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Home My WebLink About2009-06-01 Board of Zoning Adjustment Minutes MINUTES REGULAR MEETING BOARD OF ZONING ADJUSTMENT RIVERSIDE, MISSOURI Monday, June 1, 2009 6:00 p.m. The Board of Zoning Adjustment for the City of Riverside, Missouri, met in regular session in the Board of Aldermen Chambers, 2950 NW Vivion Road, Riverside, Missouri. The meeting was called to order at 6:00 p.m. Answering roll call were Fred Buckley, Gale Perkins, Marvin Pool, Jeff Warren and Dean Lefstad. Also present: Mike Duffy, Director of Community Development and Sarah Wagner Administrative Clerk. Variance Grant to allow Gale Perkins opened the public hearing at 6:00 p.m. addition accessory structure and to exceed the Mike Duffy gave a staff report. He explained to the Board that the total accessory structure applicant, John R. Schuller with JR&Co is requesting a variance to square footage.- 4813 allow a temporary structure on his three acre property at 3950 Van de Northwood Road Populier. The applicant utilizes the property to store trails, equipment and materials associated with his roofing business. Utilities are not present on the property. The site currently possesses the following: 2,000 sq. ft. permanent structure, 1,500 sq. ft. temporary structure (similar to the one requested) and an office trailer. The temporary structure and office trailer are legal non-conforming situations as they were in place prior to the adoption of the UDO. The existing structures will remain. The applicant is requesting to install a temporary hoop structure approximately 30,000 square feet in size (150’ x 200’). The proposed structure will house the equipment and materials currently not stored within a structure. The existing trailers would not be stored inside the structure, but will remain outside. In order for the applicant to begin construction a variance needs to be granted to allow a temporary structure in the GP-I district. In general, staff supports the approval of the variance as a way to promote business and manage the intensity of certain uses. This application brings a difficult balancing act to the Board of Zoning Adjustment decision-making process. That is, what has a greater negative impact - a temporary structure that doesn’t fit the City’s long- term plans for the area, or an unsightly property subject to vandalism and neglect? With this in mind staff feels that the mitigating factors in evaluating this request are:  Until such time that the area is developed, it’s important to maintain the viability of the City’s existing businesses and structures.  The site is located in an undeveloped area with little traffic. Staff suggests that if the Board of Zoning Adjustment grants the variance, the following conditions should be attached:  At such time that a total of 600,000 square feet of new construction has occurred in the Horizons area, the structure and associated stored materials and equipment shall be removed. 1  If the previous condition does not occur, the approval of the variance shall expire after 5 years. The applicant may request an extension, which shall be reviewed by the Board of Zoning Adjustment.  The temporary structure may be constructed in the front (eastern) portion of the site provided all setbacks are met; however any outdoor storage of trailers must occur on the back (western) portion of the property. This will help screen the storage from traffic along Van de Populier and Horizons Parkway.  The total number of trailers stored at one time shall not exceed 15.  The applicant shall provide a neat and orderly appearance by moving all trailers to the rear of the site and either storing all other materials and equipment inside the structures or removing them from the site. John Schuller with JR & Co. Roofing addressed the Board. He explained that he acquired the property in 2004 with plans to build a permanent structure for his business. At this time he has no water or sewer utilities to the property, but expects to get them as the Horizon’s projects develops. He explained that he would like to put up a temporary structure until utilities are available and he can develop a plan and be permitted for construction. This would help to clean up the property. The back of the lot would be graded and the tree line would also be cleaned up to store the trailers behind the building. Fred Buckley asked if there would be any development in the Horizon’s area in the near future. Mike Duffy explained that at this point the City is not having discussions with any developer for this property. The City is working to get utilities in the area for future development. Gale Perkins asked if any of the adjacent property owners were notified of the meeting tonight. Mike Duffy explained that all property owners within 185 feet were notified by certified mail. In addition a notice was published in the Platte County Landmark. Gale Perkins asked how staff came to recommend the 600,000 square feet of development. Mike Duffy replied that development will most likely occur across the street from the applicant first or north or south of the property. The City would even be willing to say development within 2,000 feet of the applicant’s property. Fred Buckley commented that the applicant is interested in building a permanent structure. Mike Duffy replied that the permanent structure will have to meet the design standards set for that area. 2 John Schuller said that the overall plan is to build a permanent building, but that he realizes that a larger developer may come and purchase the property, but for now he is planning to build a permanent structure. Gale Perkins asked if the Board of Zoning Adjustment had the power to require the trailers to be parked at the rear of the property. Mike Duffy replied that the Board does have the power to place conditions on anything they approve. John Schuller said that he has 3-4 semi-trailers, dump trailer, and flat bed trailers that will all be parked at the back of the lot. All that will be visible from the road will be the front of the temporary structure and his construction trailer. Everything will be stored inside the structure or behind it so that it is screened from the road. Due to the cost of the 150x200 building there may be two 80x200 buildings of the same design. Fred Buckley asked if any of the conditions for approval seemed too burdensome to the applicant. John Schuller replied that none of them seemed burdensome. His only concern was the area that the 600,000 square feet of development would occur in that would require the removal of the temporary structure. Mike Duffy replied that the City would be ok with the condition stating that development of 600,000 square feet occurring within 1,200 feet of rd the property south of 43 Street, north of Interstate 635 and the railroad tracks. In addition, staff will also provide a map of the area so there is no confusion in the future. Utilities will also be required with 500 feet of the property in the condition. John Schuller replied that this was reasonable. Mike Duffy suggested that the Board of Zoning Adjustment revisit this application in one year to reevaluate the progress of development. Gale Perkins closed the Public Hearing at 6:37 p.m. Fred Buckley moved to approve the variance to allow one 150x200 or two 80x200 temporary structures at 3950 Van de Populier with the following conditions:  At such time that a total of 600,000 square feet of new construction has occurred within 1,200 feet of the property rd south of 43 Street and north of Interstate 635 and the rail road tracks, and utilities are within 500 feet of the property, the structure and associated stored materials and equipment shall be removed.  The Board of Zoning Adjustment will meet in one year to reevaluate the progress of the development.  If the previous condition does not occur, the approval of the variance shall expire after 5 years. The applicant may request an extension, which shall be reviewed by the Board of Zoning Adjustment.  The temporary structure may be constructed in the front 3 (eastern) portion of the site provided all setbacks are met; however any outdoor storage of trailers must occur on the back (western) portion of the property. This will help screen the storage from traffic along Van de Populier and Horizons Parkway.  The total number of trailers stored at one time shall not exceed 20.  The applicant shall provide a neat and orderly appearance by moving all trailers to the rear of the site and either storing all other materials and equipment inside the structures or removing them from the site. Jeff Warren seconded and the motion passed. Adjournment Fred Buckley made a motion to adjourn Dean Lefstad seconded and the meeting was adjourned. _____________________________________ Sarah Wagner, Administrative Clerk 4