner, (417) 864-1036 Proposed motion:I move to recommend approval of Zoning Variance 591 as submitted in the staff report with the condition that: Prior to an administrative replat and building permits being approved, public sewer must be extended in compliance with the Environmental Services requirements for sewer extension, including Section 4.06.G. This will require public improvement plans that will need to be designed, constructed, and accepted, unless the improvement is escrowed pursuant to the Environmental Services requirements for escrowing public improvement projects (All BOA motions are made in the affirmative). Required Vote: Four BOA members must vote for approval (4 members are a quorum). PROJECT SUMMARY: Request to vary from Sections 36-380(5)(a) and (6)(b)1.c of the Zoning Ordinance to allow lots in a residential replat below the minimum lot size requirements and existing residential structures to remain below the minimum front yard requirements in the R-SF District. LOCATION MAP ZONING MAP Page 1 of 18 Page 4 of 24  DEVELOPMENT REVIEW STAFF REPORT GOOGLE AERIAL OF LANDMARKS, BUSINESSES, AND ATTRACTIONS: GOOGLE STREETVIEW: Page 2 of 18 Page 5 of 24  DEVELOPMENT REVIEW STAFF REPORT PROPERTY HISTORY: The subject property has been zoned R-SF, Single-Family Residential District with two single- family dwellings since the Citywide zoning in 1995. BOARD OF ADJUSTMENT AUTHORITY: Sec. 36-365. - Variances. (1) Jurisdiction and authority. The board of adjustment shall exercise the jurisdiction and authority to vary the strict or literal terms of this article in accordance with the procedures, standards, and limitations contained in this section and section 36-351, board of adjustment. A variance is the remedy created by this power and is part of the board's appellate jurisdiction. It is a discretionary privilege which is granted because strict and literal enforcement of the provisions of this article would, due to special conditions peculiar to a particular property, result in unusual difficulty or hardship. (2) Authorized variance. Variances from the regulations and restrictions contained in this article may be granted by the board of adjustment in the following instances. (a) A variance of the applicable bulk regulations for buildings and structures, including maximum height, required yard areas, and other required open space. (b) A variance of the applicable minimum requirements for lot size, width and depth and setbacks from lot lines. (c) A variance of the applicable off-street parking and off-street loading requirements and ratios. (d) A variance of the applicable spacing and open space requirements. (e) A variance of the design requirements of this article. (f) A variance of the buffer area requirements. (g) A variance to permit the reconstruction of a nonconforming building which has been destroyed or damaged by fire or other casualty, or act of God or the public enemy, to the extent that the cost of restoration of the building to its condition prior to the destruction or damage does not exceed 75 percent of completely reconstructing the building. (3) Standards for variances. The board of adjustment shall not vary the regulations of this article as authorized above unless and until it shall make written findings based upon the particular evidence presented to it in each specific case that: (a) The particular physical surroundings, shape, or topographical condition of the specific property involved would result in an unnecessary hardship upon the owner as Page 3 of 18 Page 6 of 24  DEVELOPMENT REVIEW STAFF REPORT distinguished from a mere inconvenience if the strict letter of the regulations were carried out; and (b) The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same zoning classification; and (c) The purpose of the variance is not based exclusively upon a desire to enhance the value of the property, or increase the return or income therefrom; and (d) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district in which it is located; and (e) The alleged hardship has not been created by any person presently having an interest in the property; and (f) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, or diminish or impair the values thereof; and (g) The proposed variance will not impair an adequate supply of light and air to adjacent property, or cause or substantially increase congestion in the public streets, or increase the danger of fire or the spread of fire, or endanger the public safety; and (h) The variance, if granted, will not alter the essential character of the neighborhood; and (i) The variance requested is consistent with the purposes and intent of this article and the Springfield Comprehensive Plan. (4) Use variances not authorized. The board of adjustment shall not be empowered to vary any of the provisions of this article relating to the use of land, buildings, or structures. (5) Burden on applicant. The applicant for a variance shall bear the burden of producing evidence establishing that the requested variance satisfies the standards set out in subsection (3). (6) Application for variance. An application for a variance may be filed by the owner, including a trustee, of the subject property or by a person having a contractual or possessory interest in the property. Any application filed by a person who is not the owner of the property for which the variance is sought shall be accompanied by evidence of the consent of and authority to act for the owner. The application shall contain the following information and such additional information as the board of adjustment may, by rule, require. (a) The particular provisions or requirements of this article which prevent the proposed construction on, or use of, the property. Page 4 of 18 Page 7 of 24  DEVELOPMENT REVIEW STAFF REPORT (b) The existing district classification of the property. (c) The special conditions, circumstances, or characteristics of the land, building, or structure that prevent compliance with the requirements of this article. (d) The particular hardship which would result if the specified provisions or requirements were to be applied to the subject property. (e) The extent to which it would be necessary to vary the requirements of this article in order to permit the proposed construction on, or use of, the property. (f) An explanation of how the requested variance conforms to each of the standards set out in subsection (3). (g) The names and addresses of all owners of real property, as shown on the records of the county assessor, adjacent to, or within 185 feet of the subject property. The names and addresses shall be compiled by an abstract company, title company, county assessor's office, City of Springfield or attorney at law. (h) A site plan conforming to the requirements of section 36-360, site plan review, of this article. (7) Notice of hearing on variance application. Variance applications shall be submitted not less than 28 days prior to a regularly scheduled board meeting. Upon certification by the director of planning and development that an application for a variance is complete, the director of planning and development shall notify the board of adjustment which shall hold a public hearing thereon at their next regularly scheduled meeting, after giving the notice required by section 36-368, publication and posting of notices. (8) Extent of variance limited. The board, in exercising its authority to grant variances from this article, shall be empowered to vary the provisions of this article only to the extent necessary to relieve or alleviate the demonstrated hardship. (9) Conditions and restrictions. The board of adjustment may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set out in this article to reduce, minimize, or mitigate the effect of such variance upon other property in the neighborhood, and better to carry out the general intent of the article. Failure to comply with any such conditions and restrictions shall constitute a violation of this article. (10) Decision on variance. Within 30 days after the public hearing on a request for a variance, the board of adjustment shall file its written decision on the requested variance, supported by findings of fact and conclusions and list of sections varied with respect to the standards in subsection (3), with the director of planning and development. The director of planning and development shall mail, by first-class mail, a copy of the decision to the applicant and upon each other person who requests in writing to be notified, and he shall also record the board's order in the land records of the county recorder of deeds. Page 5 of 18 Page 8 of 24  DEVELOPMENT REVIEW STAFF REPORT (11) Duration of variance. (a) No order of the board of adjustment granting a variance shall be valid for a period of longer than one year from the date of such order unless the action that precipitated the request for the variance (subdivision of land, construction, change in use, etc.) is commenced within such period and pursued to completion without unnecessary delay on the part of the person holding the title or beneficial interest in the property for which the variance was granted. (b) After conducting a public hearing with the notice required by section 36-368, publication and posting of notices, the board of adjustment may vacate a previous order of the board granting a variance to be null and void if the board finds the conditions that created the need for a variance cease to exist and any actions permitted by the granting of the variance have not commenced. Sec. 36-351. - Board of adjustment. In considering and deciding appeals and applications for variances and special exceptions, the board acts in a quasi-judicial capacity. (4) Conduct of hearings by board of adjustment. Public hearings conducted by the board of adjustment on any matter over which it has jurisdiction shall be subject to the following rules. (a) Any person, or his agent, who has an interest in the subject matter of the hearing shall be afforded an opportunity to present evidence, exhibits and argument, and to question, through the chairman of the board of adjustment, witnesses on all relevant issues, subject to the chairman's imposition of reasonable limitations on the number of witnesses, and the nature and length of testimony and questioning. (b) All testimony at the hearing shall be under oath, or by affirmation, administered by the chairman. (c) The board of adjustment shall have a written record of each public hearing, and the deliberations of the board kept. (d) Members of the board of adjustment shall base their consideration of matters on which the board conducts a public hearing upon the following information and evidence: 1. Testimony, exhibits, and argument presented at the hearing, and not upon direct or indirect communication with any party or representative of such party made outside of the hearing; 2. Reports, memoranda and other materials prepared by the director of planning and development, director of building development services, director of public works, other employees of the City of Springfield or consultants in connection with the application and made a part of the record at the time of hearing; and Page 6 of 18 Page 9 of 24  DEVELOPMENT REVIEW STAFF REPORT 3. Inspections of the site when all interested parties or their representatives have the opportunity to be present, or when no such parties or their representatives are present. (e) The board of adjustment shall adopt, and may from time to time amend, such additional procedural rules as it may deem necessary or desirable for the efficient and orderly conduct of its business. Copies of such rules shall be available in the office of the director of building development services. (5) Required vote. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official of the city, or to decide in favor of the applicant on any matter upon which it is required to act under this article, such as granting a variance or allowing a special exception. (6) Limitation on refiling. No appeal, request, or application to the board of adjustment shall be allowed with respect to the same parcel of land, building, or structure prior to the expiration of six months from the date of the ruling of the board unless a substantial change of circumstances or conditions can be demonstrated by the applicant. (7) Recordation of orders of the board. Whenever the board of adjustment shall have acted upon an appeal, application for special exception, or variance the board shall cause its order granting or denying said appeal or application to be recorded in the land records of the county recorder of deeds, however, no order shall be recorded until the order has become final by the passage of 30 days from the date said order is filed in the department of planning and development without an action being filed in a court of competent jurisdiction challenging the issuance of said order or until a court of competent jurisdiction upholds said order if it is challenged within said 30-day period. Page 7 of 18 Page 10 of 24  DEVELOPMENT REVIEW STAFF REPORT ZONING ORDINANCE SECTIONS SUBJECT TO THE SPECIAL EXCEPTION: Sec. 36-380. - R-SF - Single-family residential district. (5) Lot size requirements. (a) Minimum lot area: 6,000 square feet. (b) Minimum lot width: 50 feet. (c) Minimum lot depth: 80 feet. (6) Bulk and open space requirements. (a) Maximum structure height: 1. When side yards are less than 15 feet in width: 35 feet or two and one-half stories above the finished grade. 2. When side yards are 15 feet in width or greater: 45 feet or three stories above the finished grade. (b) Minimum yard requirements (additional bufferyard may be required by subsection (9): 1. Front yard: a. Twenty-five feet along a street classified as a collector or higher classification street or as required by section 36-453. b. Fifteen feet along a street classified as a local street or as required by section 36-453 (garages shall be set back a minimum of 20 feet). c. The front yard setback may be reduced below the minimum required above if a conditional use permit is approved in accordance with section 36-363, conditional use permits, or with an approved preliminary plat in accordance with the city's subdivision regulations. 2. Side yard: Five feet or as required by section 36-453, supplemental open space and yard regulations. 3. Rear yard: Ten percent of the lot depth, but may not be less than ten feet nor shall more than 20 feet be required. However, in no event may a structure be erected closer to the centerline of an existing or planned street than as prescribed below, except as permitted by subsection 36-303(17)(b) and subsection 36- 303(17)(d). Street Classification Required Setback from Right-of-Way Center Line Freeway 150 feet plus the required yard setback Expressway 65 feet plus the required yard setback Primary arterial 50 feet plus the required yard setback Secondary arterial 35 feet plus the required yard setback Collector 30 feet plus the required yard setback Commercial/industrial 30 feet plus the required yard setback local Residential local 25 feet plus the required yard setback Highway access road 20 feet plus the required yard setback Page 8 of 18 Page 11 of 24  DEVELOPMENT REVIEW STAFF REPORT Residential connector 20 feet plus the required yard setback Downtown streets Required yard setback from right-of-way line (c) Minimum open space: Not less than 30 percent of the total lot area shall be devoted to open space including required yards and bufferyards unless modified in accordance with subsection 36-482(15). Open space shall not include areas covered by buildings, structures, parking areas, driveways and internal streets. Open space shall contain living ground cover and other landscaping materials. (d) Maximum impervious area: The combined area occupied by all main and accessory buildings or structures, parking areas, driveways and any other surfaces which reduce and prevent absorption of stormwater shall not exceed 70 percent of the total lot area unless modified in accordance with subsection 36-482(15). (7) Density requirements. The maximum density shall be 6,000 square feet per dwelling unit provided the requirements of subsection 36-303(22) are met. (8) Design requirements. (a) A site plan meeting the requirements of section 36-360, site plan review, shall be submitted and approved for all uses except single-family detached dwellings. (b) A plot plan meeting the requirements of subsection 36-331(3) shall be submitted and approved for all single-family detached dwellings. (c) A landscaping plan meeting the requirements of section 36-482, landscaping and bufferyards, and 36- 483, off-street parking and loading area design standards, shall be submitted and approved for all uses except single-family-detached dwellings. (d) All off-street parking lots and vehicular use areas for permitted nonresidential uses shall be screened from all residential uses in accordance with section 36-480, screening and fencing. (e) Refuse storage areas for permitted nonresidential uses shall be screened from view in accordance with section 36-480, screening and fencing. (f) Required front yards shall be landscaped with grass, ground cover, plants, shrubs, or trees. Decorative landscaping materials such as rock, bark, and mulch are also permitted. Impervious surfaces in required front yards shall be minimized and, unless otherwise meeting the provisions of subsection 36-483(2), shall be limited to driveways leading to off-street parking areas located outside the required front yard and walkways necessary for access to structures on the property. Circular driveways are permitted if sufficient frontage is available and if approved by the traffic engineer. (g) Storage of maintenance or other equipment incidental to any permitted or conditional use except a single-family detached dwelling shall be screened from view in accordance with the provisions of section 36-480, screening and fencing. (h) Mechanical and electrical equipment, including air conditioning units, shall be screened from view in accordance with section 36-480, screening and fencing. (i) Accessory buildings and structures shall meet the requirements of section 36-450, accessory structures and uses. Page 9 of 18 Page 12 of 24  DEVELOPMENT REVIEW STAFF REPORT PLACETYPES MAP: SURROUNDING ZONING, LAND USES AND PLACETYPES: NORTH SOUTH EAST WEST ZONING R-SF w/ UCD R-SF w/ UCD R-SF w/ UCD R-SF w/ UCD LAND USE Single-family Single-family Single-family Single-family residential residential uses residential uses residential uses uses PLACETYPES Center City Center City Center City Center City Neighborhood Neighborhood Neighborhood Neighborhood Page 10 of 18 Page 13 of 24  DEVELOPMENT REVIEW STAFF REPORT DEPARTMENT COMMENTS: BUILDING DEVELOPMENT SERVICES: No further comments. CITY UTILITIES: No issues with proposed variance. Both lots would have access to CU electric/gas/water.. DEPARTMENT OF ENVIRONMENTAL SERVICES WASTEWATER MANAGEMENT DIVISION: Splitting the lots would not be allowed because doing so would remove sewer access for 1539 N Jefferson. City code prohibits the creation of lots that do not have sewer access. The plumbing code requires that all properties have access to public sewer, either onsite or adjacent to the property. We also do not allow private laterals to cross other lots. One way to remedy this would be to extend public sewer with a short public sewer extension. This would require public improvement plans and that would need to be designed, constructed and accepted prior to the approval of the lot split, unless the improvement is escrowed. The lot split would be approvable however the public improvements will need to be submitted, approved, filed and either constructed or escrowed before the lot split can actually be approved. FIRE DEPARTMENT: No comment. DEPARTMENT OF PUBLIC WORKS TRAFFIC ENGINEERING DIVISION: TRAFFIC REPORT ROW from Traffic On- Sidewalk Street Street Centerline (ft.) Count Jurisdiction Street Name Classification (vehicles Parking Required Existing per day) Required Existing Street E Locust Local City 25 30 NA Yes Yes Yes 1 St N Street Jefferson Collector City 30 40 600 Yes Yes Yes 2 Ave ACCESS - All new or modified driveway approaches shall comply with current City of Springfield standards for the street classification. TRAILS, BUS STOPS, AND ADDITIONAL INFORMATION - There are no Greenway Trails near the property. There are bus stops on Boonville and Division near the property. Page 11 of 18 Page 14 of 24  DEVELOPMENT REVIEW STAFF REPORT IMPROVEMENTS - No improvements are required for this Variance. A Traffic Impact Study (TIS) is not required for Variance. DEPARTMENT OF PUBLIC WORKS STORMWATER ENGINEERING DIVISION: SITE DESCRIPTION & DRAINAGE PATTERN Fee in Lieu Fee in Lieu Drainage Stream Sinkhole or Floodplain/ Flood Water Basin Buffer Watershed Floodway Control Quality Jordan 320 E Creek Yes No No No No Locust St Lower Branch All chapter and section references below are to the City’s Flood Control and Water Quality Protection Manual Version April 2022. DETENTION AND DISCHARGE REQUIREMENTS 1. Site has existing buildings and structures in residential area. Lot split will require a $750.00 fee with the replat. WATER QUALITY REQUIREMENTS N/A FLOODPLAIN N/A NATURAL CHANNEL & STREAM BUFFERS N/A SINKHOLES & KARST FEATURES N/A Page 12 of 18 Page 15 of 24  DEVELOPMENT REVIEW STAFF REPORT STAFF ANALYSIS AND RECOMMENDATION: 1. The applicant is requesting vary from Sections 36-380(5)(a) and (6)(b)1.c of the Zoning Ordinance to allow lots in a residential replat below the minimum lot size requirements and existing residential structures to remain below the minimum front yard requirements in the R- SF District. 2. The applicant owns two single-family residential homes on one lot. The applicant is proposing to have each home on its own lot; however, due to the amount of land available and existing structures on the lot, it is not possible to create two lots that meet minimum size and setback requirements. 3. The property to be subdivided is zoned Single-Family Residential (R-SF) which requires lots to be at least 6,000 square feet in size, have lot dimensions of at least 50 feet of public street frontage, and be at least 80 feet in length. The proposed subdivision lots do not meet the size requirement but do meet the dimension requirements. The applicant is requesting a variance from Section 36-380(5)(a): Minimum lot area: 6,000 square feet. 4. The required front yard setback for a new structure in any residential district on a local roadway is 15 feet from the prescribed minimum setback from centerline. In this situation, the existing home at 320 E. Locust Street is approximately 5 feet from the proposed front property line. This home was constructed in 1937 prior to front yard building setbacks and is currently considered nonconforming. By granting this variance, this home will be replatted on its own lot and will be considered a conforming structure. 5. The applicant is requesting a variance from Section 36-380(6)(b)1.c: Fifteen feet along a street classified as a local street or as required by Section 36-453, (garages shall be setback a minimum of 20 feet). 6. According to the Greene County Assessor’s website, the two homes were originally built in 1900 & 1937. Aerial photographs from 1954 confirm that the structures were existing before 1956 when the original Zoning Ordinance was adopted. 7. The total area of the lot is 11,366 square feet, while proposed Lot 1 will be 2,849 sq. ft. and Lot 2 will be 8,517 sq. ft. Proposed Lot 2 will meet the minimum R-SF District requirements; however, proposed Lot 1 requires the zoning variance for lot size. 8. The applicant states that… “Most of the other homes in the neighborhood are single family homes on their own lot. Approving this variance would make the subject properties conform better to the neighborhood. Many of the lots in this neighborhood are smaller and/or narrow. The property directly to the North is on a very small lot, as well as at least 10 other homes within a one block area. These homes still conform to the neighborhood because their age, style, and design is consistent with the older homes in Mid-Town.” Page 13 of 18 Page 16 of 24  DEVELOPMENT REVIEW STAFF REPORT 9. Section 36-365 (3) The Board of Adjustment shall not vary the regulations of this Article as authorized above unless and until it shall make written findings based upon the particular evidence presented to it in each specific case per attached standards and responses. 10. The applicant for a variance shall bear the burden of producing evidence establishing that the requested variance satisfies the standards set out in section 36-365 (3). 11. Both lots have garages and meet the minimum off-street parking requirements for the R-SF District. 12. Clean Water Services Division of the Department of Environmental Services recommends that, if approved, the Board of Adjustment require public sanitary sewer be extended to the site prior to the administrative replat, residential being approved. The approval of this variance does not exempt the applicant from the requirement to extend public sanitary sewer to each new lot, as that is a provision of code the BOA has not authority to grant a variance and so the following conditional language is proposed to reinforce this provision: a. Prior to an administrative replat and building permits being approved, public sewer must be extended in compliance with the Environmental Services requirements for sewer extension, including Section 4.06.G. This will require public improvement plans that will need to be designed, constructed, and accepted, unless the improvement is escrowed pursuant to the Environmental Services requirements for escrowing public improvement projects. 13. The property was posted by the applicant at least 10 days prior to the public hearing. Public notice letters were sent out at least 10 days prior to the public hearing to property owners within 185 feet. 14. If the variance is approved; the proposed administrative replat, residential must go through the typical department review process per the Subdivision Regulations and once all requirements have been met can be approved and recorded. 15. The board of adjustment may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set out in this article to reduce, minimize, or mitigate the effect of such variance upon other property in the neighborhood, and better to carry out the general intent of the article. 16. If the variance is denied; the applicant must design the site to comply with Section 36- 380(5)(a) and all other applicable Zoning Ordinance requirements. 17. Staff doesn’t make recommendations on Board of Adjustment Zoning Variance applications. Page 14 of 18 Page 17 of 24  DEVELOPMENT REVIEW STAFF REPORT ATTACHMENT 1 Zoning Variance Approval Criteria RESPONSES TO STANDARDS FOR VARIANCES: 36-365 (3) The Board of Adjustment shall Applicant Response: Staff Response not vary the regulations of this Article as authorized above unless and until it shall make written findings based upon the particular evidence presented to it in each specific case that: (a) The particular physical surroundings, Pertaining to the shape of the property: The subject The lots were platted in 1869 shape, or topographical condition of is currently 1 single lot with 2 separate homes in and multiple houses the specific property involved would the Historic Mid-Town Neighborhood. This use is constructed on them in 1900 result in an unnecessary hardship non-conforming because the code no longer allows & 1937 so there were upon the owner as distinguished from homes to be constructed this way. Even though nonconformities created a mere inconvenience if the strict letter they are used as single family residences, they when the Zoning Ordinance of the regulations were carried out; cannot be sold as single family owner occupants was adopted in 1956 and and homes. The only way to correct these issues is with subsequent amendments. a variance in the lot size requirements (b) The conditions upon which the petition Most of the other homes in the neighborhood are As the applicant states, most for a variance is based would not be single family homes on their own lot. Approving this single-family homes have applicable, generally, to other property variance would make the subject properties been constructed on one lot within the same zoning classification; conform better to the neighborhood. Many of the or have been subdivided and lots in this neighborhood are smaller and/or narrow. since that time. The property directly to the North is on a very small lot, as well as at least 10 other homes within a one block area. These homes still conform to the neighborhood because their age, style, and design is consistent with the older homes in Mid-Town. (c) The purpose of the variance is not The issues present prevent the sale of these These properties will continue based exclusively upon a desire to individual homes to individual single family owner to be nonconforming until the enhance the value of the property, or occupants. Currently, the properties are in good homes are platted on their increase the return or income condition but rented. They cannot be sold to owner own lot or removed. therefrom; and occupants as single family homes until the lot is legally split. (d) The property in question cannot yield a The current code does not allow multiple single- The Zoning Ordinance would reasonable return if permitted to be family structures on one lot. A reasonable division consider this a legal used only under the conditions allowed of the property is the only way to correct these nonconforming situation so by the regulations in the district in conditions that are currently not allowed. eventually these homes which it is located; and would need to be placed on their own lot or removed. (e) The alleged hardship has not been The properties were platted and constructed in the These three homes were created by any person presently 1930's. The current owner is not responsible for the constructed on one lot in having an interest in the property; and hardship conditions that were created many years 1937. ago. (f) The granting of the variance will not be The current location of the structures has existed These homes were detrimental to the public welfare or for many years and the homes have been single constructed in 1900 & 1937 injurious to other property or family homes since they were built. Correcting so they have been here as improvements in the neighborhood in these issues with the subject properties will actually long as the other homes in which the property is located, or improve the values for the neighborhood. Because the area. diminish or impair the values thereof; of their size and price range, these homes can and most likely be sold to first time home buyers. The properties will no longer have to be rental houses Page 15 of 18 Page 18 of 24  DEVELOPMENT REVIEW STAFF REPORT forever. The neighbors will appreciate having homeowners as neighbors instead of renters. They will be more likely to keep the homes in good condition. Letting them become rentals again would be detrimental to the neighboring properties and could actually cause those values to decline. (g) The proposed variance will not impair There will be absolutely no change to the physical These homes were an adequate supply of light and air to location of these structures, as they have already constructed in 1900 & 1937 adjacent property, or cause or existed for many years, and therefore none of so they have been here as substantially increase congestion in these issues really apply to this variance. long as the other homes in the public streets, or increase the the area. danger of fire or the spread of fire, or endanger the public safety; and (h) The variance, if granted, will not alter These homes, as currently constructed, conform There are other houses that the essential character of the very well to the essential character of the have been constructed on or neighborhood, and neighborhood. Granting this variance will actually later subdivided on similar help ensure that these properties are part of the sized lots. essential character of the property for years to come. Individual homeowners are the best way to make sure these properties are kept up and maintained. Having single family homes on single lots fits much better with the neighborhood than the conditions that exist currently. (i) The variance requested is consistent Mid-Town is a neighborhood that has been The Comprehensive Plan with the purposes and intent of this specifically targeted for urban renewal. Many of the encourages accommodating Article and the Springfield older historic homes have been remodeled and different types of single-family Comprehensive Plan. preserved. Because real estate prices have housing. become so high, this neighborhood has become an affordable option with lots for character and charm. These homes are located in residential zoning on interior streets designed for individual single family residences. Approving this variance will bring these properties better in line with the Comprehensive Plan by adding dwellings to the “missing middle” as well as running concurrent with the neighborhood improvement goals of the Mid-Town Neighborhood Association. Page 16 of 18 Page 19 of 24  DEVELOPMENT REVIEW STAFF REPORT ATTACHMENT 2 Legal Description All of Lot 1, Block 7 of the Original Plat of North Springfield in the City of Springfield, Greene County , Missouri. Page 17 of 18 Page 20 of 24 Exhibit 3 Page 18 of 18 Page 21 of 24  EXPLANATION TO 2026 BOARD OF ADJUSTMENT SCHEDULE FILED: 01/28/2026 ORIGINATING DEPARTMENT: Planning and Development TITLE: PURPOSE: BACKGROUND INFORMATION: Submitted By: Authorized for inclusion on the agenda pursuant to City Code section 2-33: Attachments: 1. 2026 Board of Adjustment Calendar Page 22 of 24  OFFICIAL NOTICE BOARD OF ADJUSTMENT 2026 SCHEDULE NOTICE is hereby given to all citizens and interested parties that the Board of Adjustment of the City of Springfield, Missouri, has scheduled the following regular meeting dates for the year 2026. Meetings are scheduled for 1:30pm in the 2 West Conference Room, Busch Bldg. APPLICATION DEADLINE MEETING December 5, 2025 January 6, 2026 January 2, 2026 February 3, 2026 January 30, 2026 March 3, 2026 March 6, 2026 April 7, 2026 April 3, 2026 May 5, 2026 May 1, 2026 June 2, 2026 June 5, 2026 July 7, 2026 July 3, 2026 August 4, 2026 July 31, 2026 September 1, 2026 September 4, 2026 October 6, 2026 October 2, 2026 November 3, 2026 October 30, 2026 December 1, 2026 _____________________________________________ Steve Childers, Executive Secretary Board of Adjustment City of Springfield Page 23 of 24  EXPLANATION TO 2026 ELECTION OF OFFICERS FILED: 01/23/2026 ORIGINATING DEPARTMENT: Planning and Development TITLE: PURPOSE: BACKGROUND INFORMATION: Submitted By: Authorized for inclusion on the agenda pursuant to City Code section 2-33: Attachments: None Page 24 of 24