HomeMy WebLinkAbout2019-06-06 Board of Zoning Adjustment Minutes
MINUTES
REGULAR MEETING
BOARD OF ZONING ADJUSTMENT
RIVERSIDE, MISSOURI
Wednesday, June 6, 2017
5:30 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, Chris Craig, Rick Euwer and
Dave Thatcher. Members absent: Chris Craig. Also present: Donald Storm, Terry Bullard, Sarah Wagner, Community
Development Director and Rhonda Smith, Administrative Clerk.
To consider a request for a The public hearing was opened at 5:31 p.m.
variance for setback for a
shed at 4507 NW Apache Sarah Wagner, City Planner, gave a staff report. She explained that the
Drive applicant, Donald Storm, is requesting a variance for a constructed shed
that encroaches on the city setback requirements and on a 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 corner 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.
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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 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.
Applicant Donald Storm addressed the Board members. He noted that
the land topography on his property is not conducive to building a shed.
A former shed on the property was demolished due to termites and
sinking. Storm noted that he had spoken with Craig Slaughter, the City
Building Official, regarding the distance needed to locate the shed from
the storm sewer. He said Slaughter told him 5 feet so he assumed he
within the code to begin construction. He has invested almost $4,000 in
the construction to date.
Terry Bullard, Indian Hills neighbor, addressed the BZA. He noted that
he would be against the granting of the variance. However, he also
noted that it was Storm’s word against the City Building Official who
was not present to defend his actions.
Lowell Hickman noted that the applicant should be aware if any future
repairs were needed for the storm sewer, the shed would be torn down
at the applicant’s expense.
The public hearing was closed at 6:08 pm.
Chris Craig made a motion to approve the variance with the condition
that any repairs to the storm sewer, the shed would be replaced at the
owner’s expense; seconded by David Thatcher. Motion approved 3-1.
Adjournment David Thatcher made a motion to adjourn, seconded by Rick Euwer.
The meeting was adjourned 4 -0.
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Rhonda Smith, Administrative Clerk
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