Sep 10, 2014 - City of Blue Springs, MO

Board of
Adjustment
Agenda
Wednesday
September 10, 2014
6:30 p.m.
MUNICIPAL ANNEX
1304 W Main Street
City of Blue Springs, Missouri
BOARD OF ADJUSTMENT
MEMBERS
Term of Office is 5 years
The Board of Adjustment consists of 4 citizens plus 1
member representative from the Planning Commission, and
3 alternate members.
Regular Members Are:
1.
DeWayne Duhon, Chairman
2.
John Dunn, Vice Chairman
3.
Laurie Hatfield
4.
Kelvin Brooks
5.
Brian Ross
Alternate Members Are:
 Ron Amos
 Planning Commission Representative – Ginger Duhon
 Alternate P.C. Representative – Travis Graham
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
Municipal Annex
1304 W Main Street
Blue Springs, Missouri 64015
Wednesday, September 10, 2014
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/MINUTE APPROVAL
 Minutes of the last meeting, July 9, 2014
2.
PUBLIC HEARING – VARIANCE – VAR-05-14-4397 – “Molle Chevrolet Pre-Owned
Cars” / 505 NW Mock Avenue
Exhibits:
1. Staff Report with attachments
2. Affidavit of Publication in B.S. Examiner, August 23, 2014
3. Application with attachments
4. 185 Ft. Notification Map
5. Names/addresses of property owners w/n 185 ft. of site
6. Copy of letter sent to said property owners
7. UDC (By Reference)
3.
OTHER BUSINESS – The next scheduled meeting is Wednesday, October 8, 2014.
4.
ADJOURN
If special accommodations are required for citizen participation
Please call 228-0207 (voice) or 228-0250 (TDD)
BA –9.10.2014
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Page 1 of 1
NOT APPROVED
City of Blue Springs
903 Main Street
Blue Springs, Missouri 64015
BOARD OF ADJUSTMENT
MINUTES
Wednesday, July 9, 2014
A meeting of the Board of Adjustment of the City of Blue Springs was held in the Municipal Annex located at
1304 W. Main Street on Wednesday, July 9, 2014 with the following members and guests in attendance.
MEMBERS PRESENT
Laurie Hatfield
DeWayne Duhon, Chairman
Brian Ross
John Dunn
STAFF / OTHERS
Scott Allen, Community Development Director
Michael Peterman, Principal Planner
Ben McCabe, Engineer
Bob McDonald, City Attorney
Karen Findora, Recording Secretary
Donna Lien, Public Stenographer
ABSENT
Board Member Kelvin Brooks
(Arrived 6:48 p.m.)
CALL TO ORDER
Approval of Minutes
DeWayne Duhon, Chairman, called the meeting to order at 6:36 p.m. with a
request that everyone stand for the Pledge of Allegiance. With a motion by
John Dunn, a second from Laurie Hatfield, and a unanimous vote, the Minutes
of Wednesday, February 12, 2014 were approved.
Chairman 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.
07.09.2014
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Page 1 of 3
NOT APPROVED
Chairman Duhon, opened the public hearing at 6:39 p.m. with a request for
PUBLIC HEARING
exhibits from the City Attorney. Mr. McDonald entered Exhibits 1 thru 7 into
AGENDA ITEM 2
VARIANCE / VAR-05-14- the public record on behalf of the applicant.
4397 / “Toyo Motors” / 1708
1) Staff Report with attachments
SW Eastbound US 40 Hwy
2) Affidavit of Publication in B.S. Examiner, June 21, 2014
3) Application with attachments
4) 185 Ft. Notification Map
5) Names/addresses of property owners w/n 185 ft. of site
6) Copy of letter sent to said property owners
7) UDC (By Reference)
STAFF COMMENTS
Michael Peterman, Principal Planner, stated that the applicant is requesting a
Variance from Section 404.145.C.1 of the UDC, lot size requirements in the
“RC” (Regional Commercial) zoning district. The property is located on the
south side of 40 Hwy., between 15th and 19th Streets with an address of 1708
SW Eastbound US 40 Highway. The property is currently zoning “GB”
(General Business).
The applicant is proposing a “Vehicle Sales” use. The previous use was a Sonic
Drive In restaurant. The applicant intends to Rezone the property and obtain a
Conditional Use Permit to allow the use of “Vehicle Sales.”
APPLICANT
Greg Grounds, Attorney
1401 NW Wildwood Drive
Blue Springs, MO
Mr. Grounds stated many years ago there was General Business zoning
everywhere and some of the smaller lots along Highway 40 ended up zoned
General Business. The Sonic has been vacated for several years. There are
several used car lots near this area. The City decided to require all used car lots
to obtain a Conditional Use Permit and used car lots could only exist in
Regional Commercial or Light Industrial zoning.
If this lot would remain a Sonic or a similar business open from 6:00 am until
11:00 pm the use of that business would be more intense. It would be more
intrusive for abutting land owners. If a car lot was to locate there the hours of
operation would be 8:00 am until 6:00 pm and less intrusive to abutting property
owners.
QUESTIONS
Board Member Laurie Hatfield asked if the applicant would be using the current
building located on the site. Mr. Grounds stated that they intend to use the
existing building and dress/clean it up a bit.
Mr. Grounds stated that there would be no car repairs done on site.
WITNESSES IN FAVOR
07.09.2014
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None.
Page 2 of 3
NOT APPROVED
WITNESSES OPPOSED
None.
HEARING CLOSED
With no further testimony to be taken, Chairman Duhon, closed the public
hearing at 6:51 p.m. with a request for action on the petition.
Board Member John Dunn made a motion to approve Variance / VAR-05-14MOTION
4397 / “Toyto Motors” / 1708 SW Eastbound US 40 Highway.
PUBLIC HEARING
AGENDA ITEM 2
VARIANCE / VAR-05-144397 / “Toyo Motors” / 1708
SW Eastbound US 40 Hwy.
SECOND
Board Member Laurie Hatfield.
VOTE
Kelvin Brooks – Absent
Brian Ross – Aye
John Dunn - Aye
DeWayne Duhon, Chairman – Aye
(APPROVED 4-Aye, 0-No)
OTHER BUSINESS
The next meeting is scheduled for Wednesday, August 13, 2014.
MEETING
ADEJOURNED
With no further items to come before the Board, a motion was made by
Board Member Laurie Hatfield, and seconded by John Dunn, to adjourn at
7:00 p.m. Motion carried Unanimously.
Laurie Hatfield - Aye
________________________________________________
Karen Findora, Recording Secretary
_________________________
DeWayne Duhon, Chairman
07.09.2014
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______________________
Date
Page 3 of 3
BOARD OF ADJUSTMENT
STAFF REPORT
Meeting Date:
Case File Number:
September 10, 2014
VAR-8-14-4541
Agenda Item: 2
Project Name:
505 NW Mock Ave – Molle Chevrolet
Type of Application:
Non-Use Variance
Request:
The applicant is requesting a variance from Sections
405.020.Y.1, Paving Area Setback and 407.010.G.3
Location of Off-street Parking Spaces of the UDC.
Applicant:
Molle Chevrolet
Property Owner:
Frank Molle
Location (Address):
505 NW Mock Ave, East of 7 Highway, north of Mock
Ave.
Area:
3.28 acres +/-
Lots:
2
Existing Zoning:
“GB” – General Business
Existing Land Use:
Parking for Vehicle Sales
Comprehensive Plan
Designation:
Regional Commercial
Attachments:




Site location/zoning map
Site Plan
Variance Application
Public Notice documents
Meeting Date:
September 10, 2014
Planner:
Michael Peterman, Principal Planner
Reviewed By:
Scott Allen, Community Development Director
Page 1 of 4
Project: 505 NW Mock Ave.-Molle Chevrolet
Plan Case Number: VAR-8-14-4541
Figure 1. Vicinity Map / General Location Map
Figure 2. Project Site (Aerial Photo)
Page 2 of 4
Project: 505 NW Mock Ave.-Molle Chevrolet
Plan Case Number: VAR-8-14-4541
BACKGROUND INFORMATION/SUMMARY:
The applicant is proposing to relocate their Pre-Owned Cars sales center from a parking
area in the northwestern portion of their site—close to I-70—to an area located in the rear
of the site along Mock Avenue. There is an existing parking area the applicant wishes to
expand to accommodate this use. The existing parking area is setback 5 feet from the
Mock Avenue right-of-way. The applicant wishes to expand that current lot with the same
setback.
The Unified Development Code (UDC) Section 405.020.Y.1 requires that parking area for
Vehicle Sales be setback from the street right-of-way 25 feet and Section 407.010.G.3
requires that no parking area in Non-Residential Districts shall be within 15 feet of the
right-of-way. The applicant is requesting a variance from both sections of the UDC in an
effort to match the existing paved parking area.
RECOMMENDATION: Staff recommends the approval of this request.
ANALYSIS
A request for a non-use variance may be granted upon a finding of the Board that the
following conditions are present:
1. The variance requested arises from such condition which is unique to the subject
property, that are not ordinarily found in the same zoning district and that are not the
result of the owner’s intentional actions.
Staff Response: The applicant intends to match the existing parking area with this
expansion. The layout of the existing lot presents a unique situation to overcome if the
UDC setbacks are strictly enforced.
2. The granting of the permit for the variance will not adversely affect the rights of
adjacent property owners or residents.
Staff Response: Granting this variance will not likely adversely affect adjacent properties.
The applicant is the owner of the surrounding properties. The proposed design of the
parking area will conform to the adjacent existing parking area.
3. The strict application of the provisions of the zoning regulations of which the variance
is requested will constitute practical difficulty because the property cannot be used for
an otherwise permitted use without coming into conflict with the applicable site
development standards.
Staff Response: Allowing this variance will provide a consistent design across the
applicant’s properties that are affected.
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 be not be adversely affected if this variance is granted. The proposed
Page 3 of 4
Project: 505 NW Mock Ave.-Molle Chevrolet
Plan Case Number: VAR-8-14-4541
parking area will match the existing parking area, not affecting the general welfare of the
area.
5. The granting of the variance desired will not be opposed to the general spirit and intent
of the zoning regulations.
Staff response: The Proposed parking area will be designed to match what is already
existing.
SUMMARY:
The Board of Zoning Adjustment must determine if 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 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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VAR-8-14-4541
MOLLE CHEVROLET
PRE-OWNED CARS
505 NW MOCK AVE
SITE LOCATION MAP
Augusta
Ct
NW Vesper Dr
MF-14
NW Durango St
NW
Wimbleton
NW
Ct
Vail
Ct
NW
NW
NW Zaun Ave
GB
NW 5th St
NW B St
SO
GB
MF-14
SF-7
NW Va
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Brook D y
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NE RD Mize Rd
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NW 3rd St
NW 10th St
NW RD Mize Rd
SF-7
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NE 2nd St
SF-7
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NE 1st St
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NW 6th Street Ter
NW St Mary's Dr
NW 6th St
NW Maynard St
±
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600
1,200 Feet
SF-7
PUBLIC NOTICE
Variance
VAR-8-14-4541
“Molle Chevrolet”
505 NW Mock Ave.
Notice is hereby given that a public hearing will be held by the Board of Adjustment of the
City of Blue Springs on Wednesday, September 10, 2014 at 6:30 p.m. in the Municipal
Annex located at 1304 W Main Street for the purpose of hearing parties in interest and
citizens on a request by Frank Molle, Owner of Molle Chevrolet Pre-Owned Cars. The
variance request references Section 407.010.G.3 (Location of Off-Street Parking Spaces)
and 405.020.Y.1 (Paving area setback), in that the applicant is requesting a variance from
the setback regulations to allow a parking lot expansion for vehicle sales.
Details of the Variance request can be viewed by interested parties in the Community
Development Department located at 903 W. Main Street, Blue Springs, MO. The site is
legally described as follows:
36-430-03-20-00-0-00-000
SECTION 30 TOWNSHIP 49 RANG E 30 PT OF NE 1/4 DAF: BEG 159 FT N OF S LI
OF NE 1/4 SW 1/4 & E ROW HIGHWAY 7, TH E 500' ALG N ROW MOCK AVE; TH
N 1' TH E 200. 1' TO TRUE POB, TH E ALG SD ROW 200', RH N 350' TH W 200', THS
350', TO TRUE POB
36-430-03-21-00-0-00-000
SECTION 30 TOWNSHIP 49 RANG E 30 PT OF NE 1/4 SW DAF: B EG 1170' M/L S
OF & 173' W OF NE COR SW 1/4 TO TRUE POB, TH N 350', TH W 208.46', THS 350',
TH E 208.46' TO TRUE POB.
CITY OF BLUE SPRINGS Board of Adjustment
By: Karen Findora, Recording Secretary
PUBLISH: Saturday, August 23, 2014
E-MAIL TO THE EXAMINER: Attn. Kathy Jones, [email protected]
08/21/2014
Page 1 of 1
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36-430-13-04-00-0-00-000
NE 2nd
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36-430-13-03-00-0-00-000
N 1st St
NW Highland Ln
36-430-13-02-00-0-00-000
NE 1st
Street Ter
NW Locust Dr
36-430-03-26-00-0-00-000
36-430-03-27-00-0-00-000
36-440-05-06-00-0-00-000
36-430-03-24-00-0-00-000
36-430-13-01-00-0-00-000
36-430-12-01-00-0-00-000
36-440-06-61-00-0-00-000
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36-430-13-09-00-0-00-000
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36-430-13-08-00-0-00-000
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7
NW 6th St
36-430-13-07-00-0-00-000
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NE 2nd St
36-430-13-06-00-0-00-000
NW RD Mize Rd
±
0
250
500
1,000 Feet
NE 2nd St
NE 1st St
NW Va
lle
Brook D y
r
NW Vesper Dr
VAR-8-14-4541
MOLLE CHEVROLET
PRE-OWNED CARS
505 NW MOCK AVE
185' NOTIFICATION MAP
NW Zaun Ave
NW Durango St
NW
Wimbleton
NW
Ct
Vail
Ct
NW 5th St
NW B St
NW 3rd St
NW
Durango
Ct
NW RD Mize Rd
August 25, 2014
Ref: Public Hearing: “Molle Chevrolet”
505 NW Mock Ave.
Variance / VAR-8-14-4541
Dear Property Owner:
You are hereby invited to participate in a public hearing to be held by the Board of
Adjustment of the City of Blue Springs on a request to consider an application by Frank
Molle, Owner of Molle Chevrolet Pre-Owned Cars. The variance request references
Section 407.010.G.3 (Location of Off-Street Parking Spaces) and 405.020.Y.1 (Paving
area setback), in that the applicant is requesting a variance from the setback regulations
to allow a parking lot expansion for vehicle sales. The project site is located at 505 NW
Mock Ave.
Interested parties may view the development plans and a complete project description 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.
You are receiving this notice because County records indicate you own property within
185 feet of the boundary of the site in question. The hearing will be held in the Municipal
Annex located at 1304 W Main Street commencing at 6:30 p.m. on Wednesday,
September 10, 2014. Your attendance and comments are welcome at these meetings.
Questions concerning this matter may be directed to the Community Development
Department at 228-0207.
Very truly yours,
CITY OF BLUE SPRINGS
COMMUNITY DEVELOPMENT
Karen M. Findora
Administrative Assistant