HomeMy WebLinkAbout2020-04-22 Board of Zoning Adjustment MinutesMINUTES
REGULAR MEETING
BOARD OF ZONING ADJUSTMENT
RIVERSIDE, MISSOURI
Wednesday, April 22, 2020
5:30 p.m.
The Board of Zoning Adjustment for the City of Riverside, Missouri, met in regular session on Wednesday, April 22,
2020 via Zoom meeting.
The meeting was called to order at 5:30 p.m. Answering roll call were Lowell Hickman, Chris Craig, Rick Euwer, Dave
Thatcher and John Heryear. Members absent: Lowell Hickman. Also present: Greg Rothers, Richard & Sandy
Wilsbacher, Austin & Kelsey Hague, Sarah Wagner, Community Development City Planner and Rhonda Smith,
Administrative Clerk.
Request for a variance
from side and front
setbacks at 3705 NW 50`h
Street
The public hearing was opened at 5:30 p.m.
Sarah Wagner, City Planner, gave a staff report. She explained that the
applicant, Greg Rothers, is requesting a variance for construction of a
2,050 square foot single family home to save a large tree on the
property. The proposed house would extend 2.5 feet 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 is making the request to shift the house 2.4 feet to the east
reducing the required 10 -foot side setback and five feet to the north
reducing the 30 -foot front setback in order to avoid cutting down a large
tree on the west side of the property. This lot is located in an establish
neighborhood that has other large established trees. Keeping this tree
would not only help the environment and sustainability efforts, but it
would also stay within the characteristics of the neighborhood.
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 east and the 30 -foot front setback to the north. If it wasn't for the
applicant's desire to keep a large established tree he 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.
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The surrounding neighborhood will not be adversely affected because
the principal use of the property will remain the same. The property to
the east does have an existing home on it. However, there are other
houses in the general area that do not meet all of the setback
requirements. In 2015 the BZA approved a similar variance at 4807
NW Hillside to allow a side setback of 7.5 feet. In addition, many of
the new developments in Riverside have 25 -foot front setbacks.
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 If anything, granting the
variance to allow the applicant to keep the tree will increase the general
health, moral and welfare of 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.
Applicant Greg Rothers noted that the tree on the property was a 48 -
inch very mature tree and the variance could possibly disturb the root
system but not as much backfill would be required.
Rick Euwer noted that he had tried to save a tree when building a home
and the tree became overstressed and died anyway.
Sandy Wilsbacher questioned why there were five building lots instead
of four. Wagner noted that the five lots were always proposed for the
property and that this meeting was only about the proposed variance.
Sandy Wilsbacher noted she was not in favor of the variance because
there were already too many houses planned in such a small area and
the surrounding neighbors prefer houses on larger lots.
John Heryer noted that the neighbor's opinions were important.
Greg Rothers noted that the house would be built regardless if the
variance was granted. The tree would just be destroyed.
The public hearing was closed at 5:48 pm.
Chris Craig made a motion to deny the proposed variance; seconded by
John Heryer. Motion approved 4-0.
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Adjournment Rick Euwer made a motion to adjourn, seconded by John Heryer.
The meeting was adjourned 4 -0.
Rhonda Smith, Administrative Clerk
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