On July 14, 2021, Joshua Keller provided an application to Community Development after being issued a “Stop Work Order” for 2,040-square foot, five-bay, metal garage/storage building constructed without a building permit. The new building, erected without plan review, does not meet the Non-Residential Design standards in the City’s Unified Development Ordinance (UDO). While all other City departments and divisions involved in the plan review process have cleared the project through the permitting process, Zoning requires that the UDO’s Non-Residential Design standards be met. Mr. Keller applied for an Administrative Adjustment on August 16th, but the request was denied. Section 14-506-01-B Façade Materials and Building Requirements indicates that, “All buildings and other structures must utilize brick, wood, natural stone, architectural cast stone, glass or other comparable, quality materials approved during the plan review process”. Also, Section 14-506-01-C Building Design delineates seven standards, two of which must be met by the proposed building. The appeal to the Planning Commission failed and the is being forwarded to the City Council for consideration.
September 14, 2021 Planning Commission meeting minutes:
"Case 21-840-01 – Administrative Adjustment Appeal – 17608 E. Crackerneck Road
Staff Presentation
Brian Harker presented the case. Mr. Harker presented the Commission with a vicinity map, noting the area and surrounding zoning. He presented the Commission with an aerial map indicating the project area and explained the surrounding land uses.
Commissioner Preston clarified with Staff this is not approved because the material of the building does not conform with the City Code. Mr. Harker answered, yes, for C2 district the building material does not meet the requirements. Commissioner Preston asked what would remedy be? Mr. Harker explained adding a finish surface to the metal. Commissioner Preston inquired if Staff has received for a proposed remedy and Mr. Harker responded to date Staff has not received any kind of proposed materials and keeping as constructed.
Commissioner Young asked for confirmation that this building was issued a stop work order and was construction without any building permits and Mr. Harker confirmed that is correct.
Applicant Comments
John Carnes, representing owners Don Keller and Josh Keller, stated the Kellers made repeated attempts in November 2020 to contact the City to get appropriate permits and were not able to reach anyone. They needed to move forward with the project which is a storage facility for their equipment. Mr. Carnes further states that the building in question does not face the street and cannot be seen from the street.
Joshua Keller, 121 NE Parks View Court, Lee’s Summit, explains the building was erected to protect their trucks. The site has had repeated break ins and a vandalism; cameras and other security measures did not work. Mr. Keller stated they made several attempts to contact the City with no response back in November 2020.
Chairwoman McClain asked if an application for a permit as been completed and sent in. Mr. Carnes said that have completed an application and paid all fees. Chairwoman McClain asked for further clarification if an application was ever completed and submitted prior to construction starting. Mr. Carnes replied no due to no contact able to be made with the City.
Commissioner Comments
Commissioner Preston commented that the Planning Commission met continuously and cannot believe that City staff was non-responsive. Commissioner Preston went on to state that these are veteran business owners that know the process. Mr. Carnes responded and asked for a delay to come up with a plan and meet with Planning Commission on a later date and will work with City staff.
Mr. Carnes made a formal request to have this continued to the next Planning Commission meeting.
Motion
Commissioner Preston made a motion to continue Case 21-840-01 – Administrative Adjustment Appeal – 17608 E. Crackerneck Road. Commissioner Wiley seconded the motion. The motion passed with four affirmative votes."
September 28, 2021 Planning Commission draft meeting minutes:
"CONTINUED Case 21-840-01 – Administrative Adjustment Appeal – 17608 E. Crackerneck Road
Staff Presentation
Brian Harker reviewed the continued case.
Applicant Comments
John Carnes, representing the owner, stated any exterior modification would not enhance the appearance of the building. He said the building is not unattractive. Mr. Carnes stated he paid additional money to the contractor for a vertical design to enhance the exterior. He said there is sufficient natural screening of the building that makes visibility from the street minimal.
Mr. Carnes stated he believes the building requirements in the code is for those commercial buildings that are on main roadways. Since this building is not on a main roadway, he does not believe these standards should apply.
In response to Commissioner Preston’s question, Mr. Harker stated the façade material does not meet the design requirements for a commercial district. He stated the exposed metal is not an approved material. Mr. Harker said only natural materials are allowed, like stone or stucco.
Commissioner Preston asked applicant why do they think the building meets code? Mr. Carnes responded and said the goal of the code is to have an aesthetically pleasing building and the building is just that.
Commissioner Nesbitt asked if a permit was obtained before the building was built.
Joshua Keller, 121 NE Parks View Court, Lee’s Summit, stated the building was built in March 2021. He explained there was a temporary structure closer to the road. Due to security that building was removed and the current building erected.
In response to Commissioner Preston’s question, Mr. Harker explained the building Mr. Carnes mentioned on Holke Road, was constructed in 2007, which was a year and a half before the current UDO requirements was adopted.
Commissioner Young asked what happens to building if it is not approved in its current state and not having gone through proper channels. Mr. Harker explained the question the Planning Commission is examining is the appeal of the Director’s administrative decision about the zoning ordinance.
Mr. Keller asked to address the Commission. He feels since his business has been operation since 1970, they are not a new development, and that the UDO is put in to place for new development. It was imperative that they had a building to store their assets to do their work each day as theft and vandalism became an issue. Mr. Keller added they could not wait to construct the building for pandemic time periods and lack of communication.
Commissioner Comments
Commissioner Preston stated the Planning Commission met and held cases all throughout the pandemic in 2020 and 2021 and said he finds it difficult to believe City staff were not answering calls, since these other applicants were able to be heard.
Motion
Commissioner Preston made a motion to approve Case 21-840-01 – Administrative Adjustment Appeal – 17608 E. Crackerneck Road. Commissioner Nesbitt seconded the motion. The motion failed with one affirmative vote."