Board of Adjustment - Regular Meeting

know thank you yeah up the steps is hard enough [Music] Dan okay we're good this is all we got nope also Jeff at the end of the meeting don't leave I have some things I need to decide no problem thank you okay the board of adjustment meeting for the city of Overland Missouri to be held March 12th 2025 will now be called to order I will now conduct roll call for the 816th public hearing of the board of adjustment Dan Kipper here Tim Jones here Michael faren is not here Jeff oan here J fetch here legal council Joseph Bond he's excused and Community Development Katie here okay approval of the benett says the Board review the minutes of the meeting held on Wednesday February 12th 2024 yes sir 25 right Katie yes sir and if so does anyone have questions or changes to be made to the minutes no I will now entertain a motion to approve the minutes of the February 12th 2025 Board of adjustment hearing make a motion to approve is written to second I'll second that motion Dan gentlemen can you also say your name after you make your motion Okay so until D get familiar sure will thank you need

to turn his mic on on oh is it I thought it was on there it is it is try again was on okay make a motion uh Tim Jones make a motion to approve second Dan Kipper second all in favor oh pull the vote far uh faren is not here oconnell is a yes Kipper yes Jones yes sir fetch abstain abstain okay all parties present wishing to partake in any discussion of the applications for variance or appeals submitted to the board would you please step forward to be sworn in once you've been sworn in you can have a seat raise your right hand do you solemnly swear to 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 I do thank you you have to St his name back no that's later name you have a seat we'll get you back up here in just a minute period of validity and required votes as per Section 4.93 5 period of validity unless as otherwise specified by the board of adjustment and 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 pursued diligently towards completion or two a certificate of occupancy is obtained and is 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

40094 approvals required vote a concurring vote of four members of the board shall be necessary to reverse any order required requirement decision or determination of any such Administration 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 in the chapter first agenda item 100048 East book East Brook Drive would the applicant for the record please step forward to the podium and state your name and address my name is Charles durbach and I was at 100048 Eastbrook Drive in Overland do you have anything that you would like to add to the record that you haven't presented yet you you have the pertinent information if anyone wants to see this is just a rendering on the computer of what the porch will kind of look like it's not necessarily perfect it's something I did myself but gives you a good idea I could pass that around see you pass it around thank you oh thanks and then the other uh item I had if it's hard to look at the survey I have a full this is 11 by 17 or copy of the survey that shows where the porch is relative to the setback line that I could I did provide a copy of yeah we' have that thank you okay um like me to state a reason for asking for the variance um no I think that's already been stated right I mean should he state it go ahead and state it I mean basically you know I already have had a family room and garage added on years ago where I got a variance for the corner I mean the reason this happens is

because the Street's curving in front of my house and the house is is set in such a way that you know on the western side you're closer to the street than you are on the Eastern side of the house so there's a 2 and 1/2 ft or so of the porch that would the corner that would go over the setback line um it's not the whole thing and it's also the sidewalk that's already there going to my existing front porch it's basically going to that boundary that's kind of why I picked that size of a porch to begin with okay thank you I will now read the exhibits by title only A1 through AZ I mean A7 exhibit A1 agenda exhibit A2 application pz25 d001 exhibit A3 notice of public hearing exhibit A4 copy of ordinance exhibit A5 staff report exhibit A6 GIS mapping exhibit A7 building permit application plans and denial letter are there any questions regarding ing the exhibits presented no if no questions and Exhibits A1 through A7 are received into evidence as presented hearing possession or progression order Community Development present the city's case thank you chairman Mr durbach did apply for a building permit to construct this front porch at the time of that review it was determined that the northwest corner of the front porch that'll be extended violates the front yard setback and encroaches into that setback 2.5 ft as Mr durbeck had stated so that's a 30 foot setback he encroaches in it 2 by two feet and two and a half feet um

therefore we had to deny this permit right um also just as a note as Mr derck stated there is actually a variance on this property was very specifically written in relation to the garage when that addition was put on and that encroaches five put into the setback on the northwest corner of the garage thank you yes sir anything that Joe might have sent over Mr Bond City attorney no okay thank you okay applicant I believe you presented your case and hardship we appreciate that comments or questions from the board I have just one quick question so you said because of the curv street so how far of the 36 foot is not going to be right I mean I know it curves I mean like the last 4 foot is the last eight foot half of it I'll try to get it I don't need it exact I'm just kind of like what do you feel third of it a fourth of it it's not even a fourth of not even a fourth okay so just just the corner it's the front corner of it okay I mean it's easier to see on this picture if you want me to sure this is like blown up survey right and you can see the setback line and the proposed porch right 2.5 feet it's let's see I'm sorry it's right right it's just this corner where the steps are yes okay thanks appreciate that any other questions no sir comments from the audience nope I will now entertain a motion to approve the variance from section 40018 0. d4a which requires not less than a 30ft set front yard setback as the proposed front porch construction encroaches into

the front yard set setback by 2 and 1/2 ft specifically to allow for an actual front yard setback of 27 1/2 ft on the northwest boundary line of the porch as presented within the applic applicant's plans due to the Practical difficulties as demonstrated by the applicant do I have a motion to approve motion to approve second that motion okay J Fetch and Tim Jones thank you pull the vote Kipper yes Jones yes fetch yes ell is a yes you've been approved good luck thank you looks nice thanks yeah thanks for making it beautiful again that's a nice por we'll contact you tomorrow Mr durbach to come in and pick up the permit thank you and we'll give you a copy of the variance also contract nice yeah thank you again yeah thank you have a good have a good night okay motion to adjourn at 614 motion to adjourn Jones second fetch all in favor I I all opposed we're adjourned thank you gentlemen bang bang I called it I said if this last long 66 a year Jeff showed up on time it been over 6610 I know right the closest Guide to the house thank you I'll call you as soon as I have that okay all right you bet take care Tim