HomeMy WebLinkAbout2019-03-20 Board of Zoning Adjustment Minutes
MINUTES
REGULAR MEETING
BOARD OF ZONING ADJUSTMENT
RIVERSIDE, MISSOURI
Wednesday, March 20, 2017
6:00 p.m.
The Board of Zoning Adjustment for the City of Riverside, Missouri, met in regular session in the Riverside Municipal
Court, 2950 NW Vivion Road, Riverside, Missouri.
The meeting was called to order at 5:30 p.m. Answering roll call were Lowell Hickman, John Heryer, Rick Euwer and
Dave Thatcher. Members absent: Chris Craig. Also present: Greg Rothers, Rothers Design Build; Shawn Lee, Resident;
Sarah Wagner, City Planner; Mike Duffy, Community Development Director and Rhonda Smith, Administrative Clerk.
Variance from the 10-foot The public hearing was opened at 5:31 p.m.
side setback for residential
structures – 4949 NW Sarah Wagner, City Planner, gave a staff report. She explained that the
High Drive north setback for the house needs to be changed to 7.5 feet so the
proposed house will not encroach on the sanitary sewer line on the
south side of the lot.
Section 400.290 of the UDO outlines five conditions that should be met
for variance approval. Explained each as follows:
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.
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4. The granting of the variance will not adversely affect the public
health, safety, moral or general welfare of the community.
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.
55. 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.
Wagner explained that the request does meet the five conditions for
approval of a variance; therefore, staff recommends approval of the
variance to allow the proposed structure with the diminished setback.
Wagner noted that 7 foot setbacks are not unique to the city. The home
in the Palisades have 7-foot side setbacks.
Shawn Lee asked for a clarification of lot definition from the City Code
Book. Mike Duffy provided the clarification for 400.1090.
Rick Euwer noted that he supported new homes and development.
The public hearing was closed at 5:37 pm.
David Thatcher made a motion to approve the variance with a 7.5-foot
north side setback; seconded by John Heryer. Motion approved 4-0.
Adjournment John Heryer made a motion to adjourn, seconded by David Thatcher.
The meeting was adjourned 4 -0.
_____________________________________
Rhonda Smith, Administrative Clerk
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