Board of Adjustment Meeting June 21, 2018 (2023)



Good evening, ladies and gentlemen, welcome to our regular meeting of the city of Independence Board of Adjustment.

This board was created by the city charter to your applications for variances, from the zoning ordinance requirements and to here in rendering decisions on interpretations of the requirements of the zoning ordinance.

The board consists of five voting members.

It requires four affirmative votes for approval, any variance or interpretation.

All cases on the agenda will be heard in the order listed.

The order of proceeding for each case shall be as follows.

Applicant shall present his case.

Persons in favor of the variance shall present their evidence.

Persons opposed to the variance shall present their evidence.

The applicant shall be given a rebuttal period.

The public hearing will be closed and no further testimony will be accepted.

The normal procedure is that the board will discuss and take action on the application.

All meetings of the board are open to the public.

Anyone in the audience who thinks for any reason, will speak before the board tonight, please stand and take take the oath those there do.

You solemnly swear to tell the truth in all matters pertaining to the cases before this Board of Adjustment adjustment.

Please say I do! Thank you.

Please be seated now the roll call Jeanne ogle yeah Tim Watkins here Roy brown Robert Jones here.

So that's the roll call all right.

The first on the agenda, the case number 918 - 9, 9, 9, - 0, a JMS Enterprises LLC, 1150, South, Burlington ooh and 11 1 0 9, East, 11th, Street South, a various request to the fence, requirements for property, 11, 50, South, strolling Avenue and the same east set 11th, Street, South I.

Guess we show the, and this was a continued case.

We had it last month and they they had to bring us some more information on on the property there.

So I I, guess you show us the what you have we're just going to show the video.

Then you can yeah we're gonna, it's particularly the area, that's right in the vicinity of where we were talking about that fence, issue on the north, so I'm gonna back this up again.

Yeah in the meantime, yeah go ahead.

Yeah I guess he's got a survey, so this is.

This is the vicinity of that North fence area.

We were looking at as far as how far north that he could put and you can see where the building is there and if you look on the drawing that he just handed that's where the property line is so.

It looks like there's about 14 feet from this paved surface to the point where he could put the fence here.

Okay and of course, he shows a cutout there that would be about where those trucks are obviously on that drawing always close to that billing ended.

So unless you want to look at some more video I guess you can have the applicant come up and then talk about this survey.

Okay, he had done well.

Are we ready to the applicant, and just please give us your name and is Josiah? Okay, Joe, okay, I have talked to the neighbor next door and work something out with him as far as him getting some access back here.

Even it's across my property, but I'm gonna I'm gonna put the fence where he can.

He hold him that was up to him to put some gravel down there if he wants to use that back access, but he can use that back access if he wants it.

We're gonna put the fence about probably close to where.

Well, if you, if you looked at that picture that he had up there, you see where those those two, those two oak trees are the walnut trees.

The fence would defense would be right about between those two walnut trees right in that area, so there would be enough room for him to pull a car like down there and so would go it.

Would it would basically go across that across that that, where that black line is and then cut over to where the to to where the building is and down, are you all where you've got? The new I guess is where you set the corners on the north north end? Is the fence gonna be up against that right on that line? There's that what you're planning on doing I would like to put it there? Yes and then you're, just gonna go down to the south.

Come back towards the street, go east, so you're gonna, just wear that wear the bold line is what you want to fit.

Well, you, actually you wouldn't be fencing Meester there you just gonna go south.

Aren't you I would since that, that very that corner in so it's going to have like a notch cut out of the corner right there, where you're, actually gonna, where you plan on putting the fence, make it easier for us to get.

You need to get posed to a microphone you're, not on record.

Can you hear me so then it would cut over where those two oak trees are it's gonna it's going to cut over about like right here.

Something I'd have to see it exactly, but it's gonna cut like right here, pretty pretty close right here.

Okay, well, I'm gonna leave this so he can use this for access, I mean I could fence it.

Yeah, because you gonna, but but I mean, if you tolling you, let him use that I.

Would this? Actually, this is not usable right here, so I told him.

I would cut it over a little bit more.

So there's access for like one car that he could pull a car like here, so where it's either gonna go like from right, something like four just enough for him to get access for a car through there and then cut over the fence.

Okay, that makes sense.

Mm-Hmm then you're, just gonna follow the property line down there.

Yes, sir, yes, sir, and then go over this one just come straight and come over here and just come straight down.

Yes, sir well and you're gonna, my building ain't gonna come right right here, so it would just come too right here and then the building's gonna be the front okay I.

So you won't be fencing that then you just have the three three sides you actually right.

I am I'm gonna fence this front part I'm, gonna clean this front part up this front part just has like chain-link fence across it.

I'm gonna put the same kind of steel fencing across here, so it's gonna make it look finished right.

I'm, not gonna.

Follow that line I'm, just gonna fence this front part I'm, just gonna, connect that that area through there and make it just I'm doing it merely for aesthetics aesthetics.

That's all I'm doing it for okay, you know so so so, if there's like, if they have trucks or something parked back here, you won't see them from the street.

It's good just just for aesthetics.

It's gonna! Look better! Now.

Are they going to come in from here that you know, everything's gonna come from the center come in on the south side, you're exactly right? Okay, so this won't be any.

There won't be! No there's gonna, be one gate back here in this corner.

You know where the alleyway comes through right, put a gate back on that corner like a sliding gate, I, don't know that they'll use it no, but I thought the only reason I put it back.

There is if they have trouble turning those big trucks around you.

Might they might need that that area to to to go out that that that area? That way you mean where the street is the streets right here, though, where this says asphalt yeah.

This is this is a dock.

Yes, that's a dock! This! This is a dock, an old dock.

That's there, okay! So this street is here, that's nothing! That's elevation! It kind of drops off right there.

Oh that's a contour line! Yeah! Oh yeah, I had J and J survey.

Do this mmm-hmm yeah, there's, there's there's this isn't any kind of nothing there.

That's just that's! Just kind of the contour see the lines like further so you're on this fence down this way, and then you just cut over is that what you're going to do or there's gonna be a fence.

So it's gonna be right here, there's gonna, be a sliding gate right here, mm-hmm and and then where the property line goes yeah.

The property line is right here: yeah yeah the property line kind of goes at an angle so that so it's gonna go like that.

There's gonna be a sliding gate.

This slides right behind the building; okay, so the gates gonna slide back, and so it's gonna have a sliding gate.

Right there and then it's gonna, just go right here and I'm gonna go to sliding gate right here.

- okay and it's just gonna follow the line up yes and I.

See here, we didn't know that the last time you get about 12 is about 12 feet there or something there yeah off the edge of the street.

So you go, you guys said we didn't know that I didn't know, but when you said even with that front building, it's almost exactly where that is where it lines up.

Hmm, you see that see that right there, where that, where that line? Yes, yeah, that's what this would he yeah yeah? That's exactly what he said: yeah! Oh! It was almost exact.

Okay, so would it hurt you if you were five feet off the property line, or does that make that much difference to you? I mean it's probably not gonna mean anything.

Five foot I mean I'd much, rather, the only reason I would rather not do.

That is just just because my guys gonna have to go cut that area.

You know it's gonna, be it's gonna, be an area for, of course, it's gonna have grass there anyway mm-hmm somebody's I.

Guess the city cuts that area huh I, don't know.

Well, what's that yeah I'm, not sure that yeah well I mean that wouldn't make that much difference to me really, but I just need as much space as I can get right, other houses, but nobody has complained so clean up a mess actually I I've talked to I've talked to Tim the guy next door.

Yeah I've talked to the guy on the corner.

That has a car lot and I talked to the guy next to him that although I talked to all the commercial property owners that have bought this, and none of them had any kind of an issue with it.

Okay, now the only issue that they had again was the material of the fence.

Is that still something that we just I know that you said you wanted something to be nice, but you wanted something if you did have to repair it, it wouldn't cost you a fortune well and that's why we like to put up that steel.

Fencing like I, showed you guys.

I would like to put that steel, fencing up and we'll do a nice job.

It won't be I mean it'll, be very nice.

It'll all be finished on the top.

You know, it'll have a rail across the top it'll it'll be a nice looking fence and it will go with the the building.

Okay, it will be a color that matches the building.

It won't be a different color, so it'll be a it'll cut, be kind of a contrast.

These guys ecstatic right.

Oh look, lutely, okay, well, I, because I noticed on their on their comments.

That kind of had the same comments, but most of them had to do with the the fence material.

Wasn't it and that and I don't know well I've built those kind of fences before and they're very low maintenance, easy to repair of damage occurs mmm-hmm and they have a real good appearance.

- mm-hmm you could go in, you could put it in treated wood and, of course, treated wood likes to go any, which way it pleases as a cure and, of course it grades out and Hayes's and looks like- and this has a consistent look, whether it's you know one year old or ten years, old, yeah and so they're I mean there's some real benefits to it, and you it's very good.

If you're wanting to look at something that doesn't look bad, you know the optics for the neighbors would be beneficial in this one and this fence.

It's not like this fence.

I mean this is a fairly expensive fence.

I mean it's not really.


Save me a ton of money off wood, but I think it will last a lot longer and it will be a lot more.

It will be appear to be a lot nicer.

In other words, you said last time last month that you, if there was a repair, had to be done with it, there might be so much easier to repair it with a regular, regular, expensive wood fence or something there are three foot panels is what they are and so the so.

Basically, if you, if you damage that one panel you'd go and replace one panel in well, that makes sense to me and you haven't, you talked to all your neighbors and telling everybody the ones that are contiguous that are join and there's there.

Well, you know, I haven't talked with.

Was the people in the duplex right behind and the lady that owns the duplex is right.

There I noticed on one of the comments they said.

Maybe on item two they said the requestor variants will not adversely affect the rights of the adjacent property owners are arrested residents and then they part one.

They said yes, this is true.

The new fence setback will not particularly stand out at this location and then they've got to they got no.

There will be a perceived negative effect by some neighbors.

It's certainly gonna.

Look better what they down at that corner.

I! Don't know! If you've seen those big huge blocks, it's ugly I mean I'm, serious I.

Think it's very ugly and I can't see where this is going to not look a lot better than that.

Well, I mean I, would much rather look out onto a nice-looking fence than look at a bunch of trucks that are parked in there mm-hmm.

You know right, I, think that it's admirable that you talked with Tim I, think that's his name yeah Auto, guy and giving and that you're giving him access, because we don't want to put him out of business and I appreciate your your doing.

That I know he's spent there a long time.

Oh that's who you were talking about when you were talking about that this with the neighborhood partner mm-hmm, you say been there 13 years, yeah I, don't have any other questions or comments.

Do you have any other Tim? Then no Jean, Roy, no I, don't have any other questions for you that Jo and you're the lady that owns the duplex that you're buying the property from she doesn't have a problem with the fence sticking forward of where those duplexes are or whatever those houses are.

I actually went on and closed on this property.

She understands what you're doing.

Okay, all right, so you've actually closed on us.

Since we talked to you last yeah I went on it.

Did it I mean okay with mrs.

Burnett? Was it yes, okay, mrs.

Ren Hoek yeah I mean.

Is there anyone here tonight, that's in opposition and would like to speak and and I don't see anybody here, that's opposed.

So we can close this this part of the public hearing and then discuss it and make our decision.

We appreciate you coming out.

Joe really do staff receive any calls on this.

No I have not.

Okay do I.

Have a motion to approve this.

Is that what a request for variance for this case number? Eighteen, nine, nine, nine, yes JMS enterprises, one eleven fifteen South sterling Avenue at eleven 1:09, East, 11th, Street, South and various request to the defense requirements for that property they're on sterling and the 11th Street south.

So do I have a motion to approve this case.

19 one: nine! Nine zero! Well back a motion to approve this case.

As requested case number 18, 9 9 - 0 8 do I have a second now, second, okay and now the vote.

Roy brown, yes, Jeanne, ogle, yes, Tim Watkins, yes, Robert Jones, yes, so case number, 18 - 9, 9, 9, 0, 8, JM s, Enterprises LLC has been approved unanimously.

So thank you for coming appreciate it.


This second case on the docket tonight is case: number 18 - 9, 9, 9 - 0, 9 SG, a Design Group 4000, South, Bolger Road, a variance request to the sign requirements for the property of that the same address for 4000 South Bolger Road.

Do we have a video? Yes, this is the location.

The applicant is here on behalf of SGA Design Group who's working with Walmart to install another sign on there.

Wes, excuse me Eastern elevation on Bolger Road.

This is a front of Walmart here, as you can see.

Okay, as we were going to rotate to the South just a minute and then go back to the to the north mm-hmm they're, seeking to put the sign basically right in this two panels over I guess you could say from the Walmart sign itself: it's not the little panel between this next to the sign, but its panel.

That's next to that it will be painted orange with the letters.

That's a pickup, plus the Walmart logos spark as they call it here will go on around there.

You can see the rest of the front of the building mm-hmm, that's a pretty big elevation.

They have three signs up there.

Now they home in pharmacy Walmart and then they groceries on the other end a grocery.

On the other end, this is the parking lot there's Perkins restaurant mm-hmm, sure everybody's, pretty familiar with that fireworks stand out.

There goes with the season and there's the pet food pets mark, which is right next to it again- and this is the this- is the location where the sign would go basically right there in that panel.

Walmart has a lot of front elevation area.

So the all the signs added up together don't come to half of what the minimum requirement is.

It's not to do anything with the area of the signs, it's more to do with the the number okay somebody's buzzing here.

Okay, okay, do we have someone here that wants to represent the applicant okay, I'm sure I do want to apologize; I, don't always have access to the current drawings so on the rendering or showed the old color and on the video that is the new brand colors that they have so, but it would be the same orange that would be on that one panel that they're showing in the video okay.

Yes, yes, it's a it's, not a Hindu, a square square inches of square feet on this total sign.

It's just number you only can have three.

Is that what that is correct, so they're, just asking for another? Yes, that's I was just I.

Remember a few months back.

We did one for the high V folks out there on I think it was on 23rd, Street I was on round 4.

She actually had done both both their story and they actually had the same thing.

They they had to act actually I get an approval for an extra sign because they had three or whatever it was.

They did a 1/4 and we approved it.

So it's similar similar the same type of thing, they're, noticing on the comments for the city, except for item number.

Five, on their staff comments, the alleged hardship has not been created by any person presently having an interest in the property.

No, while the building was not constructed by the applicant, it is seeking to install the fourth sign.

Well, that's how you interpret that I guess, but I and all the other one through six, except for five they've they've endorsed so I.

Don't have any other questions on it.

I mean it to me it.

Can you explain why you feel that you need that extra sign? Yes, it's a initiative that that is taking place all over the country, and this is basically a new service that is, for those people that choose to use that service just an added service.

So what this is is to direct people to know that that is that service is located at that store.

I went I travel, I just came from st.

Louis on Monday and some of these youth that doesn't have this service.

They don't have this orange paint or the pickup sign.

So there's a lot of people that would like to utilize the service and usually when I do call jurisdictions.

They're excited we're getting one where I live, I'm excited because I haven't got to use it yet either, but it is, is help elderly people that cannot walk around the store.

It's a service that that either their families can order for them or they can order for themselves off the internet or the app on the phone, and it's easy to see with that orange paint there and the pickups for those people to know that that service isn't available there in I know that hi V I didn't realize they were doing it.

My nards target, a lot of other companies are doing this too, so it's yeah, the baby was not actually putting a sign up before a pickup.

It was just.

Are you anticipating? What's your projections for taking care of the problems that the people trying to come up, they're parking to use that or they glance go in the store, just like everybody else and get it or just know it has designated parking and would show on the packet that I sent it's got designated parking and like if I ordered online I would get a number.

My order.

Number I would pull up to this parking space like one through ten.

They believe there's ten here and pull in like space five there's a phone number on that.

Little sign.

That's in that parking space and they call that phone number.

There is a designated area within the store that houses all the orders and it's some of them's within four hours.

Some of them some stores go up to two days.

They'll get all the products depends on what they order and but they'll know that by their order when they, when they do that and I'll Drive up to the parking space, five call that phone number or you can use your app and say I'm here and associate, will come out with your groceries.

You don't have to get out of the car.

You couldn't just open your trunk or a side door, because these are widened spaces and they, the associate, would load the groceries for you.

Why wasn't convenient? Okay, I? Think it's a great idea: I have a wife who's considered, they call her an ambulatory paraplegic, and this would be great for her.

She just walk.

Ups you'd have to go Bart hobble into the store, and you know I, think and I think that might be really the answer to it wasn't created by owner, because this is a related to the perhaps American Disabilities Act, which you know or something it's a good working with with disabled people, I think Trump's.

Anything regarding was it created by the person who had an interest in the property, because actually it's a greater interest in the community I would say it kind of reminds me if you, if you love to kind of bring them back the older days where people can can make an order and somebody deliver the packages, its kind of similar.

Take it to that and I.

Think it's a great idea personally and like I've, worked an hour away from home and drive and I'm tired when I get off and I'm gonna be nice to be able to have an order there.

The night before and say, I'll be here the next day or two days and just pull pull third and say: oh and I'll have to walk for an hour around the store, and it is an added service for people that that is tired or that need help and and everything so I appreciate it.

Having Jack did you have any comments or questions? Anybody else know you, we didn't get any calls Tim I, don't is there anyone else here that would that in opposition to this applicant, seeing them this will close the public hearing and we'll make our render our decision.

Thank you for coming.

We will appreciate it all right.

So mr.

Chairman I think this is a no-brainer.

It's a great idea and I think having the color is going to help, particularly somebody.

That's maybe doesn't get out and drive all the time gets your you know, 55 Lincoln out of the garage and drives up there, so I I would prepare to make a here buddy I'm sorry prepared to make the motion.

Okay, that we approve case number nine, as presented, do I have a second I'll.

Second, the motion Jean seconds to the motion all right now: the vote- Roy brown- yes, Jeanne, ogle I vote; yes, Tim Watkins, yes, Jack Lemmon, yes, Robert Jones, yes, so case number, 18 - 9, 9, 9 - 0, 9 SG, a new Zion group for 4,000 South, bulger Road, has been approved unanimously.

Thank you all for coming.

We really appreciate it all right.

Do we have to say anything about this? One, that's just being continuing.

We don't really have to.

Usually you do make motion to continue it and then just take a voice.


Okay, okay.

The this case number that was third on the list tonight is case.

Number 18 - 10, Rick, Wilson, 1608, east mechanic.

Having the various requests to the accessory building standards for the property had said address on mechanic Avenue.

The bug cases is to be continued to the June 28 2008 een board.

Meeting those in favor of these in June should say: July 28 we've got it.

We've got another meeting.

Oh that's right! It's right! It's a week from design special.

They told me about that's right next week next week.

Okay, so move okay.

So this I'm just gonna, do this by voice acclamation.

Those in favor said case number, eighteen, nine, nine, nine - ten to be continued.

- next Thursday on June 28, say yay yay, those opposed, nay, no nays.

The yeas habits of that has been approved.

Continue to that June 2 28 case number, 18, 9, 9, 9, - 10 and we need approval.

The meetings and I did of the minutes.

I mean from last come on and the only thing that was not correct on it was the members present.

John Davies was not the one that was president.

It was Dennis Hart, so you all are going to make those changes and we'll just say what has noted the changes so I'll make another.

Just of the approval of minutes.

It'll be my voice, those in favor of the approval minutes from the from the April 19th.

Oh, that's! Ok from the minutes from the 17th of May.

Those of that approve it I've always say yay yay, those opposed, say, nay, the yeas have it so they approval for the minutes from the May the 17th 2018 have been approved.

The meeting has been adjourned.

Thank you.


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Who is the most powerful board of directors? ›

The chairman is usually the most powerful member of the board, and they have a lot of influence over decisions. The CEO is also a member of the board, but they do not have as much power as the chairman.

What are two of the most important fiduciary duties of the board of directors? ›

Directors have fiduciary duties of loyalty and care to the company and its stockholders. Duty of loyalty. You must put the interests of the company and its stockholders over your own personal interests in making decisions for the Company and evaluating opportunities.

What are the liabilities of the board of directors? ›

Duties & Liabilities of Directors
  • Directors must not put themselves in a position where their personal interests might conflict with those of the corporation.
  • Directors can become liable for a debt or obligation that arose because they failed to properly exercise any of their duties as directors.

What is a good board member? ›

A good board member is a team player who contributes to the mission of the organization and doesn't need to be a star. He or she is also a futuristic thinker. Attitude is equally important to background, expertise, organizational acumen or education.

Can the board of directors fire the CEO? ›

It's a question that's been on the minds of many business owners, can a board of directors fire a CEO? The answer is yes, they can. However, there are certain circumstances where it may not be possible. If the CEO is appointed by the board, then the board has the power to remove them from their position.

Who is the most powerful person in a corporation? ›

In general, the chief executive officer (CEO) is considered the highest-ranking officer in a company, while the president is second in charge; however, in corporate governance and structure, several permutations can take shape, so the roles of both CEO and president may be different depending on the company.

What are the two types of directors? ›

There are two types of director, executive and non-executive. There is no legal distinction made between executive and non-executive directors - the difference is that non-executive directors do not get involved in the day-to-day running of the business.

What are the two types of directors in a company? ›

Types of directors are two types – executive directors and non-executive directors.

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