Board of Adjustment - Regular Meeting

The board of adjustment meeting for the city of Overland, Missouri to be held October 22nd, 2025 will now be called to order. Roll call. Dan Kipper here. Tim Jones here. Jay Fetch here. Jeff Okonnell is here. John Seal here. Legal counsel Joseph Bond here. Community development Katie Sanders here. Community development Diane Robinson. Okay. Has the board reviewed the minutes of the meeting held on Wednesday, September 10th, 2025? And if so, does anyone have questions or changes to the minutes? No, sir.

Okay. I will now entertain a motion to approve the minutes of the September 10th, 2025 board of adjustment hearing. I need a motion to approve. Make a motion to approve, chairman. Second. I'll second that motion. Okay. Dan, pull the vote. Seal. Yes. 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, would you please step forward to be sworn in? Once you have been sworn in, you may take a seat. Take your seat. 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? Yes, I do.

Thank you. Have a seat. Period of validity and required votes. 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 preser 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. Question.

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 in the chap chapter. First agenda item, 2002 Woodson Road. Would the applicant for the record please step to the podium, state your name and address?

Yes. Good evening. My name is Robert Williams. Mr. Williams, can you speak right? You can even take that microphone out if you need to. Okay. Just so that make sure it picks up on the recording. Okay. Yeah. My name is Robert Williams. Okay. Does the applicant for the record have any items you would like to be entered as exhibits of evidence? Whole stack. Is it anything new or does what we have already? I just have photographs and some site plans and then some documents about 20 years. Okay. Katie, do we have them already or?

So, the applications, the site plans, and the photos that you provided with your applications have already been supplied to the board. Okay. Why? Why have Sure. If you want to submit that and we can mark it as an exhibit. Can is it something that we can keep? Not all. So, how do you want to have Well, we'll see. I I'll kind of go through it. Okay. I have some documents here that

uh The only reason I ask is because this is a legal proceeding, we have to keep evidence of of all the evidence. Um, so either you know if we can make copies of them or if you were able Okay. So what we can do is whatever you end up presenting if we're able to make to run downstairs and copy them and probably Katie are we able to do that tonight or we can do that or if the variance is granted or whatever we could give whatever documentation related to that back at that time. Whichever works.

We can if we need to we can make them tonight as long as they're you know butter sized. Perfect. Man, you may have you may have Okay, go ahead and present your new evidence. You want to tell us what you got new? What are we talking which varian we talking? Well, for 2002 Woodson Road. I mean, if you want, we can read them off and then as we go through, you can submit the evidence. I I suppose as we go. That's what I thought we could do.

Yeah, that's fine. Okay. Reading of the exhibits by title only A1 through A1. Exhibit A1. Agenda and notice of public hearing. Exhibit A2. Application PZ. Sorry. Apologize my bomb. Exhibit A2. Application PZ25-000030 exhibit A3 application PZ25-000031 exhibit A4 application PZ25-000032 Exhibit A5 application PZ25-0000

Okay PZ25- Z0033 3 exhibit A6 application PZ25-000034 exhibit A7 application PZ25-000035 exhibit A8 staff report exhibit A9 ordinances exhibit A10 site plan exhibit A1 GIS map chairman yes for the record the the actual exhibits within your packet are is marked. The staff report is labeled as A2. It's actually AA. We will make sure the original document is labeled as A8.

Thank you. Yes, sir.

Are there any questions regarding the exhibits presented? If no questions, then exhibits A1 through A1 are received into evidence as presented. Hearing progression order community development present the city's case.

Thank you chairman. Uh Mr. Robert Williams is the current property owner and he made application for the variance applications being presented this evening. However, the property is actually under contract for purchase by Mr. Todd Tobias who's here in the audience this evening. On September 30th, 2025, Mr. Mr. Tobias appeared before the planning and zoning commission seeking approval of a conditional use permit and site plan. Mr. Tobias again is purchasing the property and his intention is to operate an automotive repair facility that's personal use only. He has historical and vintage vehicles. It will not be open to the public. The site plan review revealed the site did not comply with the zoning requirements as follows. Um also outlined within your staff report, garden setback requirements. Um, front yard setback, they encroach 11 feet into the setback. Sideyard setback encroaches 10 foot into the 12 yard setback. Design requirements. Access near street corners. Their entrance is within 75 ft of the intersection of the two street rightways. Screening and landscaping. We have landscape frontage issue, interior landscape issue, and perimeter landscape issue. The planning and zoning commission did approve the conditional use permit and the site plan review contingent upon variance approval. The city has nothing further at this time.

Thank you. Additional comments from the city attorney. Um none particularly at this point. Um obviously, you know, the building is built where it is. There's probably not a ton of other uh ways you could move it to get those landscape areas and stuff like that, but that's, you know, for the applicant's evidence as well. So, okay. Applicant, present your case and hardship.

Okay. Well, on the one building, uh, yeah, the building is there. The streets there. Uh, I'm assuming this building was probably built back in the 1950s. 1963, actually. I'm sorry. 1963. 1963. Okay. I'm kind of assuming back then maybe the street was two-lane road, you know. I I don't I don't but it's probably not far off.

Yeah. So, I suspect the street got wider, but I I don't know back anyway. There's really nothing we can do about it.

And that's kind of the same as as for the the next one. North building in 1963. It was it was legal 4004- C which existing entrance to the parking lot. I think 75 ft intersection. Um that's pretty important for that entrance to be there. Um anytime that when we when we had there if if a vehicle parked in the uh front of the garage door, first garage door. Uh particularly a long vehicle or someone making uh deliveries. Uh that's the that that would block if if if the entrance front entrance wasn't there. Well, then any vehicle that parked there would block wouldn't be able to get in or out vehicles. Another thing is is back in 2001 had a uh a Woodson road street streetscape improvement from Trescott to Brown Road.

Um, and this was looked at at the time and the it's I understand it the city had federal funds at the time to make these improvements and they did not did not make the improvements. I have here see them here the flyer advertising go to Um here are some documents that I have a temporary easement and I also um dedicated 485 square feet. I through the city during this time

that's that project was a federal grant and that was for resurfacing of Woodson Road and the sidewalk installations and the sidewalks were installed along Woodson Road. I don't know if you guys want to see these I mean you want to see them you're the ones making the decision. Yes, please. I I don't think it's relevant. I mean I think like I said the building was the building already. Yeah. Well, tell back in 2001 for the street state improvement, they looked at closing that entrance and they uh it was was not done. That's what that's show it wasn't it was not

um the other it would be uh uh well the kind of the same thing on on uh 504-8-2 that was have landscaping across the front while the the entrance is there. So, the entrance has to remain where you came from. Um, and that's on Mariam Boulevard. So, he's on a corner lot. The entrance faces Miam. Correct. Yeah. And the parking lot joins right into the street. Correct. And sidewalks were widened back in the 70s

on on Woodson along Woodson Road. Sidewalks were widened back in the 70s when they put the turn lane in the middle. Okay. Um now the one uh uh variance this is uh 400-45-8-11 um

400.450.8 This is a landscaping. Um yeah along along Mariam um parking is very tight in in this lot. I think he's required to have I think I questioned those

It doesn't because this is still a zoning issue. The the property is actually zoned C1 neighborhood commercial. So we're still looking at it from the perspective of the C1 district itself. Yes sir.

It's personal restoration too. I I I don't know how many I don't know how many I don't think that's going to be an issue because that's not uh I uh he's buying the building from me. I I can't answer

Todd say your name and your address. Thank you. Um the only concern I would have is that should I try to market it then as a C1 building later I would be it would be somewhat constrained from what what availability or accessibility what's going and and my cars will be going so it's going to be personal use only. You're not going to be working on other cars there at all? No, it's just Just my cards. Yeah. All right. Thank you,

Katie. Does this all fall under the same as Bill Young signed? The zoning does. Okay. So, well, fairness when Bill J signs went in, I I couldn't tell you that the zoning was C1. It it most likely was, but you know, we did the comprehensive update. But what I'm saying is the parking, the trucks going in and out when they had it and everything else like that's the same. Nothing's going to change in terms of use. Yeah. Well, I would actually say Billy Signs is a much more intensive use than a personal use of on the trucks part of it. And what I'm saying is the parking lot itself is not changing.

No, sir. There's no change to this to the site itself. Correct. Sorry, I I misunderstood. through the change of ownership, but the building in the parking lot is exactly the same size, everything. So, there's nothing else he could do. I mean, it's the way the building was constructed and the widening of the street and the sidewalks. You can't do any uh decorating in the front because it's actually on the side. Well, I'm sorry. Go ahead.

Okay. Well, the the one variance that we intended to comply with is the variance for 400-45-84 which is the 10 square feet. Well, we can't comply completely. We would partially comply with building some interior landscaping that's within the parking lot in the park. Yes, sir.

So there would be some we would add would add some some greening landscaping to the parking lot uh along Mariam back and that's that's or whatever it is. Yes. You're talking about the fence line back by the residential house where the parking parking lot and the fence meet. Is that correct? That's correct. They're making an effort to they don't have to, right? Well, I mean, if they can't get it anywhere else, they don't really have to get it there variance anyway. Each one's different.

Okay. Each variance is different. Okay. So, the side and the front are all different variants. But it's there's one whole one for the side anyway though, right? For the one side, right? But once you give them the side variance, there's three different screening and landscaping variances this evening. Okay. There's a perimeter landscape, a frontage landscape, and an interior landscape. The interior landscape that Mr. Williams is speaking of is within the parking lot. It's supposed to be 10 square feet of green space, which reduces the impact of what parking looks like. So, it's not concrete jungle, if you will. That's probably the best way to explain it. It just aesthetically is easier on the eyes

and ultimately take out a couple of parking spots far. Could I present this photograph to you guys? Sure. Start. No, I'll pass it around.

Okay. That's the 10 foot. I know this complies with the city ordinances.

So, Mr. Williams, I need you to be on the microphone. You're welcome to take it out of there. We won't be able to hear any of it on the recording if if we don't use the mic. When the surveyors were there uh marking the property corners, I had them mark uh where the property line was right there where we want to put that so we know where the property line is for for the

and we would like to build this. I'm sure this too small for you guys to see me holding it up here, but we would build it right there. Uh on this plan, uh it is shown it to be uh 19 ft long. Uh we would like to change that to 15 ft because 19 ft will stick out beyond uh the line of the back. So if we shrink it 15 ft and there is a radius here. So as the car turns in square it would be radius there. Uh we would we would build a landscaping area out of uh retention wall locks the same color and texture or similar color texture as it's on the front of the building. So So we won't add any we won't add a color nor nor we add texture to the property inside that. We'll

put some bushes. Right. Fantastic. So Katie, I'm guessing that the on then the the variance for section 400.450.8.4. Give that to Katie. She can make a copy. That's one. We'll we'll make it not getting rid of it, but reduce it to 15 feet instead of Yes. So it's going to be 15 feet in length, but how wide is it going to be, Mr. Miller? But I would say about eight feet. Okay. So, you're you're definitely getting a 10 square foot. So, if he they install that, then they don't need that. No, we don't need that one. We can take that off the Okay, that's what I was getting at. Thank you. Are you good with that?

Okay. Okay. Anything else you'd like to add? You can have that. Okay. Perfect. So, we're going to need to mark this as exhibit 12. Okay. Are you going to need to give it? Do we need anything else that No, I don't I don't need a copy. You You can keep that. that that I Okay, there's these that I thought you might look at, but you didn't you didn't you left a couple papers up here, but we've already got those. We already have those, right? Yeah. Okay. All right. I didn't Yeah.

So, we'll add the picture that Mr. Williams gave us as exhibit 12. Okay. All right. All right. Comments from the board. No, sir. Comments from the audience? Nope. Okay. I will now entertain a motion to approve a variance from section 400.220 point D.4. A front yard to allow a front yard setback of 16 feet as opposed to the 30-foot setback as present. Go ahead.

Okay. 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. Okay. Second. I'll second it. P the vote. Kipper, yes. Jones, yes, sir. Fetch. Yep. Seal, yes. And a yes. And chairman, just for clarity, that's 30, isn't it? That's the first one. Yeah. Okay. 0 030 030 the application. Okay. Yeah.

Okay. I will now entertain a motion to approve a variance from section 400.220. D.4 4C sideyard setback to allow a sideyard setback of approximately 2 feet from the property line as opposed to 12 foot sideyard 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? Just one moment, Joe. Should we clarify that that's on the north side of the property?

I guess there's only one sideyard if we have two front yards and But it is a strange I mean there's a whole backside to that. So we're going to make sure that the variance clarifies what side that is. Okay. To var to clarify the variance. This is for the north side. Yes, sir. I'll make a motion to approve. Second. Tim J. Pull the vote. Jones. Yes sir. Fetch. Yes. Seal. Yes. Okonnell. 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 parking lot as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. I have a motion to approve. Motion to approve. Second. Second that. Okay. Pull the vote. Fetch. Yes. Seal, yes. Okonnell's a yes. Kipper, yes. And Jones, yes.

Okay. I will now entertain a motion to approve a variance from section 400.450.8.11 A.11 per perimeter screening and landscaping to allow no landscaping along the parking lot perimeter as presented with 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. I'll second it. Thank you. Pull the vote. Okonnell's a yes. Keer, yes. Jones, yes. Fetch. Yes. Seal. Yes.

I will now entertain a motion to approve a variance from section 400.440 point C access near street corners to allow the current entrance exit of approximately 5 ft from the intersection as opposed to the 75 ft 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 second it. Okay. P the vote. Keer. Yes. Jones. Yes. Fetch. Yes. Seal. Yes. Okonnell is a yes. Sorry. Who made the first motion on that? No, that was Danny. Danny.

Okay. I should have known. Yeah. Okay. Your applications have been approved. Do we have one more? I guess. Okay. That's it for that. Thank you, gentlemen. We appreciate your time. Thank you. So, we once we actually get these variances completed and signed by the chairman, you'll get a copy of that. Make sure you retain those for your records because, as you know, records can come back up and be needed. But variances are good for the life of the property unless that property would be destroyed. You know, a tornado, fire, something of that nature, then that then you would have to go back meet the code. Okay. Good luck you all.

Maybe we have to maybe we'll have to have give give everybody a tour someday. Maybe open it to the public someday. I was gonna mention Crowder. Dan Crowder is happy now. He's got a local. All right. Well, thank you very much. Thank you, gentlemen. Are you with the harshless car? Kind of figured. That's where I know you from. a permit or anything. Some of his So, as long as the retaining wall is under 4 foot, you don't need a permit for it.

Obviously, we want to make sure that that's within and on the property. And that site, you can absolutely call us. That's what we're here for. If you have any questions, myself, my building permit plan review, that's Billy Paige if you haven't met. Yeah. Yeah. Talking about Thank you very much. talking about at the bowling alley. Uh, no, down there by, you know, FedEx. Yeah, the bowling alley. Have a good night. Thank you. Absolutely. Car museum now. Okay. Second agenda item. 1910 Woodson Road. Appears like there's nobody here for that.

Postpone a date certain. They were all notified of the change to the meeting. Okay, we will postpone it till the date certain of November the 12th is the next meeting. We do have an agenda that evening as well. So Jay, no traveling, please. November motor homes in the body shop. November 12th. Okay. Do we need to make a motion? Okay. Okay. Make a motion to I'll make a motion to uh postpone to the date certain of November 12th. All in favor? Second. Opposed. Second. You said we didn't have to second.

No, you don't. You do have I'm sorry. Give me a second. Come on. What's that? A second. I need I'll second it. Thank you, Dan. All in favor say I. I. I. Opposed. Eyes have it. Okay. One time. Okay. Diane has been in contact with them. Yes. Probably done working was made aware because the October 8th date was moved due to no quorum and so she notified both applicants.

I'm a little surprised he's not here. Is he wanting to add on into the back? Yeah. 700 square f feet. He talked about that a long time ago. Matter of fact, Jimmy talked about doing that. Oh, yeah. Yeah. Part in the back. Said it was cheaper to sell the building. That's there's there's residential property right behind him, right? That is a residential piece of property. That's commercial

behind him. It is. Oh, nice. Close this meeting. Well, long as everybody's done. It's the custom graphics t-shirt building that's behind him. Yeah. He's been there forever. Okay. I need a motion to adjurnn. Motion to adjurnn. Second. Got to be faster. A second. All in favor? I I opposed. We'rejourned. Thank you, gentlemen. You, too. Back