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Home My WebLink About2023-11-02 Board of Zoning Adjustment Packet 1 MINUTES REGULAR MEETING BOARD OF ZONING ADJUSTMENT RIVERSIDE, MISSOURI Wednesday, August 16, 2023 5:30 p.m. The Board of Zoning Adjustment for the City of Riverside, Missouri, met in regular session on Wednesday, August 16, 2023. The meeting was called to order at 5:30 p.m. Answering roll call were Chris Craig, John Heryear, Rick Euwer and Lowell Hickman. Also present: Sarah Wagner, City Planner, Ricky & Rickie Johnson, Applicants, Rachel & Kerry Coombe, Property Neighbors and Rhonda Smith, Community Admin. Approval of Minutes of December 7, 2021. John Heryar moved to approve the minutes of December 7, 2021, seconded by Rick Euwer. Motion passed 4-0. Request for variance from the parking lot setback at 4304 NW Mattox Road The public hearing was opened at 5:31 p.m. Sarah Wagner, City Planner, gave a staff report. She explained that the applicant, Rick Johnson, is planning to build a 576 square foot garage that will be attached to the house. The applicant house is on a corner lot on a street with no outlet and only one other house across the street. There are no plans to extend the street. The applicant is requesting the setback for garage be amended from 15 feet to 10 feet. 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 relax the side and rear setbacks to accommodate the construction of a garage addition. They are located on a corner lot of a road that currently dead ends with no future plans to continue the road. If the dead-end road was not there, they would only have a 10 foot side setback in which the garage addition would be able to fit into. The rear property line is the eastern city limit for Riverside as well as the county line for Platte County. The adjacent property to the east is on a larger lot and the house is approximately 100 feet from the rear property line of the applicant’s property. 2. The strict application of the subject provisions will constitute unnecessary hardship to the applicant. The strict application of the required side and rear setbacks will not constitute an unnecessary hardship on the applicant. The property has a two-car attached garage. The applicant has the option to make the footprint of the garage smaller or reconfigure it to fit within the existing 2 setbacks. 3. The granting of the variance will not adversely affect the rights of adjacent property owners or residents. The surrounding area is all similar single family homes. Granting of the variance by allowing the applicant to have a 25ft rear setback and a 10 foot side setback on a corner lot will not change the character of the neighborhood or the value of the surrounding properties. 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. The applicant will still have to meet all other setback and code requirements. 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 minimum side and rear setbacks. There are several other single-family neighborhoods in the city that are zoned PD Planned Development that are designed to have 25 foot rear setbacks and 7.5 foot side setbacks (Palisades and Montebella). Recommendation Staff supports the applicants request for a variance from the required 15-foot minimum side setback and for a corner lot and the 30-foot rear setback to allow the applicant to construct a garage addition. The City strives to be a diverse community. One of the goals of the City’s Comprehensive Plan is to have a variety of housing options and amenities. Allowing a variance for the required side and rear setbacks by five (5) feet does not change the character or intent of the neighborhood or design regulations for single-family homes. The public hearing was closed at 5:47 pm. Christ Craig moved to approve the proposed variance; seconded by John Heryear. Motion approved 4-0. Adjournment John Heryear moved to adjourn the meeting at 5:50 p.m., seconded by Rick Euwer. The meeting was adjourned 4 -0. _____________________________________ Sarah Wagner, City Planner Page 1 of 2 City of Riverside Staff Analysis Report Case Number BZA23-02 Variance 4510 NW Gateway Ave (Mid-Continent Public Library) General Information Appellant: Mid-Continent Public Library (Sean Mallory with J.E. Dunn Construction) Location: 4510 NW Gateway Ave. Application: Variance from the maximum sign heigh allowed in the C-1 District Zoning: C-1 Commercial Existing Land Use: Under Construction (Previously Vacant) Analysis The applicant is requesting a variance from the Unified Development Ordinance (UDO) Section 400.700.A.2 regulating signs permitted in the C-1 District. They are requesting a variance from the maximum height allowed for monument signs in this zoning district. Section 400.700.A.2 states that monument signs shall have a maximum height of no more than ten (10) feet above average grade. The applicant is requesting a variance to allow a monument sign that is 14 feet 2 inches tall. This would make the sign 4 feet 2 inches taller than what is allowed by code. 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 relax the maximum height requirement for a monument sign in the C-1 District. The new library construction project is part of a multi-year capital project plan as well as a partnership between the City of Riverside and the Library District. Before the partnership with the Library this property had sat vacant for several years. It was the former site of Quik Trip and when they moved, they placed extensive deed restrictions on the property. While these deed restrictions do not apply to signage, the overall restrictions are unique to this site and not prevalent anywhere else in the area. If it was not for the partnership with the Library this property would have probably sat vacant for several more years. 2. The strict application of the subject provisions will constitute unnecessary hardship to the applicant. The strict application of the required side and rear setbacks will not constitute an unnecessary hardship on the applicant. They would still be able to put up a monument sign, however the sign would not be consistent with the signage used throughout the Library’s capital improvements within the district. Page 2 of 2 3. The granting of the variance will not adversely affect the rights of adjacent property owners or residents. The surrounding area is all similar commercial businesses. Granting of the variance by allowing the applicant to have a taller sign will not change the character of the neighborhood or the value of the surrounding properties. There are several businesses in the area that have signs that predate our current sign code that are taller than the allotted 10 feet such as the carwash, Corner Café, and Sonic to name a few. 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. The applicant will still have to meet all other code requirements. 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 may conflict with or be opposed to the general spirit of the maximum sign height allowance; however the library is not a typical commercial business. In addition, many of the surrounding businesses have signs that exceed 10 feet so the sign will not seem out of character for the area. Recommendation Staff supports the applicants request for a variance from the maximum sign height of 10 feet in a C-1 zoned district. While the goal of the comprehensive plan was to limit the size of signs, so they do not clutter the corridor, the proposed sign is not out of character with the surrounding area. In addition, it is directing people to a public service, not an actual business. Attachment • Exhibit A: Project Location Map • Sign Rendering