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Home My WebLink About2020-04-22 BZA PacketCITY OF RIVERSIDE MISSOURI Upstream from ordinary. BOARD OF ZONING ADJUSTMENT MEETING (BY VIDEO CONFERENCE) RIVERSIDE CITY HALL 2950 NW VIVION ROAD RIVERSIDE, MISSOURI 64150 AGENDA APRIL 22, 2020 5:30 p.m. In response to the Coronavirus pandemic, this meeting will be held by on-line Zoom video conference. To join the Zoom Meeting — Wednesday, April 22, 2020 @ 5:30 p.m. https://zoom.us/1/791864934?pwd,=:cn daVy85bURGbkIgZS83Umi2NFRoQ T09 Meeting ID:791-864-934 Password: 087931 1. Call to Order 2. Roll Call 3. Approval of Minutes of June 6, 2019 4. Request for a variance from side setbacks at 3705 NW 50th Street 5. Adjourn ATTEST: Posted 04.07.20 at 4:30 p.m. Sarah Wagner, City Planner 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 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. 1 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. Rhonda Smith, Administrative Clerk 2 CITY OF City of Riverside RIVERSIDE Staff Analysis Report Missouri Case Number BZA20-01 Variance Upstream from ordinary. 3705 NW 50th Street Parcel # 19-9.0-32-400-006-006.004 General Information Appellant: Greg Rothers- Rothers Design/Build Location: 3705 NW 50th Street Application: Variance from the 10 -foot side setback for residential structures. Zoning: R-1 Single Family Residential Existing Land Use: Undeveloped proposed single family home 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 2.4 ft. into the 10 foot side setback to the east. As a result, the applicant is requesting a variance from the 10 foot side setback to allow for a 7.6 foot side setback on the east. 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 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. 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. 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. 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 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. 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 east at 7.6 ft. Attachment Exhibit A: Project Location Map Exhibit B: Site Plan. Page 2 of 2 i -,� c D NC,.' WE, W1 0 I1 LOT QMH1 II I 1 IPROPERTY LINE SITE PLAN 01 5 15 30 FT SCALE: 1 NORTH VARI I I W I RES I FOI ABLE ISE I1 2.L_ N I I2i I ABOVE GROUND ` OOL....„,///