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Home My WebLink About2024-05-23 Board of Zoning Adjustment Packet 1 MINUTES REGULAR MEETING BOARD OF ZONING ADJUSTMENT RIVERSIDE, MISSOURI Thursday, November 2, 2023 5:30 p.m. The Board of Zoning Adjustment for the City of Riverside, Missouri, met in regular session on Thursday, November 2, 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 and Sean Mallory with J.E. Dunn Construction representing the applicant. Approval of Minutes of August 16, 2023. John Heryar moved to approve the minutes of August 16, 2023, seconded by Rick Euwer. Motion passed 4-0. Request for variance from sign height allowed in the C-1 zoning district. The public hearing was opened at 5:31 p.m. Sarah Wagner, City Planner, gave a staff report. She explained that the applicant, MCPL is requesting a variance from the maximum height allowed for a monument sign in the C-1 zoning district. The maximum height allowed is ten feet above grade. The applicant is requesting a sign that is 14 feet 2 inches heigh. 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 2 consistent with the signage used throughout the Library’s capital improvements within the district. 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. 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. _____________________________________ 3 Sarah Wagner, City Planner Page 1 of 2 City of Riverside Staff Analysis Report Case Number BZA24-01 Variance 4703 NW Montebella Drive Parcel # 23-3.0-05-200-001-009.000 General Information Appellant: Joseph Hershwew Location: 4703 NW Montebella Drive Application: Variance from the 10-foot side setback for residential accessory structures (UDO Section 400.490) Zoning: PD Planned Development Existing Land Use: Single Family Residential Analysis The applicant is requesting a variance from the Unified Development Ordinance (UDO) Section 400.490 regulating the construction of accessory structures. The applicant has started construction on a 96 square foot pool equipment structure without a permit. The current placement of the structure does not meet the 10-foot rear setback requirements. 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 that the structure is located on is approximately 0.27 acres. However, they also own the lot to the east which is approximately 0.23 acres and the lot to the west which is approximately 0.32 acres giving them a total of 0.82 acres of land in the Montebella subdivision. In addition, the property backs up to greenspaces, owned and maintained by the homeowner’s association. The applicant’s pool equipment has been in this location since the pool was installed. The equipment is permitted to be located within the setback, but not a structure to protect it. 2. The strict application of the subject provisions will constitute unnecessary hardship to the applicant. The applicant is attempting to construct a structure to protect his pool equipment. Without the structure it will likely cause the equipment to fail and require the applicant to replace it more often than if it was protected from the elements. 3. The granting of the variance will not adversely affect the rights of adjacent property owners or residents. The applicant owns the property adjacent to the location of the structure and there is green space behind the structure. This will not adversely impact the adjacent property owners. Page 2 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 public, health, safety, or 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 be opposed to the general spirit of the ordinance as this is a unique situation where the property owner owns both lots adjacent to the location of the structure as well as green space directly behind it. The pool equipment already exists. The applicant is simply adding a structure to screen and protect the equipment that matches his house and will blend better with the surroundings. Recommendation Section 400.280.A.5 of the UDO stated that, in order for the Board of Zoning Adjustment to approve a variance, the applicant must prove the above listed conditions. Staff would support the granting of the variance. Attachment • Exhibit A: Project Location Map