HomeMy WebLinkAbout2019-03-20 BZA PacketBOARD OF ZONING ADJUSTMENT
2950 NW VIVION ROAD, RIVERSIDE, MO 64150
AGENDA
March 20, 2019
5:30 P.M.
1. Call to order
2. Roll call
3. Public Hearing: To consider a request for a variance for setback for a single family
home at 4949 NW High Drive.
4. Adjournment
Sarah Wagner, City Planner
ATTEST:
Posted 03/11/19 10:00 A.M.
CITY OF City of Riverside
RIVERSIDE Staff Analysis Report
Missouri Case Number BZA19-01 Variance
Upstream from ordinary. 4949 NW High Drive
Parcel # 19-9.0-32-400-006-006.003
General Information
Appellant: Greg Rothers- Rothers Design/Build
Location: 4949 NW High Drive
Application: Variance from the 10 -foot side setback for residential structures.
Zoning: R-1 Single Family Residential
Existing Land Use: Undeveloped
Analysis
The applicant is requesting a variance from the Unified Development Ordinance (UDO) Section 400.320
regulating the R-1 Single Family Residential Zoning District. The applicant has proposed the
construction of a 2,050 sq. ft. single family home. The proposed house would extend 2.5 ft.
into the setback to the north. The property to the north is undeveloped at this time.
Per Section 400.290 of the UDO a variance should meet 5 conditions for approval.
1. The need for a variance arises from a condition which is unique and peculiar to the property in
question and which is not prevalent in the neighborhood and ordinarily not found in the same zone
or district, and further, is not created by an action or actions of the property owner or applicant.
The applicant's property is unique as it has a 20 ft. storm sewer easement along the south property line
that cannot be encroached on. There is also a 20 ft. sanitary sewer easement that enters the property from
the north approximately 85 feet from the front property line. It extends approximately 45 feet south and
then turns east. It runs almost the entire length of the property before it turns north again.
2. The strict application of the subject provisions will constitute unnecessary hardship to the
applicant.
The applicant desires to construct a new single family home that meets all of the code requirements with
the exception of the 10 ft. side setback to the north. Absent the 20 ft. storm sewer easement to the south
the applicant would be able to meet the requires setbacks.
3. The granting of the variance will not adversely affect the rights of adjacent property owners or
residents.
The surrounding neighborhood will not be adversely affected because the principal use of the property
will remain the same. At this time the property to the north is undeveloped therefore reducing the setback
will not have an impact on an existing home.
4. The granting of the variance will not adversely affect the public health, safety, moral or general
welfare of the community.
Page 1 of 2
Granting the variance will not adversely affect the welfare of the community. Although granting the
variance will place the house closer to adjoining properties it will not extend over any property lines and
there will be adequate room to access all sides of the house while remaining on the principal property.
Additionally, the property will be used as it was intended in a residential area, granting the variance will
not have an impact on the community
5. The granting of the variance will not be opposed to the general spirit and intent of the ordinance
from which the variance is sought and will not be in conflict with any existing laws or ordinances.
The granting of this variance will not conflict with or be opposed to the general spirit of the setback
ordinance. There are several residential developments in the city that are zone PD -Planned Development
that allow for deviations from the established code.
Recommendation
The request meets the conditions for approval of a variance and is in accordance with adopted policies
and plans; therefore, staff recommends granting the variance to allow the minimum set back to the north
at 7.5 ft.
Attachment
Exhibit A: Project Location Map
Exhibit B: Site Plan.
Page 2 of 2
ORDERED BY: ROTHERS DESIGN/BUILD
Prepared By:
A YLETT SURVEY & ENGINEERING COMPANY
LAND SURVEYING ' LAND PLANNING N CIVIL ENGINEERING
201 NW 72ND STREET ' GLADSTONE, MISSOURI 64118
Phone: 436-0732 ^- Fax: 436-0767
DESCRIPTION:
Lot 3, REPLAT OF A PART OF TRACT 1 OF TRACT 32, AMENDED PLAT OF NORTHWOOD ACRES, a subdivision of /ond in the City of Riverside, Platte County, Missouri.
1
PROPOSED,
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1-800-344-7483 (MISSOURI)
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20' STORM SEWER EASEMENT
283.19'
SCALE:: 1"= 20
20 10 0 20
NO TITLE REPORT FURNISHED
19.3.3'f
This drawing is for permit and construction purposes only. It is not to be used to establish property lines. It will be the builder's responsibility to verify that
Regulations. No Title Commitment was furnished, there may be easements of record that are not shown. Builder to place Bottom of Footing at or below the
elevations shown on this drawing are provided by client, this company takes no liability for its accuracy.
52 717NSA, fi WG(EN W)
—
JOB NO.: 52717
DATE: 02/11/2019
BUILDER TO VERIFY
SEWER LOCATION &
ELEVATION PRIOR TO
EXCAVATION OF FOOTINGS.
this drawing meets all City and County
level of undisturbed soil. Any proposed
BZA Case # 2019-01
4949 NW High Drive
Variance
Sanitary Easement
Storm Sewer Easement