Board of Adjustment - Regular Meeting

Push the buttons. I understand. Okay. Meeting call to order. The board of adjustment meeting for the city of Overland, Missouri to be held on July 9th, 2025 will now be called to order. Roll call. Dan Keer here. Tim Jones here. Jay Fetch here. Jeff Okano here. John Seal. No. Legal council Joseph Bond here. Community Development Katie Sanders here. Okay. Approval of minutes. Has the board reviewed the minutes of the meeting held on Wednesday, April 9th, 2025? And if so, does anyone have any questions or changes to be made to the minutes? No, sir. I will now entertain a motion to approve the minutes of April 9th, 2025 board of adjustment hearing. Motion to approve. Okay, Jay. Second. I'll second it. Okay, Tim. Pull the vote. Okonnell's a yes. Kipper, yes. Jones, yes. Fetch, yes. Okay. All parties present wishing to partake in any discussion of the applications for variances or appeals submitted to the board, will you please step forward to be sworn in? Once you have been sworn in, you may take a seat. Yes, ma'am. How you doing? 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. 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 of 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 granted unless within such period one a building permit is obtained and the construction or alteration of the structure is commenced and pursued diligently toward 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 notice or hearing as per section 400.940. Approvals required votes. A 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 in the chapter. First agenda item, 259 Woodson Road. Would the applicant for the record please step to the podium and state your name and address? And does the applicant for the record have any items he or she would like to be entered into the exhibits as evidence? My name is Terry Tipton. Is her mic on? It should be on. Can you can move it around if you needed to get a little closer to Hello. Is that better? There you go. I can talk louder. Terry's not quiet. What's going on? I'm a little nervous. I'm like a little nervous. Don't be nervous. No, we're a good group. Okay. I'm Terry Chipton. I work for New Life Evangelistic Center. I am an administrative assistant with Chris Aaron Rice and Larry Rice. We um the address we're wanting to open is 259 Woodson. You want to know my address? No. No. Okay. Close. I live in Brick and Ridge Hills right down on Marvin. Yep. Thank you. Readings of exhibits by title only A1 through A6.

A1, staff report. A2, application PZ25-000025. A3, notice of public hearing. A4, ordinance, A5, GIS mapping, A6, site plan. Are there any questions regarding the exhibits presented? If no, then exe exhibits one A1 through A6 are received into evidence as presented. Hearing possession progression order. Community development present the city's case. Thank you, chairman. The applicant, Miss Typton, appeared before the planning and zoning commission on June 24th, 2025, seeking approval of a conditional use permit and site plan that is for their business, which is uh new life for new life for new treasures. New Life for New Treasures, a secondhand merchandise store. During the site plan review, it was determined the site does not meet the parking requirements as outlined in section 400.470.3.1 for indoor indoor, excuse me, retail uses. That section requires five parking spaces for each 1,00 square ft of floor area. Um, while there is public parking parking to the north of the subject property, this is located in our downtown area, the site has no parking options. It's basically a building on a parcel with no setbacks, no parking. The commission approved the site plan contingent upon the approval of the variance that's being requested this evening. Thank you. Yes, sir. Additional comments from the city attorney, Joe? Yeah. So, this is uh another situation that we've been seeing in kind of downtown areas relating to parking. Um, again, this is a building that was built at a time and there's not really parking

associated with it. Um, and yeah, we we've seen issues relating to this. You know, there has been discussion of a downtown district. That discussion is still ongoing that would resolve some of these issues, but we're sort of in a holding pattern as that gets framed up. So that's why this is here. Thank you, Joe. Applicant, present your case and hardship. So in the the building, we want to open a thrift store. Um kind of a quote unquote free store. And the in the front of the building, there's like two or three spots along the street right there. But I think that belongs to the city, too. Like to all those stores that are right down through there. And then with the parking behind that building and that big lot and the one across the street, we're hoping that that proves to be enough parking spaces and we'll be okay for us to go ahead and move forward getting the occupancy the meeting on the 21st. Yes, ma'am. Yes. Thank you. Okay. Comments and questions from the board. Yes, your honor. I have a question. Uh, New Life Evangelistic owns the grass area that used to have a garage on it and they tore that garage down. Can't they make a parking lot there on Verona? Yes. On the back side of the building. They own that. But off-site parking is not within the code. So, you couldn't just have a parking lot. It's connected to their parking lot. But this is across the street. Yeah. So, we're at 2428 Woodson. Our admin office is and the building we're renting to hopefully we we're renting it trying to get in there is across the street and down a little ways. Exactly. So, like if you go down Woodson towards Quick Trip, it's on the left across the street where all those other little stores are down. What was a business there Katie at one

time? Um, actually Jeff May used to in that building if that Okay, I know what building you're talking about then. Yeah, he used to own it. There's a new owner now. The one that they're going that they're trying to go into. What's the address on that? 25509 Woodson. Um, if you look at the GIS map, that might help you kind of assimilate where it's at within context. Um, it's directly across from where the farmers markets out. Yeah. Okay. And that's kind of one of the quirks here is if you look at that property on the GIS map, the 25509 is essentially fully built out that building. You know, obviously there's parking. I don't know if it's all public or who all uses it. There are spaces nearby, but the issue is the code requires each individual use, right, have that on site. Again, that's something that we're looking at trying to find a way to fix, but and I know there's nothing behind that building. There's a small strip like if if the she was going to park there, but but if she parked there, then nobody can she couldn't back out. I mean, so we can't count those parking spaces. But if you look on the GIS map, there's there's the city parking directly across from it and then also right behind the um optical um candy corner from it, right? Yeah. Yeah. The thing that bothers me the most is trying to cross Woodson if they're parked over there at the public park without having two crosswalks there. Yes. But no lights to stop traffic. Agreed. But your downtown area, you are the goal is to generate foot traffic. That's what you want people to do is to park and walk so they look at all the stores. That'll do that. Yeah. Yeah. I have a question. Yes. Will you have access from the back like with a parking in the back?

Not for public. Not for public. That was it. And the way the way by the way it is behind those right there around those stores, it's a dead end with that field. I guess it is. So it's not you can't get through there. So there wouldn't be no foot traffic. Okay, great. Thanks. Just kind of couldn't tell by the map if there was a back door that you could use. My other question, your honor, is how many uh how many square feet do you have to have for parking per square foot? So, it's five spaces per 1,000 square feet. And this is roughly 2,000 square feet. So, you need 10 basically. Does that include the on-site or in front parking, the three in front? Off streetet parking is not included in parking calculations. Now, there is um uh an exception within the code too that allows the director to reduce the parking down by 20% in the downtown area, 10% other places, 10 and 20% in downtown area, but still would get rid of two spots. Still doesn't do her any good, you know? Right. There's no way you can convert some of the back parking. I you know, it looks like there's plenty of space back there to put in some parking. No, it's tight back there, actually. Yeah. like for a car. That's about it. I could I They would have I'm sorry. They would have to probably buy some of uh Specialty Awning's property back there. Doesn't Specialty Awning over there with his house that he tore down. Uh I don't think that's behind George's diner. Um it's down further. The diner's down further. Yeah. I mean, behind it, it shows one car, a white car sitting there, and it right behind it, maybe there's no you can't get in and out there. You can't count those spaces. Is that public? Is that public parking behind her where the white parking?

So, this is their building, right? This is the little strip back here. That's the only place. This is not That's a building. This is somebody else's parcel in their Okay. That serves. Yes, sir. What What's this here? This is the public parking right over to the right. This is a building. That's a building on. All right. So, people park all the time for the Mexican restaurant across the street on these spots right here. Right. Well, if they're doing it, it's not with approval. Okay. We're not telling them that. But he's just trying to get local. Yes. Right. Just street parking. Yes. Yeah. Okay. Okay. All right. Comments from the audience. Seeing none, yeah, I will now entertain a motion to approve a variance from section 400.470B.1 schedule of required parking spaces for indoor retail uses which requires five spaces for each 1,000 square ft of floor space and as presented within the applicant's plan and due to the practical difficulties demonstrated by the applicant. Do I have a motion? I'll make a motion to accept. Second. I'll second it. Pull the vote. Okonnell, yes. Kipper, yes. Jones, yes. Fetch, yes. You're you're you're approved. Oh, you're Oh, I'm sorry. I was way up. I know. Kind of anticlimatic at the end. Thank you. Thank you. You're done with me then? Okay, ma'am. You're all done. And so you're very welcome, Terry. And and then yeah, that's perfect. Um once I get the variance completed, the chairman has to sign off on it and then we'll make sure that you have a copy for it. And of course, I'll notify Melissa, our city clerk, who will make sure that the council knows and Joe obviously will be there too at the city council for your final.

Thank you. Thanks everybody. Okay, good luck. Yeah. Thanks. Second agenda item 9464 Page Avenue. Nobody's here. Please uh note chairman, I did send an email to all of the applicants making sure that they were aware that they were on the agenda this evening and that their attendance was mandatory. Did they reply? I don't I send it um I send it out to myself. I don't I send one email I email myself and I buy copy other people and I didn't I if they did I I just print out what I sent and I what I'll tell you is this Tim is that I email with applicants constantly because I these applicants also went to planning and zoning. So I I'm just wondering if they wanted to postpone this. She knows she was also told at the planning and zoning. Oh, they're aware. I'm not denying it. I'm just wondering if they asked to post postpone it. No, they didn't ask to postpone it. Okay, Joe, how do we want to handle this? We want to postpone it. We want to just kick it off the off the agenda. How do you want to do it? What we should do is postpone to a date certain. And that date certain would be uh our normal meeting which is August 13. Is that correct, Katie? Yes. So that would essentially just The reason you don't table it is technically tableabling has to be considered at the same meeting. this moves the whole thing to the next meeting and right and in that case we wouldn't have to uh republish or anything like that. I think we still do particularly if there's other cases added we just go through the publishing anyway but okay so I'll need a motion to postpone this agenda item to date certain of August 13th. I'll make that motion. We'll second that, Jeff. Okay. All in favor?

I I I approved. Okay. To adjurnn, I guess. Still got one more. That's it. That's it. That's it. Why do I have Okay. I'll uh motion to adjurnn. I'll make the motion. Okay. Second. I'll second it. All in favor? I I I agree. We are adjourned. Good job, guys. Yeah. Thank you.