Agenda
Transcript
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[0:00]
How are you?
[0:40]
I usually
[0:58]
What's he doing?
[1:36]
Robin is three.
[2:15]
One page.
[2:16]
>> Just one page.
[2:38]
He doesn't have a packet though.
[2:49]
Can I see what
[3:09]
» welcome to the board of alderman board
[3:11]
of adjustment meeting for August 18th,
[3:13]
2026. Six.
[3:17]
I'll call the order the meeting to
[3:19]
order.
[3:21]
And if we would all stand for the pledge
[3:23]
of allegiance.
[3:42]
Come here Moose.
[3:46]
Roll call please.
[3:49]
>> Chairperson Clauss
[3:52]
>> here.
[3:52]
>> Vice Chairperson Phillips
[3:54]
>> here.
[3:54]
>> Member Mooney
[3:55]
>> here.
[3:56]
>> Member Phillips Fig
[3:57]
>> here. Alternate member Crutz
[3:59]
>> here.
[3:59]
>> We have five for a quorum.
[4:01]
>> Thank you. Um our city attorney.
[4:06]
» Um for the record, the proceedings in
[4:08]
tonight's meeting will be recorded by a
[4:10]
court reporter for future transcription
[4:11]
if needed. All speakers will be sworn in
[4:13]
before speaking. Please remember to
[4:15]
speak directly into the microphone in a
[4:17]
clear voice and only address the board
[4:19]
at all times. No discussion between
[4:21]
parties will be permitted as the court
[4:22]
reporter will not be able to accurately
[4:24]
transcribe multiple persons talking at
[4:26]
once. The city code, all ordinances, and
[4:28]
the notice for tonight's public hearing
[4:30]
are present for review and made part of
[4:31]
the official record. For each petition,
[4:33]
the applicable application with all
[4:34]
submitted attachments, the city's
[4:36]
official denial of the permit requests
[4:38]
and the staff reporter also available
[4:39]
for review and made part of the official
[4:41]
record. Each applicant is reminded that
[4:43]
the burden of proof of the necessity of
[4:44]
the variance is on him or her. A
[4:46]
variance is granted to relieve
[4:48]
unnecessary hardship or a practical
[4:49]
difficulty in the way of carrying out
[4:51]
the strict letter of the municipal code
[4:53]
as determined from the facts presented
[4:54]
and is not to be construed to be setting
[4:56]
a precedent for future variance
[4:57]
requests. The board will only consider
[4:59]
the nature and conditions of the
[5:00]
property and whether these factors
[5:02]
mandate a variance. The concurring vote
[5:04]
of four members of the board shall be
[5:06]
necessary to reverse any order
[5:07]
requirement decision or determination of
[5:09]
the community development director.
[5:10]
Approval is subject to written
[5:12]
acceptance of the terms herein by the
[5:13]
petitional within 30 days after receipt
[5:15]
of the written notice of approval from
[5:16]
the city of Fenton. Board members may
[5:18]
ask questions to clarify the facts
[5:20]
presented. The applicant may request a
[5:22]
continuance at any time during the
[5:23]
hearing prior to a call for a vote to
[5:25]
bring in additional documentation. The
[5:27]
board may also request a continuance to
[5:28]
gather additional information or for
[5:30]
further visit to the site.
[5:32]
>> Thank you. Um there our petitioner is
[5:36]
not here and there are no no other
[5:39]
people in Zoom.
[5:40]
>> The petitioner is on Zoom.
[5:42]
>> What
[5:43]
>> petitioner is on Zoom?
[5:46]
>> Good. So is what as we would like you to
[5:49]
read um swear to the oath of testimony.
[5:56]
Um, do you swear that the information
[5:58]
you will share here before this board
[5:59]
tonight is the truth and the whole truth
[6:01]
and the best of your knowledge?
[6:04]
>> Yes.
[6:05]
>> Thank you. We have
[6:07]
>> Can we just have him state his name for
[6:08]
the record, please?
[6:09]
>> Yes. Could you have your state your
[6:11]
name? Do we need an address?
[6:13]
>> No.
[6:13]
>> Yes. My name
[6:16]
>> My name is Daniel Sneed. with the
[6:18]
Wallace Design Collective. And my
[6:20]
address here is 1703 Wandot Street,
[6:24]
Sweet 200 Kansas City, Missouri 64108.
[6:32]
» Hey, thank you.
[6:33]
>> Oh, and then I will take the oath as
[6:34]
well. Amy Stark, community development
[6:36]
director
[6:41]
» again.
[6:42]
>> Okay, this is for Amy. Do you swear that
[6:44]
the information you will share here
[6:45]
before this board tonight is the truth,
[6:47]
the whole truth, and to the best of your
[6:49]
knowledge?
[6:49]
>> I do.
[6:50]
>> Thank you, Amy.
[6:52]
Next item is old business. We have no
[6:55]
old business. Next item is the new
[6:58]
business, Amy.
[7:00]
>> Yeah. Um, this is uh the subject
[7:03]
location is currently um operated as an
[7:06]
outdoor uh recreation facility. The
[7:09]
petition tonight is a petition by Daniel
[7:10]
Sneeed of Wallace Design Collective on
[7:12]
behalf of Shannon and Kyle Real Estate
[7:15]
LLC, owners of Swing Around Funtown for
[7:17]
variances from the zoning code as
[7:19]
follows. Number one, from section
[7:21]
415080E2
[7:24]
and section 4302B
[7:27]
to encroach the required front buffer
[7:29]
area with an off- streetet parking area.
[7:31]
And number two, from section 415080E1,
[7:36]
to encroach the required front and rear
[7:38]
setbacks with existing structures
[7:39]
related to the principal use of the
[7:41]
property as an outdoor limited
[7:43]
recreation facility. The property is
[7:45]
addressed as 335 Skinker Drive and is
[7:47]
zoned OT2 Oldtown Commercial District.
[7:50]
Um, as stated, this is uh currently um
[7:53]
developed as an outdoor recreation
[7:55]
facility known as Swingaround Funtown.
[7:57]
The site also includes an indoor uh
[7:59]
arcade and playground building and the
[8:02]
petitioner would like to expand this
[8:03]
building with an addition. And in order
[8:05]
to meet the parking requirements for the
[8:07]
use, the petitioner is also proposing a
[8:09]
parking lot expansion onto the lot to
[8:12]
the south that's shown as track two on
[8:14]
um this plat. Um they al the uh owners
[8:19]
of swing around Funtown also own this
[8:22]
lot. Um the parking lot expansion will
[8:24]
require a boundary adjustment plat to
[8:26]
consolidate the the two lots. So um
[8:29]
while reviewing the boundary adjustment
[8:30]
plat, it was found that portions of the
[8:32]
existing go-kart track um the existing
[8:35]
go-kart maintenance building and the uh
[8:38]
mini golf course encroach the required
[8:40]
rear and front setbacks. So before the
[8:42]
boundary adjustment can be approved, um
[8:45]
a variance from those uh encroachments
[8:48]
is required. It um should be noted that
[8:50]
no changes are proposed to those
[8:52]
existing structures as part of the
[8:54]
overall um improvements that they're
[8:56]
planning. Um it's just uh for the
[8:58]
existing structures to encroach. Um it
[9:01]
was also noted that the um parking lot
[9:04]
will encroach the required um front
[9:07]
landscaped buffer area, but as stated in
[9:10]
your memo, changes to the buffer area
[9:12]
requirements uh for this district have
[9:14]
been proposed, and the planning and
[9:16]
zoning commission did recommend approval
[9:18]
of those amendments. So those amendments
[9:20]
will now go to the board of alderman at
[9:22]
their August 27th meeting for final
[9:24]
consideration of approval. And if
[9:26]
approved, this portion of the variance
[9:27]
request will not be will be moot. Um,
[9:30]
and that is noted in the conditions of
[9:32]
approval that they would it would no
[9:33]
longer be um, applicable.
[9:38]
» Mr. Speed, do you have something that
[9:40]
you would like to add?
[9:44]
» I I don't believe so at this time. Um, I
[9:47]
can answer any questions that anybody
[9:48]
has.
[9:50]
>> Does anybody on the board have any
[9:52]
questions for Mr. Sme?
[9:56]
» Yeah.
[9:59]
All right. Mike Mooney, I have a few
[10:01]
questions. Um,
[10:06]
regarding the um the new parking area,
[10:10]
um, do you have a drawing that shows
[10:13]
what it would look like if you did meet
[10:15]
our requirements for subpacks?
[10:19]
» Um, I currently don't have that drawing.
[10:22]
Um,
[10:25]
it would
[10:26]
>> Okay. it would significantly reduce, you
[10:29]
know, the parking count that they
[10:30]
currently have. Um,
[10:37]
» just a comment from me. I I think the um
[10:40]
the existing go-kart track and the and
[10:43]
the kind of the north side of the lot
[10:45]
that's adjoins
[10:47]
ModOt rideway and then the part of that is uh basically at a dead end
[10:53]
street. Um that seems like um
[10:57]
reasonable, but I'd like to see what the
[11:00]
parking area would look like if you met
[11:02]
the 30 foot required um setback.
[11:06]
>> Yeah. So if you if you see what what's
[11:09]
up on the screen currently, that shows
[11:11]
the 30 foot setback. So if you can
[11:13]
imagine that drive aisle's got to push
[11:15]
back all the way um to that point. And
[11:20]
so you're going to lose another at least
[11:28]
probably maybe up to 16 parking stalls
[11:32]
additionally to uh to push that on back.
[11:35]
Um currently what we're showing there is
[11:38]
uh pushing back the uh the edge of the
[11:41]
drive at least 10 ft from the property
[11:44]
line. Um,
[11:46]
and additionally, there's some parking
[11:49]
lot that's actually into the ride ofway,
[11:51]
which will obviously be removed. Um,
[11:54]
we're adding new landscape islands that
[11:56]
aren't currently in the parking lot. Uh,
[11:59]
which is going to make it, you know, appear a lot lot
[12:05]
better than just the sea of parking that
[12:07]
it is currently.
[12:12]
Is it possible to lose those islands
[12:14]
that you have if you had the proper
[12:16]
setback that would add some more spaces
[12:18]
to your lot?
[12:20]
>> I mean, it it's not ideal for traffic
[12:23]
flow to not have islands. I mean, you would at least have to have a
[12:27]
painted island. Um,
[12:30]
you know, to protect cars from, you
[12:33]
know, turning around a parking lot.
[12:36]
What about extending uh that lot that's
[12:39]
in track two further
[12:42]
um to the east? So the problem with that
[12:46]
is the according to the international
[12:50]
fire code a fire truck will only go into
[12:53]
a dead end 150 ft. Um that's the maximum
[12:58]
that they'll back straight out of. um if
[13:01]
you go farther than that, you have to
[13:03]
provide either a turnaround or some
[13:06]
other uh means of access out. And so we
[13:09]
looked at that and by the time you put
[13:11]
the turnaround in there, um you actually
[13:14]
lose more stalls than you can get. Plus,
[13:16]
we don't have a place for the trash
[13:17]
enclosure. Uh we also looked at, you
[13:21]
know, potentially seeing if they could,
[13:23]
you know, connect some outlet to the
[13:26]
property to the south. again that um it
[13:31]
doesn't really gain any more parking
[13:33]
stalls by the time you make that uh that
[13:36]
turn for a fire truck to be able to to
[13:38]
get out of that area.
[13:47]
That's that's all the questions I had.
[13:50]
>> Anybody else have any questions?
[13:52]
>> Yeah. Uh
[13:53]
>> go ahead, George. I'd like to ask uh how
[13:56]
many you're you're uh putting an
[13:59]
addition on, correct?
[14:02]
>> Yeah, that's correct. Um if you
[14:04]
>> how many parking spaces are you losing
[14:07]
because of the addition?
[14:10]
>> Um
[14:12]
actually, you're losing 13 of those
[14:15]
handicap spots.
[14:17]
>> Yeah, we're moving the handicap to the
[14:19]
south side of the building. Um pushing
[14:21]
the drive aisle closer to the building.
[14:24]
um already and losing those stalls along
[14:27]
the front.
[14:28]
>> Okay. So, so you're going to lose 12
[14:30]
along the front.
[14:33]
And then how many are you going to lose,
[14:36]
you think, with the islands in there?
[14:40]
>> Um I should pull up my drawing so I can
[14:42]
see the parking counts that we have.
[14:45]
They're on that drawing. I don't know if
[14:47]
you can pull that up, Amy, or not.
[14:50]
Um the expanded parking lot um would re
[14:54]
uh provide 140 spaces
[14:58]
>> total of 140.
[15:00]
>> That's correct.
[15:02]
>> How many are there now?
[15:04]
>> Um currently um I don't know uh how many
[15:09]
are currently on the lot. Um but the the
[15:11]
use would require um 127.
[15:14]
>> Current currently there's 119.
[15:17]
Well, my thing is uh okay, how many are
[15:21]
you going to gain in the uh new area on
[15:25]
track two?
[15:35]
» Sure.
[15:37]
>> Yeah. So,
[15:40]
I mean we have we have like the total
[15:43]
provided in what you see in front of you
[15:45]
is 140. I don't have the numbers of like
[15:48]
how many are being removed from one area
[15:52]
and how many are being added in the new
[15:54]
area. Um
[15:58]
>> yeah, my thing is I was just wondering
[16:00]
if you if you would meet all the
[16:02]
requirements
[16:04]
without that last row there
[16:09]
as far as the new parking on track two.
[16:15]
Um, yeah, like I said, it
[16:19]
without those
[16:20]
>> without which I'm sorry, without which
[16:22]
parking?
[16:22]
>> Oh, the ones I guess it would be on the
[16:24]
south side of track two.
[16:28]
>> So, so against the other buildings,
[16:33]
the new parking spot.
[16:36]
>> Are you talking about these here?
[16:40]
>> Yeah.
[16:41]
If they remove those, they would
[16:43]
not meet the minimum parking
[16:44]
requirements for the use. No. Okay.
[16:48]
>> Okay.
[16:50]
>> Why would those need to be removed on
[16:52]
the south side? Those are those are
[16:54]
outside of the setback.
[16:58]
It's just the ones on the west side of
[17:00]
the property that are in question.
[17:02]
>> Yeah. The ones that would encroach would
[17:04]
be anything within this area here. And
[17:07]
again with should if the amendments the
[17:11]
proposed amendments are approved next
[17:12]
week by the board of alderman this
[17:14]
parking lot will be in compliance and
[17:16]
there will be no issue with the parking
[17:17]
lot at all.
[17:18]
>> Okay.
[17:19]
>> And so then the the only variances that
[17:21]
would be needed would be these um
[17:24]
existing
[17:26]
structures.
[17:28]
>> I thought I thought that they were going
[17:30]
to
[17:32]
need permission on this other side too,
[17:34]
but I was wrong. Oh, and that would be
[17:36]
if if the amendments don't pass. Um, and
[17:39]
since
[17:41]
they haven't yet, that is included.
[17:43]
>> And just so you know, that one of the
[17:45]
reasons that Amy proposed these
[17:46]
amendments was she actually did a study
[17:48]
of the area. Um, and there is only one
[17:51]
property in all of those districts that
[17:53]
actually currently meets that
[17:56]
actually.
[17:58]
Um so that is the reason the board of
[17:59]
all the planning and zoning commission
[18:00]
unanimously recommended approval and it
[18:02]
did go through the committee meeting at
[18:03]
the board of alderman as well is because
[18:06]
there are not
[18:16]
the reason the the amendments are
[18:18]
proposed.
[18:20]
>> Thank you. Any other questions? Any more
[18:22]
discussion?
[18:23]
>> Am I misunderstanding? They want street
[18:25]
parking or they just want the gravel
[18:27]
area for parking.
[18:28]
>> No, they're going to expand the parking
[18:30]
lot. So, they will be where the gravel
[18:32]
is now.
[18:33]
>> Correct. Yeah, that is on a separate
[18:35]
lot. So, they'll need to combine the
[18:36]
lots through a boundary adjustment and
[18:39]
we have to address the variances before
[18:41]
the boundary adjustment could be
[18:42]
approved.
[18:48]
» Hearing no other discussions. Um so um
[18:54]
Mr. Sneed the current proposal is for
[18:57]
section 415.080E
[19:01]
and one for existing structures related
[19:04]
to the principal use of the property for
[19:06]
an outdoor limited recreation facility
[19:08]
to encroach on the required front and
[19:11]
rear setbacks. and section 415.
[19:16]
080E2
[19:18]
the section 430.020B
[19:23]
for off- streetet parking to the
[19:24]
encroach the front area. Would you do
[19:27]
you agree should the board agree to
[19:30]
approve the request for the varian staff
[19:32]
suggests not less than the following
[19:33]
conditions of approval to be considered.
[19:36]
Number one, this approval is solely for
[19:38]
the variance for the following sections
[19:40]
of zoning code related to the proposed
[19:42]
boundary adjustment for 335 Sinker Lane
[19:46]
A section 415.080E1 080E1
[19:50]
for 16 structures related to the
[19:52]
principal use of the property as the
[19:53]
outdoor limited recreation facility to
[19:55]
encroach on the required front and rear
[19:58]
setbacks as indicated on the site plan
[20:00]
submitted with the application dated
[20:02]
July 22nd
[20:03]
2026 and B section 415.080E2 080
[20:09]
E2 and section 430.020B
[20:14]
for off- streetet parking area to encroach the front
[20:22]
buffer area creating a 10-ft buffer
[20:24]
area. Do the amendments to the buffer
[20:26]
area requirement for the Oldtown
[20:28]
commercial district be be approved under
[20:30]
case 2000 2026 TXT 08? This portion of
[20:36]
the variance would request shall be null
[20:38]
and void. If the proposed boundary
[20:40]
adjustment plate be approved by the city
[20:41]
and not recorded by the St. Louis County
[20:44]
recorder of deeds of office within 90
[20:45]
days, this approval of variance will be
[20:48]
deemed null and void. Compliance with
[20:50]
all other applicical city of Fenton
[20:52]
codes. Do you agree to these
[20:56]
Mr. Sneed?
[20:58]
>> Yes.
[20:59]
>> Okay.
[21:01]
So, we vote. So, we would do do you do
[21:05]
that or
[21:06]
>> Well, uh, someone would need to make a
[21:08]
motion and a second,
[21:11]
>> Mr. Cuts.
[21:12]
>> I'll make a motion that we approve it as it's set out.
[21:17]
>> Okay. A second.
[21:23]
» All in favor? Roll call.
[21:25]
>> Roll call. Sorry.
[21:26]
>> That's okay. Um, uh, member Crutz.
[21:29]
>> Yes.
[21:30]
>> Me. Member Phillips Pig.
[21:32]
>> Hi. Chairperson Clauss
[21:34]
>> I.
[21:34]
>> Vice Chairperson Phillips
[21:36]
>> I.
[21:37]
>> Member Mooney.
[21:38]
>> I.
[21:38]
>> Motion approved.
[21:42]
» Thank you, Mr. Steed. We appreciate you
[21:44]
coming joining us to Zoom.
[21:47]
>> Thank you.
[21:48]
>> Yeah, no problem. Thank you so much.
[21:50]
Have a good night.
[21:50]
>> Our next order of business is approval
[21:52]
of minutes. I need a motion.
[22:01]
» Minutes. Thank you, George. And a
[22:03]
second. Second.
[22:04]
>> Fig will second.
[22:06]
>> Okay. Uh vice chairperson Phillips.
[22:09]
>> I.
[22:10]
>> Member Phillips Fig.
[22:12]
>> I. Chairperson Claus.
[22:13]
>> I.
[22:14]
>> Member Mooney.
[22:15]
>> I.
[22:16]
>> Member Kutz.
[22:17]
>> I.
[22:18]
>> Motion approved.
[22:22]
» We have no other business. So we can con
[22:25]
have a motion to close the meeting.
[22:30]
Mr. Cruds.
[22:32]
>> I'll make that motion to to uh
[22:35]
>> close the meeting.
[22:35]
>> I'll second.
[22:36]
>> George seconds the motion.
[22:39]
>> All right. Member Kretz.
[22:41]
>> I.
[22:42]
>> Vice chairperson Phillips.
[22:44]
>> Hi.
[22:44]
>> Chairperson Claus.
[22:45]
>> Hi.
[22:46]
>> Member Mooney.
[22:47]
>> Hi.
[22:47]
>> Member Phyllis Pig. Hi.
[22:49]
>> We are adjourned.
[22:51]
>> Thank you.