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Home My WebLink About2024-07-25 Board of Zoning Adjustment PacketCITY OF RIVERSIDE MISSOURI Upstream from ordinary BOARD OF ZONING ADJUSTMENT MEETING RIVERSIDE CITY HALL 2950 NW VIVION ROAD RIVERSIDE, MISSOURI 64150 TENATIVE AGENDA JULY 25, 2024 5:30 p.m. 1. Call to Order 2. Roll Call 3. Approval of Minutes of May 23, 2024 4. Request for a variance from rear setback- 4124 NW Riverside Street 5. Adjourn Sarah Wagner, City Planne ATTEST: Robin Kincaid Posted 07.22.2024 at 4:30 p.m. MINUTES REGULAR MEETING BOARD OF ZONING ADJUSTMENT RIVERSIDE, MISSOURI Thursday, May 23, 2024 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, Joseph Hershwe, Variance Applicant and Rhonda Smith, Community Admin. Approval of Minutes of John Heryar moved to approve the minutes of November 2, 2023, November 2, 2023. seconded by Rick Euwer. Motion passed 4-0. Request for variance from Sarah Wagner, City Planner, gave a staff report. She explained that the rear setback — 4703 NW applicant, Joseph Hershwe, is requesting for accessory structures. The Montebella Drive applicant started a 96 square foot structure to house pool equipment that does not meet the 10-foot rear setback. The applicant is requesting the setback be relaxed to five feet. 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. 1 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. 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. Chris Craig moved to approve the proposed variance; seconded by Lowell Hickman. Motion approved 4-0. Adjournment Chris Craig moved to adjourn the meeting at 5:35 p.m., seconded by Rick Euwer. The meeting was adjourned 4 -0. Sarah Wagner, City Planner 2 CITY OF RIVERSIDE MISSOURI Upstream from ordinary City of Riverside Staff Analysis Report Case Number BZA24-02 Variance Upstream from ordinary. 4124 NW Riverside Street Parcel # 23-2.0-04-300-003-014.000 General Information Applicant: Doug Davis- Luke Draily Construction for Eaton Chemical Location: 4703 NW Montebella Drive Application: Variance from the 10-foot rear setback for non-residential accessory structures (UDO Section 400.490) Zoning: I Industrial Existing Land Use: Industrial Analysis The applicant is requesting a variance from the Unified Development Ordinance (UDO) Section 400.490 regulating the construction of accessory structures. The applicant would like to add a maintenance garage on their property located at 4124 NW Riverside Street. To fit the building and have the needed maneuvering lanes for truck traffic the applicant needs to construct the building on the property line with no set back. The addition of this garage will allow the applicant to do maintenance on their equipment indoors and help eliminate some of their outdoor storage. In addition, the applicant will be paving this area brining it into compliance with city standards of requiring hard surface parking. 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 has approximately 2.5 acres with two existing buildings. The property is bound by the Riverside Quindaro Bend Levee and Line Creek to the west, Riverside Street to the east and existing buildings to the north and south, including the City's Public Works campus. In addition the existing buildings were originally constructed in the early 1960's. 2. The strict application of the subject provisions will constitute unnecessary hardship to the applicant. The applicant wishes to construct a maintenance garage to work on their equipment while being protected from the elements. 3. The granting of the variance will not adversely affect the rights of adjacent property owners or residents. The applicant's additional building will not adversely impact other neighboring business. The Fire Marshal has reviewed the site plan and there is no concern with having the building right on the property Page 1 of 2 line and being in closer proximity to the building to the south. All properties in the area are zoned industrial are operate in a similar capacity. 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. There are other structures in the area that have been constructed on the property line. The new building will be constructed in accordance with the City's development standards and meet all other requirements. 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: Site Plan • Exhibit B: Elevations Page 2 of 2 BeaconTM Platte County, MO Overview Legend Parcels Current Roads 1 2 3 4 5 6 8 9 10 <al l other values> Subdivisions Lot Numbers Parcel ID 23-2.0-04-300-003-014.000 Sec/Twp/Rng 4/50/33 Property Address 4124 NW RIVERSIDE ST Alternate ID n/a Class Commercial Acreage 2.5329 Owner Address EATON INVESTMENTS LLC 205868-BPP 4124 NW RIVERSIDE ST RIVERSIDE, MO 64150-0000 District Dist 23 Brief Tax Description ALL THAT PART OF THE SW 1/4 OF SEC 4 BEG E 2405' AND N 1017' FROM THE SW COR OF SAI D SEC (Note: Not to be used on legal documents) Date created:7/22/2024 Last Data Uploaded: 7/20/202412:09:37 AM Developed by Schneider GEOSPATIAL SITE/GRADING PLAN Sheet reference number C200 CFS ENGINEERS EATON CHEMICALS DRAINAGE IMPROVEMENTS RIVERSIDE PLATTE COUNTY MISSOURI Image description: map of 45' by 100' new building location with areas highlighted for proposed reinforcement concrete pavement and proposed full depth asphaltic pavement; shows graing limits at various loations, surrounding buildings west of NW Riverside Drive SITE PLAN GENERAL NOTES: 1 THE BOUNDARY INFORMATION EXISTING UTILITY LINES AND TOPOGRAPHIC FEATURES SHOWN ARE ACCORDING TO THE BEST INFORMATION MADE AVAILABLE` TO THE ENGINEER. HOWEVER, ALL UTILITIES EXISTING MAY NOT BE SHOWN. THE CONTRACTOR SHALL BE RESPONSIBLE FOR FIELD VERIFING EXISTING TOPOGRAPHIC FEATURES EXISTING UTILITY LOCATIONS AND REPORT ANY DISCREPANCIES TO THE OWNER AND ENGINEER PRIOR TO BEGINNING CONSTRUCTION ACTIVITIES. 2. THE CONTRACTOR IS RESPONSIBLE FOR THE PROTECTION OF ALL PROPERTY CORNERS. 3. THE CONTRACTOR SHALL MATCH THE EXISTING PAVEMENT IN GRADE AND ALIGNMENT TO PROVIDE SMOOTH SURFACE TRANSITIONS BETWEEN NEW ENTRANCE DRIVES AND EXISTING STREETS. 4. THE CONTRACTOR SHALL MATCH EXISTING GURB AND GUTTER IN GRADE, SIZE, TYPE AND ALIGNMENT AT CONNECTIONS TO EXISTING STREETS. 5. THE CONTRACTOR IS RESPONSIBLE FOR THE REPAIRS OF DAMAGE TO ANY EXISTING IMPROVEMENTS DURING CONSTRUCTION SUCH AS BUT NOT LIMITED TO: DRAINAGE UTILITIES PAVEMENT, STRIPING CURB ETC., AND TO INCLUDE ANY WORK IN DOT R.O.W. AND/OR CITY R.O.W. REPAIRS SHALL BE EQUAL TO OR BETTER YHAN EXISTING CONDITIONS. 6. ALL WORK ON THIS PLAN SHALL BE DONE IN STRICT ACCORDANCE WITH THE OWNER'S SITEWORK SPECIFICATIONS AND/OR GEOTECHNICAL REPORT. 7. ALL CONSTRUCTION WITHIN THE RIGHT-OF-WAY SHALL CONFORM TO THE CITY OF RIVERSIDE, MISSOURI AND KANSAS CITY METROPOLITAN CHAPTER OF APWA STANDARDS AND SPECIFICATIONS. 8. ALL WORK SHALL CONFORM TO THE APPLICABLE SECTIONS OF THE STANDARD SPECIFICATION AND DESIGN CRITERIA OF THE KANSAS CITY METROPOLITAN CHAPTER OF APWA AND THE CITY OF RIVERSIDE, MISSOURI, IN CURRENT USAGE EXCEPT AS NOTED. 9. THE CONTRACTOR SHALL GIVE NOTICE TO THE CITY 48 HOURS IN ADVANCE OF BEGINNING CONSTRUCTION WORK ON ANY EXISTING STREET. 10. ALL SITE PREPARATION SHALL INCLUDE CLEARING OF TREES, STUMPS, BRUSH FENCES POSTS, MAILBO:FS SIGNS, EXIS iING ASPHALT AND CONCRETE AND OTHER EXISTING SURFACE FEATURES AS NECESSARY by THE CONTRACTOR TO PERFORM THE WORK SHOWN ON THE PLANS. 11. ALL DEBRIS SHALL BE DISPOSED OF BY THE CONTRACTOR OFF SITE IN ACCORDANCE WITH THE CURRENT CITY OF RIVERSIDE MISSOURI REGULATIONS- 12. ALL EARTHWORK ON THIS PROJECT SHALL BE CLASSIFIED AS "UNCLASSIFIED EXCAVATION" OR "COMPACTION OF EARTHWORK" THE CONTRACTOR SHALL HAVE A GEOTECHNICAL ENGINEER PRESENT SURING FILL OPERATIONS AND FINAL SUBGRADE COMPACTION TO MONITOR PROPER COMPACTION. 13. THE CONTRACTOR SHALL COMPACT UNDER ALL NEW PAVING ACCORDING TO THE CITY OF RIVERSIDE, MISSOURI AND THE KANSAS CITY METROPOLITAN CHAPTER OF APWA TECHNICAL SPECIFICATIONS. 14. THE CONTRACTOR SHALL PROVIDE ADEQUATE PERMANENT SIGNING TRAFFIC CONTROL, SIGNING BARRELS AND BARRICADES AS RECOMMENDED IN THE "MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES" CURRENT EDITION. 15. CONSTRUCTION STAKING SHALL BE PROVIDED BY THE CONTRACTOR. SURVEY STAKES BENCHMARKS AND PROPERTY PINS DESTROYED BY THE CONTRACTOR SHALL BE REPLACED BY THE ENGINEER AT THE C`ONTRACTOR'S EXPENSE. 16. WRITTEN DIMENSIONS SHALL PREVAIL OVER SCALED DIMENSIONS. 17. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS BEFORE CONSTRUCTION BEGINS. 18. THE SITE CONTRACTOR SHALL SUPPLY AS -BUILT PLANS INDICATING ALL CHANGES AND DEVIATIONS FROM THE DESIGN DOCUMENTS. 19. ANY UNANTICIPATED CONDITIONS ENCOUNTERED DURING THE CONSTRUCTION PROCESS SHALL BE IDENTIFIED TO THE OWNER AND ENGINEER IMMEDIATELY. 20. THE CONTRACTOR SHALL PROVIDE THE OWNER WITH A LIST OF SUB -CONTRACTORS PRIOR TO COMMENCEMENT OF CONSTRUCTION ACTIVITIES. GRADING PLAN GENERAL NOTES: 1. EXISITING AND PROPOSED CONTOURS ARE SHOWN AT 0.2' INTERVALS AND ARE REFERENCED TO THE KCMO DATUM. THE FINISHED CONTOUR LINES SHOWN ARE TO FINISHED GRADE FOR THE TOP OF SIDEWALKS, CURBS FLOOR SLAB ANDSLA PAVEMENT UNLESS OTHERWISE NOTED.REFER TO THE TYPICAL SECTIONS FOR PAVING B AND AGGREGATE BASE THICKNESS TO ADJUST FOR GRADING LINE ELEVATIONS. 2. THE SUBCONTRACTOR SHALL BE RESPONSIBLE FOR SECURING THE NECESSARY PERMITS FOR THE COMPLETION OF EARTHWORK AS SHOWN AND FOR HAULING BORROW MATERIAL IN AND WASTE MATERIAL OFF OF THE SITE. 3. AREAS OF PROPOSED CONSTRUCTION SHALL BE STRIPPED OF ALL VEGETATION AND TOPSOIL TO A DEPTH OF SIX INCHES (6") OR AS DIRECTED BY THE GEOTECHNICAL ENGINEER. THE TOPSOIL SHALL BE STOCKPILED FOR FUTURE USE. TOP SOIL SHALL NOT BE USED FOR STRUCTURAL FILL IN BUILDING AND PAVEMENT AREAS. 4. TESTING AND INSPECTION OF EARTHWORK SHALL BE PROVIDED BY A TESTING LABORATORY SELECTED BY THE OWNER THE OWNER SHALL BE RESPONSIBLE FOR THE COST OF TESTING. 5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR FIELD ADJUSTING THE TOPS OF ALL MANHOLES AND VALVE/METER BOXES AS NECESSARY TO MATCH THE FINISH GRADE OF ADJACENT AREAS. NO SEPARATE OR ADDITIONAL COMPENSATION SHALL BE MADE TO THE CONTRACTOR FOR MAKING THE FINAL ADJUSTMENTS TO MANHOLES AND BOXES. 6. SOIL FOR FILLING SHOULD BE GRADED AS IT ARRIVES. 7. GRADING SHALL NOT EXCEED A 3' HORIZONTAL TO A V VERTICAL SLOPE. B. THE CONTRACTOR SHALL NOT GRADE OUTSIDE THE PROPERTY LINE UNTIL APPROVAL FROM THE APPROPRIATE REGULATORY AGENCIES IS GIVEN. 9. REMOVE FROM THE SITE MATERIAL ENCOUNTERED IN GRADING OPERATIONS THAT IN THE OPINION OF THE OWNER OR THE OWNER'S REPRESENTATIVE, IS UNSUITABLE OR UNDESIRABLE FOR BACKFILLING SUBGRADE OR FOUNDATION PURPOSES, SHALL BE DISPOSED OF IN A MANNER SATISFACTORY TO THE OWNER. BACKFILL AREAS WITH LAYERS OF SUITABLE MATERIAL SHALL BE COMPACTED AS SPECIFIED. 10. UNLESS OTHERWISE INDICATED ON THE DRAWINGS REMOVE TREES SHRUBS GRASS, OTHER VEGETATION IMPROVEMENTS OR OBSTRUCTIONS INTERFERING WITH THE INSTALLATION OF NEW CONSTRUCTION. REMOVAL INCLUDES DIGGING OUT STUMISS AND ROOTS. DO NOT REMOVE ITEMS ELSEWHERE ON SITE OR PREMISES UNLESS SPECIFICALLY INDICATED. 11. STRIP TOPSOIL TO WHATEVER DEPTHS ENCOUNTERED TO PREVENT INTERMINGLING WITH UNDERLYING SUBSOIL OR OTHER OBJECTIONABLE MATERIAL. CUT HEAVY GROWTHS OF GRASS FROM AREAS BEFORE STRIPPING. TOPSOIL SHALL CONSIST OF SANDY CLAY SURFICIAL SOIL FOUND IN DEPTH OF NOT LESS THAN 6". SATISFACTORY TOPSOIL IS REASONABLY FREE OF SUBSOIL, CLAY, LUMPS, STONES AND OTHER OBJECTS OVER V IN DIAMETER, WEEDS, ROOTS AND OTHER OBJECTIONABLE MATERIAL. 12. STOCKPILE TOPSOIL IN STORAGE PILES IN AREAS SHOWN OR WHERE DIRECTED. CONSTRUCT STORAGE PILES TO FREELY DRAIN SURFACE WATER. COVER STORAGE PILES IF REQUIRED TO PREVENT WINDBLOWN DUST. DISPOSE OF UNSUITABLE WASTE MATERIAL. EXCESS TOPSOIL SHALL BE REMOVED FROM THE SITE BY THE CONTRACTOR UNLESS SPECIFICALLY NOTDORRISE OPRSTOR PILE AREAS WITH TEMPORARY ELEVATION. FFIR13. COMPLETELYEMOVE S UMS OO AND OHEDEBRIIIBELOWPROSED SUBGRADE ILLDEPESSIONS CAUSED BY CLEARING AND GRUBBING OPERATIONS WITH SATISFACTORY SOIL MATERIAL UNLESS FURTHER EXCAVATION OR EARTHWORK IS REQUIRED. 14. REMOVE EXISTING SOIL ABOVE AND BELOW GRADE IMPROVEMENTS AND ABANDON UNDERGROUND PIPING OR CONDUIT NECESSARY TO PERMIT CONSTRUCTION AND OTHER WORK. 15. ALL GRADING SHALL COMPLY WITH THE GEOTECHNICAL REPORT. 16. THE CONTRACTOR SHALL PROVIDE EROSION CONTROL IN ACCORDANCE WITH THE APPROVED LAND DISTURBANCE PERMIT ISSUED BY THE CITY OF RIVERSIDE, MISSOURL scharhag HERMAN A. SCHARHAG COMPANY, ARCHITECTS 6247 Brookside Blvd, #204 Kansas City, Mo 64113 Phone: 816-656-5055 Scharhagarch@gmail.com NEW BUILDING FOR EATON CHEMICAL 4124 NW RIVERSIDE ST. Colored Elevations Project Number 2377 Date 12.21.2021 A202 Scale 1/8"=1'-" Image description: four images of elevations on each side of building