Board of Adjustment - Regular Meeting

about it now. Hey, who's that knocking at my door? The board of adjustment meeting for the city of Overland, Missouri to be held March 11th, 2026 will now be called to order. I will now conduct roll call for the 826 public hearing of the board of adjustment. Dan Kipper here. Tim Jones here. Jay Fetch here. Jeff Okonnell, I'm here. And John is not. Legal counsel Joseph Bond here. Community Development Katie Sanders present. Community development Diane Robinson

here. Okay. Has the board reviewed the minutes of the meeting held on Wednesday, February 11th, 2026? And if so, does anyone have questions or changes to be made to the minutes? No, sir. Okay. I will now entertain a motion to approve the minutes of fe February 11th, 2026. Board of adjustment hearing. I'll make that motion. Tim second. I'll second it. Okay, Tim second. That was Jay. I'm sorry. P votes. Seal is out. Okonnell is a yes. Kipper, yes. Jones, yes. Fetch, yes.

All parties present wishing to partake in any discussion of the applications for variance or appeals submitted to the board, will you please step forward to be sworn in? And once you've been sworn in, you can take your seat again. So, anybody come in to talk about your come on up and get sworn in. Okay. 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? I do.

Thank you. You can have a seat until we call you back up. Okay. 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 longer than 180 days from the date upon which the variance is granted unless within such period, one, a building permit is obtained and the construction or alteration of the structure is commenced and pursued diligently towards completion. or two. A certificate of occupancy is obtained and a use or occupancy commenced. The board of adjustment may grant extensions not exceeding 180 days each upon written application without 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 this article or to affect any variation in the chapter. First agenda item, 9812 Ziken Avenue. Would the applicant for the record please step to the podium and state your name and address Justin King 9812.

Okay. Does the applicant for the record have any items you would like to have entered as exhibits of evidence besides what you've turned in? No, I think you all have everything. Okay. Thank you. Evidence.

Okay. I will now read exhibits A1 through A8 by title only. Exhibit A1, agenda. Exhibit A2, notice of public hearing. Exhibit A3, staff report. Exhibit A4, application PZ26-00004. Exhibit A5, deny the building application PB26-000021. Exhibit A6, copy of ordinances. Exhibit A7, plan. Exhibit A8, map. Are there any questions regarding the exhibits presented? If no questions, then exhibits A1 through A8 are received into evidence as presented. Hearing progression order, community development, present the city's case.

Thank you, chairman. An application to construct a front porch was received and denied due to the proposed porch being larger than the existing porch. The original porch did encroach into the front yard setback. Per section 400.290.K yard and setback exceptions. The replacement of an existing front porch shall be excluded from front yard setback requirements provided that the replacement front porch furnishes a front yard setback of no less than that of the existing front porch and the replacement is constructed of like or better materials. The existing front porch measured 4 feet by 20 ft and the proposed front porch measures 4t 8 in by 20 feet and 5 in. The enlarged front porch causes further deviation of the code. Okay. Thank you.

Yes, sir. Additional comments from the city attorney? No, I think Katie uh summarized what we're looking at. It's um if it was being in the exact same footprint, it wouldn't be here. Uh it's just a, you know, minor increase, but yeah. All right. Thank you. Applicant, present your case in hardship.

Yes, we are presenting our case on behalf of Wind Jammer Holdings. This house uh had a porch that was in disarray when we purchased it. The goal was to repair and stabilize this porch. Um, we got this approved by an engineer and reviewed by an engineer to stabilize the end result based on the correction and the the fix of the porch was an 8 in extension as noted by uh the community development director and we are just asking to seek approval from the board of adjustment for the approval of the variance for 8 in. Okay. Thank you very much. Comments and questions from the board. Is the reason that you're uh needing this extra 8 in is for support of the original port? Correct.

Okay. Comments from the audience. Okay. I will now entertain a motion to approve a variance from section 400.180. D.4.8 a front yard setback to allow a 3.3 foot encroachment into the 30 foot front yard setback 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, your honor. Second. I'll second it. Pull the vote. Okonnell is a yes. Kipper, yes. Jones, yes. fetch.

Yes. Okay. You've been approved. Thank you. Get with Katie and she'll hook you up with when you can come by and get this everything. Once the variances have been signed by the chairman, we'll release the building. Thank you. Good luck. Thank you, sir. Second agenda item, 2199 Interbelt Center Drive. Would the applicant for the record please step to the podium and state your name and address?

Good evening. My name is John Cone, K R O N E. I'm with Warren Sign. We're at 2955 Arnold Tenbrook Road, Arnold, Missouri 63010. All right. Does the applicant for the record have any items that you would like to be entered as exhibits of evidence that you haven't turned in yet? I do not. Okay. Thank you. Reading of the exhibits by title only. A1 through A9. I will now read exhibits A1 through A9 by title only. Exhibit B1. It must be B1 through B9. B8. So B8. Good catch. Chairman

through B8. Okay. B1, agenda. Exhibit B2, notice of public hearing. Exhibit B3, staff report. Exhibit B4, application PZ26-00005. Exhibit B5, application PZ26-00006. Exhibit B6, denied building application PS26-0021. Exhibit B7, copy of ordinances. And exhibit B8, plan

and exhibit B9 is the GIS map. Okay. I'm thinking what maybe it's on the next page. Okay. Oh, there it is. I'm sorry. Yep. You're good. Good job. Thank you. Are there any questions regarding the exhibits presented? If no questions in exhibits B1 through B9 are received into evidence as presented hearing progression order, community development present the city's case.

Thank you, chairman. An application to install an attached sign to the eastern wall extension of the building was denied due to the total number of attached signs and the height of the sign offgrade. Per section 4840.8.2, One attached wall sign is permitted. Up to 10% of the total square footage of the face of the building which the sign is placed. In the instance of corner lots, an additional attached sign is permitted on each street frontage not to exceed 10% of the total square footage of the face of the building which the sign is placed. Staff approved two attached wall signs for this location. The application that was denied is for a third attached wall sign. Additionally, the proposed sign violates section 400.8. 840B.2 which requires an attached wall-mounted sign to maintain a clearance of 10 ft above the ground or pavement. This proposed sign is 5T 6 in from grade installed on an 8ft wall extension.

All right, additional comments from the city attorney. Yeah, so we've looked at some of these signed things that we're um seeking on cleaning up at some point. Um, I would say this is kind of a unique quirk because if you look at um the the where the sign is gonna go, it's on a like a almost like a retaining wall as opposed to the face of the building. Yeah. I think it was kind of like a security measure if I had to guess because it's more like a fence.

Yeah. So, the interesting thing here is the code says, you know, the respective face of the building. This isn't really a face of the building. So, it's kind of this weird kind of does it apply, doesn't it apply, but you know, we read it as if it did. I think there's a decent argument it might not, but you know, all that will be resolved through a variance anyway. So, okay, temporary signs we would allow on something where it was a fence or a wall or something of that nature, but this is a permanent right sign. Okay. applicant, present your case in hardship.

Yeah, thank you for your time this evening. Um, as I said, my name is John Cone. I'm with Warren Sign. I have some representatives of Penny Mack here this evening, as well as um the contractor who's working on the building. As you know, PennyMy is going to be bringing about 400 jobs to Overland over the next couple of months. And um, you know, to make their space complete, they wanted to um make sure that their presence was was was aware here in in Overland. Um so the the wall that we're talking about is kind of a wing wall feature. It's behind a locked gate in a fenced in area. So the fact that um the sign needs to be a certain height above grade um is a bit challenging here because the wing the wing wall is only you know 10 feet 10t tall and the letters are such they can't be that far above grade. However, no one's going to be walking under those signs. no one's going to be able to reach or touch those signs or this particular sign and it doesn't pose any kind of danger or threat to uh to the general public. So, um you know, in that sense, um the ability to put this sign on the wing wall structure um seems to be um a request that I think should be heavily considered by the by the board here this evening. And um um you know in addition there was precedent I think you can see that previous tenant did have a sign on that wall that had a number of different I can't remember exactly

that sign wasn't permitted. Okay. Just so apologies but they never obtained I'm not I I'm not aware of where um understandable land but you know looking at the previous tenant there was a there was a sign there the art and science of of building. So um yes, we appreciate that. Thank you.

All right. So uh you know in that sense um you know approving the wing wall sign in this case I hope would be again under your strong consideration. Um, in addition, um, if we're talking about the corner lot and the quantity of signs, uh, the previous tenant had a monument sign in the front which we're refacing and has been approved. There was a wall sign in the front which we're has been approved. Um, there is a sign on the building um, which has been approved. And this sign um, would in essence be a fourth sign. However, in the case of the previous tenant, there was a large monument sign in the backyard that had CLO on three or four sides of it that was illuminated that you all may recall being there. So, in terms of quantity of signs, we would be at the same number of quantity of signs, not counting the sign that wasn't permitted, which would have put them at five.

Gotcha. So, okay. Appreciate it. And the square footage of all the signs uh that Penny Mack will be putting up would be less than the square footage of the signs that Clayco had, even not counting the sign on the on the wall that wasn't permitted. Thank you. Comments from the audience. Okay. I will now entertain a motion to approve a variance from section 400.84. What about us? I didn't ask you guys. I apologize. Comments from questions from the board.

Thank you, chairman. Um, so this is a sign. The wall is there, right? Right now. That's what you're saying. And that's where this that's where the sign's going to be placed. Yes. The wing wall is is been part of the structure of the building for ever since it was built. So Katie, you commented about a sign that wasn't that was not approved. Is that where that sign was? Correct. Okay. So the previous tenant placed a sign there without an approved permit. So, I didn't know if he was putting up the wall, too, but he's just putting up the sign. Correct. Okay. And I will say, not that I'm supposed to make their case for them, but it is a unique location how that building sits to start with. You know, they have exposure to the highway, but the front of the building is actually on the court of down through Interville Business Center Drive. It's a little unusual. So, this will be visible from 170.

Yes. Okay. Is this going to be a block sign, a block letter sign, or is this an electric? Or is this just going to be It is an illuminated sign. They are. It is a an internally illuminated sign. They're channel letters. Channel letters. Yes. It's within your packet. Yeah. I have a quick question, too. So, this sign is bas mainly for people driving by 170, not for the neighborhood. It doesn't really affect the neighborhood. No, it doesn't. It's just saying 170, look, we're here. Great question. Okay, thanks. Is this company considered to be world headquarters? I would defer to my

world headquarters. He was sworn in. Oh, regional office. Thank you. Okay. Anybody else? That's all. All right. Comments from the audience. We'll go back in right order here. None. Thank you. I will now entertain a motion to approve a variance from section 400.840.8.2 commercial signage to allow an approximately 58.72 square foot sign on the eastern front wall extension 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? I'll make that motion.

I'll second that motion. All right. Pull the vote. Kipper. Yes. Jones. Yes. Fetch. Yes. And Wonnell is a yes. I will now entertain a motion to approve a variance from section 400.840.B.2 commercial signage to allow a sign 5'6 in from the grade on a 8ft section of the eastern front wall extension 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? Make the motion to approve. Second. Okay. Pull the vote. Jones. Yes, sir.

Fetch. Yes. Okonnell's a yes. And Kipper? Yes. Okay. You've been approved. Thank you. Welcome to Yes. Thanks for bringing business in. Appreciate it. Good luck. What is it you guys do there? Okay, fantastic. Okay, I need a motion to adjurnn. Motion to adjurnn. Second. All in favor? I

opposed. I just have it. We are ajourned. Whatever the click of over there at the old express scripts on