Board of Adjustment - Regular Meeting

Adjustment meeting for the city of Overland, Missouri to be held January 14th, 2026 will now be called to order. Roll call. Dan Kipper here. Tim Jones is excused. Jay Fetch here. Jeff Okonnell here. John Seal here. Legal council Joseph Bond. Community development Katie Sanders here. Community development Diane Robinson. here.

Has the board reviewed the minutes of the meeting held on Wednesday, December 10th, 2025? And if so, does anyone have questions or changes to be made to the minutes? Okay. I will now entertain a motion to approve the minutes of December 10th, 2025 board of adjustment hearing. I'll make that motion. Okay. Jay, I need a second. John. Okay. Pull the vote. Seal yes. Okonnell are yes. Kipper yes. And fetch yes.

All parties present wishing to partake in any decision I mean discussion of the applications for variances or appeals submitted to the board. Will you please step forward to be sworn in? Once you've been sworn in, you can take your seat. Raise your right hand. Do you solemnly swear or affirm that the testimony you will give at this hearing will be the truth, the whole truth, and nothing but the truth? Yes, I do.

Thank you. You can have a seat. Period of validity and required votes as per section 400.935. period of validity unless as otherwise specified by the board of adjustment in their approval for an application. No variance granted by the board of adjustment shall be valid for a period of longer than 180 days from the date upon which the variance is granted unless within such period. One, a building permit is obtained in the construction or alteration of the structure is commenced and pursued diligently towards completion. or two, a certificate of occupancy is obtained in a use or occupancy commenced. The board of adjustment may grant extensions not exceeding 180 days each upon written application without prior notice or hearing. As per section 400.940, approvals required vote. A concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to decide in favor of the applicant on any matter upon which is required to pass under the article or to affect any variation of the chapter. First agenda item, 2636 Woodson Road. Would the applicant for the record please step to the podium, state your name and address?

Hello, my name is Andreas Garcia and the address is 2636 Woodson Road. Okay. Do you have do do you have anything for the record that you would like to add in as evidence at this time?

Uh no, same information uh will be off uh for office use uh for uh roofing company. Uh no materials will we store on site, no dump trailers, no KB equipment basically just office uh just office staff. Everything that we order it goes from our supplier to the customer house just office. Okay. Thank you. Reading of the exhibits by title only A1 through A12. Exhibit A1 agenda. Exhibit A2 notice of public hearing. Exhibit A3, staff report. Exhibit A4, application PZ25-53. Exhibit A5, application PZ25-54. Exhibit A6, application PZ25-55. Exhibit A7, application PZ25-56. Exhibit A8, application PZ25-57. Exhibit A9, application PZ25-58. Exhibit A10, copy of ordinances. Exhibit A1, plan. Exhibit A12, GIS map. Are there any questions regard regarding these exhibits presented? If no questions, then exhibits A1 through A12 are received into evidence as presented. Hearing progression order, community development, present the city's case.

Thank you, Chairman. Mr. Salgado appeared before the planning and zoning commission on November 25th, 2025, seeking approval of a conditional use permit and site plan. Review review revealed the site had been vacant for 180 days or greater. Therefore, the property, the building, and the use had lost any non-conformity. Further, the site plan review revealed the site does not meet the current zoning code in relation to yard setbacks, screening, and landscape requirements in parking. Planning and zoning commission recommended approval of the conditional use permit and site plan contingent upon the applicant obtaining approval of variances related to the site deficiencies as outlined in the staff report.

Thank you. Yes, sir. Any additional comments from the city attorney? Uh, I'll be kind of short because I'm a little under the weather. Uh, you know, this is essentially a like forlike use. It used to be a a tree removal company and it's again going to be kind of a contractor's operation. Uh, as the applicant stated, there's not going to be any materials stored there. There's not really any room to do much of anything. The building kind of takes up everything. So, you know, we're looking at a situation of probably that building's been there quite some time and 1945. Yeah. So, predates the zoning code probably. I mean, most certainly. Well, one of them anyway.

Yeah. Predates the one from the 80s, which is the main one we use. So, yeah, this is, you know, just another one of those situations where it was continually used and for some reason or another stopped being used for a brief time and then that's why they're here. So, okay. Thank you. Applicant, pre present your case and hardship.

Why are you asking for the variances?

Um, I guess bottom line, we're trying to uh, you know, be able to use the building. Uh, and when we presented the site plans, I guess there were some some codes that didn't meet and we're just trying to obtain an occupancy and use the building. Okay, thank you. Comments or questions from the board? Comments from the audience? I will now entertain a motion to approve a variance from section 400.230 point D.4 4.8 front yard setback to allow one foot front yard setback as opposed to the 30t front yard setback as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve?

I'll make that motion. Second. I'll second it. Okay. Pull the vote. Okonnell, yes. Keer, yes. Fetch, yes. Seal, yes. I will now entertain a motion to approve a variance from section 400.230 point D.4B sideyard setback to allow zero foot set foot sideyard setback as opposed to the 12T sideyard setback on the south side of the building as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? Motion to approve. Second.

Second. Okay. Pull the vote. Kipper. Yes. Fetch. Yes. Seal. Yes. And a yes. I will now entertain a motion to approve a variance from section 400.230 point D.4 4B sideyard setback to allow a twoft sideyard setback as opposed to the 12 foot sideyard setback on the north side of the building as presented within the applicant's plan due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve?

Motion to approve. I have a second. I'll second that motion. Pull the vote. Fetch. Yes. Seal. Yes. Okonnell's a yes. Kipper, yes. I will now entertain a motion to approve a variance from section 400.450.8.2 frontage screening and landscaping to allow no landscaping along the front of the property as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? Motion to approve. Second. Second. Okay. Pull the vote. Fetch. Yes. Seal.

Yes. Okonnell's a yes. Kipper, yes. I will now entertain a motion to approve a variance from section 400.450.8.4 interior screening and landscaping to allow no landscaping within the interior of the property as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? I'll make a motion to approve. Second. Okay. We have the second. Vote on it. I'm getting there. We have to turn the page. Damn. Seal. Yes.

Okonnell's a yes. Kipper. Yes. Fetch. Yes. I will now entertain a motion to approve a variance from section 400.450. 4550.8.11 per perimeter screening and landscaping to allow no landscaping along the property perimeter as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? I make that motion. Second. Okay. Pull the vote. Okonnell, yes. Kipper, yes. Fetch, yes. Seal,

yes. I will now entertain a motion to approve a variance from section 400.470.B.3 schedule of required parking spaces general office to allow four parking spaces as opposed to the required six per square footage of the building as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? Motion to approve. Second. I'll make a second. Pull the vote. Keer, yes. Fetch, yes. Seal, yes.

And Okonnell is a yes. Okay, that's all of them. You have been approved. Good luck with your business. Get with Katie and she'll tell you when and where and how to pick up your variances. Thank you.

Is that what I said? Well, okay. I need a motion to adjurnn. Motion to adjurnn. Second, John. All in favor? I I We're adjourned. Time to turn the phones back on.

You got to go back. I mean, I this this was my third day in a row. She'll send you an email tomorrow. We'll just have to double check with the city clerk because I'll just wait and go out there tomorrow. Who's in the hospital? My mom. Oh, really? We'll let her know that this was all uh Well, she's got acute heart failure. Oh, And uh she's only kicking it about 43% in her heart. Damn. So, and pneumonia. And yeah, pneumonia they seem to be pretty much got under control. She's doing much better. But while she was there, you know, she was in the emergency room. They put her in a special room, but she was there email to 16 hours.

She caught a flu. So, she didn't eat for two days. But when I was here