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Platte County commission approves reduction of 100‑foot plat setback for Elm Lake Estates 3rd plat
Summary
The commission approved a requested amendment to a 1996 plat for the Elm Lake Estates 3rd plat, reducing a previously platted 100‑foot setback along Highway 45 to a 35‑foot R‑40 setback so the owner can build on the southwest corner; the applicant's surveyor confirmed the spillway location and staff noted MoDOT controls driveway permits on Highway 45.
Platte County planning staff presented and the Planning and Zoning Commission approved Oct. 21 a request to amend the Elm Lake Estates 3rd preliminary plat to reduce a 1996‑platted 100‑foot setback along Highway 45 to the 35‑foot front‑yard setback applicable under the property's R‑40 zoning.
"So he is requesting to amend the plat to reduce that setback to 35 feet to conform with the existing R 40 zoning," Jason Halsburn, assistant director of planning and zoning, told the commission.
Staff said the lot, about 14.99 acres including a lake, was platted in 1996 with a 100‑foot setback as a condition of that plat; Highway 45 has since been widened, and staff said the property owner wants the setback reduced so a house can be built on the southwest corner of the parcel. Halsburn noted sewer service is present on the property's southwest corner (a manhole) and that access directly onto Highway 45 would require approval from the Missouri Department of Transportation (MoDOT).
The applicant's surveyor, Zachary Brinker of Snyder and Associates, was sworn and described the site's drainage. "The spillway is on the west side of the road," Brinker said when asked about the pond and spillway location.
Commissioners asked whether a driveway off Northwest 72nd Street would cross dam or spillway features; staff and the surveyor said contours make the internal road option preferable and that MoDOT will decide whether a Highway 45 driveway is permissible.
After that exchange a commissioner moved to approve agenda item 4a to amend the plat; the motion was seconded and the chair declared the motion passed with no recorded opposition.
The commission's approval allows the property owner to record an amended plat reflecting a 35‑foot setback consistent with R‑40 zoning; any final building permits, driveway access and related infrastructure work remain subject to agency approvals, including MoDOT for state highway access.
