HomeMy WebLinkAbout2019-06-06 BZA PacketBOARD OF ZONING ADJUSTMENT
2950 NW VIVION ROAD, RIVERSIDE, MO 64150
AGENDA
June 6, 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 shed at 4507
NW Apache Drive.
4. Adjournment
Sarah Wagner, City Planner
ATTEST:
Posted 06/4/19 3:00 P.M.
CITY OF City of Riverside
RIVERSIDEStaff Analysis Report
Missouri Case Number BZA19-02 Variance
Upstream from ordinary. 4507 NW Apache Drive
Parcel # 23-2.0-03-000-001-058.000
General Information
Appellant: Donald Storm
Location: 4507 NW Apache Drive
Application: Variance from the 10 -foot side setback for residential accessory structures, the 5 -foot
building separation, and encroachment on a storm sewer easement. (UDO Section 400.490)
Zoning: R-1 Single Family Residential
Existing Land Use: Single Family Residential
Analysis
The applicant is requesting a variance from the Unified Development Ordinance (UDO) Section 400.490
regulating the construction of accessory structures. The applicant has started construction on a 144
square foot shed without a permit. The current placement of the shed does not meet the 5 -foot building
separation or the 10 -foot side setback requirements. In addition, the shed is encroaching on the storm
sewer easement.
Per Section 400.280 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 approximately 0.78 acres. It does have some grad changes. However, a shed
was previously located approximately 50 feet from the main residents in the northeast comer of the
property that complied with all the setback regulations. That shed has since been removed. The property
does not have any conditions that are unique to the neighborhood. Most of the lots in in Indian Hills are
impacted by grade changes.
2. The strict application of the subject provisions will constitute unnecessary hardship to the
applicant.
The 0.78 -acre lot allows for other locations for a shed that would not impact the 5 -foot building
separation, 10 -foot side setback or the storm sewer easement requirements.
3. The granting of the variance will not adversely affect the rights of adjacent property owners or
residents.
The shed, in its current location, could adversely impact the current and future property owner at 4509
NW Apache Lane as it will be closer than 10 -feet to the property line.
Page 1 of 2
4. The granting of the variance will not adversely affect the public health, safety, moral or general
welfare of the community.
Granting the variance could impact the storm sewer easement if the City ever needs to access the storm
sewer in the future. It could be added cost and time for the City to remove the shed to access the
easement.
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 be in conflict with the current ordinances in place to help protect
adjacent property owners from having accessory structures, such as sheds, encroach on the property line.
It will also be in conflict with the City's intent to ensure access to utility easements.
Recommendation
Section 400.280.A.5 of the UDO stated that, in order for the Board of Zoning Adjustment to approve a
variance, the applicant must prove the above listed conditions.
Attachment
Exhibit A: Project Location Map
Exhibit B: Site Plan.
Exhibit C: Current Shed Pictures
Exhibit D: Applicant Request
Exhibit E: Applicant Photos
Page 2 of 2
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Beacon' Platte County, MO
Parcel ID 23-2.0-03-000-001-058.000
Sec/Twp/Rng 4/50/33
Property Address 4507 NW APACHE DR
District Dist 23
Brief Tax Description INDIAN HILLS 2ND REPLAT LOT 24
(Note: Not to be used on legal documents)
Alternate ID n/a
Class Residential
Acreage 0.7802
Date created: 6/4/2019
Last Data Uploaded: 6/3/2019 11:30:32 PM
Developed by‘blo Schneider
GEOSPATIAL
Overview
Legend
Address Points
Parcels Current
Roads
Interstate
US Route
— State Highway
— County Highway
Owner Address RENCZARSKI, KATHLEEN TRUST
4507 NW APACHE DR
RIVERSIDE MO 64150-0000
City of Riverside Variance Request:
We are needing a variance relating to Chapter 400 Article III Division 8 Section
400.280 Paragraph 5 a -e.
A. We need this variance because of property conditions out of our control.
There unique property conditions whereas it's pretty impossible or feasible
to place a shed anywhere else on the property without extreme grade
changes.
B. Strict provisions preventing this variance would cause an amazing amount of
hardship on us both physically but also financially due to the modifications
that would be needed to place shed anywhere else.
C. Granting this variance will not adversely affect either neighbors as only one
neighbor will be able to view this shed and we have spoken to them and they
didn't have any issues with it's placement, Also all exterior siding, trim and
paint will match the existing house.
D. This variance in no way can affect the health or safety of anyone in or near
this shed.
E. The general spirit and intent would not be hindered by this variance.
*** Existing neighbor does have a shed on the side of their home so I hope we can
meet this exception. Thank you
Donald Storm