Board of Adjustment

BOARD OF ADJUSTMENT AGENDA June 1st, 2020 DUE TO THE OUTBREAK OF COVID-19, THE SAINT CHARLES CITY HALL BUILDING IS CURRENTLY CLOSED TO THE PUBLIC AND WILL BE UNTIL FURTHER NOTICE PUBLIC ATTENDANCE WILL ONLY BE PERMITTED THROUGH VIRTUAL PRESENCE LIVE VIA CHARTER SPECTRUM CHANNEL 990, AT&T CHANNEL 99, City of St. Charles, MO ROKU CHANNEL AND THE CITY WEBSITE AT: (https://www.stcharlescitymo.gov/628/Watch-Live-On-Demand) BOARD OF ADJUSTMENT: Nancy Corbin, Chair Vacant, Vice-Chair Maureen Rogers-Bouxsein, Secretary Marita Malone Richard Alferman Don Garrison Jr., Alternate Brian Andrzejewski, Alternate Bob Kneemiller, Alternate In accordance with Chapter 400 (Zoning Code) of the Code of Ordinances of the City of St. Charles, Missouri, notice is hereby given that the Board of Adjustment will conduct a public hearing on Monday, June 1st, 2020, at 6:00 p.m. on the fourth floor of City Hall in the City Council Chambers, 200 North Second Street in St. Charles, Missouri for the purpose of giving interested parties and citizens an opportunity to be heard on the following matters: Call to Order and Call the Roll 1. Case No. BOA-2020-12. Address: 816 & 818 S. 6th Street (Drew Weber). A request to reverse/amend a determination made by an administrative official concerning a determination that the subject site is not a legal non-conforming land use (4-unit multi-family residence) subject to the standards of Section 400.760 Non-Conforming Uses and Section 400.790(B) Non-Conforming Use Permits of the City of St. Charles Code of Ordinances. The property is zoned R-1E Single-Family Residential District Board of Adjustment Agenda 1  within the EHP Extended Historic Preservation District (Ward 2). Staff has received a request to TABLE this item to the July 13th, 2020 Board of Adjustment Meeting. 2. Case No. BOA-2020-13. Address: 921 S. Riverside Drive (The Saint Louis Brewery, LLC). Two Requests: 1) A request to increase the permitted wall sign area from sixteen (16) square feet to fifty-five (55) square feet as regulated in Section 400.1830(A)(2)(a) and 2) A request to increase a projecting sign from five and five tenths (5.5) square feet to eleven and six tenths (11.6) square feet as regulated in Section 400.1830(A)(2)(d) of the City of St. Charles Code of Ordinances. The property is zoned HCD Historic Commercial District within the SMPD South Main Preservation District (Ward 2). Adjournment The next meeting of the Board of Adjustment is scheduled for Monday, July 13th, 2020 on the fourth floor of City Hall in the City Council Chambers, 200 N. Second Street, St. Charles, MO 63301. The City of St. Charles, Missouri fully complies with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all programs and activities. For more information or to obtain a Title VI Complaint Form, please call the City Clerk’s Office at 636-949-3282 or visit City Hall located at 200 North Second Street, St. Charles, Missouri, 63301. INCLEMENT WEATHER: In case of inclement weather, please call 636-949-3222 after 4:00 p.m. on the day of the meeting to be informed of the status of the meeting. POSTED ON 5/27/20 @ 3:30 pm by jcs Board of Adjustment Agenda 2  AGENDA ITEM #1 Memorandum To: The Board of Adjustment From: John Boyer, Planning Manager Date: June 1st, 2020 Subject: Case No. BOA-2020-12. Address: 816 & 818 S. 6th Street (Drew Weber). A request to reverse/amend a determination made by an administrative official concerning a determination that the subject site is not a legal non-conforming land use (4-unit multi-family residence) subject to the standards of Section 400.760 Non- Conforming Uses and Section 400.790(B) Non-Conforming Use Permits of the City of St. Charles Code of Ordinances. The property is zoned R-1E Single-Family Residential District within the EHP Extended Historic Preservation District (Ward 2). ____________ Staff has received a request from the applicant to table this application until the July 13 th, 2020 Board of Adjustment meeting (see attached requests). The public will be re-notified according to City Code of the new hearing date.  AGENDA ITEM #2 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2020-13 921 S. RIVERSIDE DR JUNE 1st, 2020 BY JOHN BOYER GENERAL INFORMATION Owner: St. Charles South Main Association, LLC 13397 Lakefront Drive, Suite 240 Earth City, MO 63045 Applicant: The Saint Louis Brewery, LLC 2100 Locust Street St. Louis, Missouri 32103 Location: 921 S. Riverside Drive Ward 2 Request: Two Requests: 1) A request to increase the permitted wall sign area from sixteen (16) square feet to fifty-five (55) square feet as regulated in Section 400.1830(A)(2)(a) and 2) A request to increase a projecting sign from five and five tenths (5.5) square feet to eleven and six tenths (11.6) square feet as regulated in Section 400.1830(A)(2)(d) of the City of St. Charles Code of Ordinances. Zoning: HCD Historic Commercial District within the SMPD South Main Preservation District (Ward 2). Adjacent Zoning & Land Use: Direction Zoning Land Use North HCD/SMPD Restaurant South HCD/SMPD Hotel East PD-RF/SMPD Park West HCD/SMPD Retail ANALYSIS The subject property is approximately 17,000 square feet, and is zoned HCD Historic Commercial District within the SMPD South Main Preservation District and is within Ward 2. The property has frontage along Riverside Drive/Boones Lick Road and South Main Street. The applicant is proposing to increase permitted wall signage to fifty-five (55) square feet and projecting sign to 11.6 square feet. In May, the Landmarks Board reviewed the proposed signs at this location and approved of their appearance with the condition that the Board of Adjustment approved the sign sizes. Case No. BOA-2020-13 Page 2 921 S. Riverside Dr. Applicable Regulations: The applicant is requesting a variance from the City’s Zoning ordinance, as follows:  §400.1830(A)(2)(a): Each building within the district shall be allowed one (1) wall sign per business located within the building. Additionally, buildings with rear entryways shall be allowed one (1) additional wall sign on the rear wall of the building. The size of any wall sign shall be no more than three-fourths (0.75) square feet per lineal foot of the occupant's portion of building frontage, provided that the aggregate size of all wall signs combined shall not exceed sixteen (16) square feet.  §400.1830(A)(2)(d): Projecting signs shall be allowed a maximum size of thirty- hundredths (0.30) square feet per lineal foot of building frontage, provided that the maximum size of the face of any projecting sign shall not exceed five and one-half (5.5) square feet. Criteria for Granting a Variance: A variance is intended to provide relief to property owners who, due to their unique circumstances, would face practical difficulties or unnecessary hardship from the strict application of the zoning ordinance. However, while a variance can provide relief to a property owner and still protect the zoning ordinance from invalidation, variances are typically granted because of conditions or circumstances existing that are peculiar to the property or lot of record and not the result of the actions of the applicant. Pursuant to §400.1080, the power to hear and decide variance cases regarding the requirements of Chapter 400 (Zoning Code) lies with the Board of Adjustment. The Board’s decision is considered a quasi-judicial act; thus, the board shall consider the evidence submitted by staff, as well as the evidence presented by the applicant and make a finding with regard to the request for a variance. The decision of the Board is subject to appeal to the Circuit Court of St. Charles County. In addition to the criteria established §400.1090(E & F), G of the same section provides additional policies that should be considered before a ruling on a variance. Therein, it establishes that (1) financial disadvantages to the property owner shall not constitute conclusive proof of unnecessary hardships within the purpose of zoning; (2) the Board does not possess the power to grant a zoning variance permitting the use of land or buildings that is not included as a use in the district involved; (3) in granting a variance, the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of the chapter; and (4) the Board shall study the effects of such proposed buildings or use upon the character of the neighborhood, traffic conditions, public utilities and other matters pertaining to the general welfare. According to §400.1090 (F), the following factors are relevant to determining whether strict application of the regulation would result in practical difficulties or unnecessary hardship: (1) Size of the variance. The relationship of the requested variance to the requirements of the applicable zoning regulations, i.e. a five foot variance is substantial if the required setback is seven feet; it is not as substantial if the required setback is 100 feet. The request to increase the allowable area for wall mounted signage can be considered substantial since it increases the permitted sign area by 39 square feet, an overall increase of 244%. Case No. BOA-2020-13 Page 3 921 S. Riverside Dr. The request to increase the allowable area for projected signage can be considered substantial since it increases the permitted sign area by 6.1 square feet, an overall increase of 111%. (2) Effect on government services. The effect of the requested variance on population, density and available government facilities such as water, fire and police protection, and sanitary services. No negative effects on government services have been documented via staff review. (3) Effect on neighbors or neighborhood. The effect of the requested variance on adjoining properties or on the character of the neighborhood generally. While the proposal calls for an increase in attached and projecting signage to what is permitted by code, the total proposal is less than the previous signs for the Trailhead Brewery (previous tenant in this location). Trailhead had a total of approximately 80 square feet of signage (attached and projected) and the new tenant (Schlafly) is proposing approximately 72 square feet. Only a total of 66.6 square feet of signage is pertinent to this variance request (11.6 sqft projecting and 55 sqft attached wall signage). The other proposed signage making up the remainder (total of 72sqft) was approved for Schlafly as it was considered a “like for like” change or same size for same size and location. Staff research on Trailhead’s approvals reveals these were approved by the Landmarks Board under previous code language which gave that board the authority to approval variances to sign standards of the City. Since locations and types of signs being proposed are not exactly in the same place and same type of signs of Trailhead’s, the variance request is necessary 66.6 sqft of the 72 sqft proposed. Since the overall total of the signage proposed is not an increase of the previous tenant, staff does not anticipate any noticeable negative effect of the neighborhood if this request is granted. (4) Alternatives to a variance. The existence of a feasible alternative to the applicant’s proposal or other means of alleviating the hardship. The applicant has not provided any alternatives to their request; however, sites legibility from street traffic which makes advertising the business difficult. Essentially, this business has three (3) frontages: South Main Street, Riverside Drive and Boone’s Lick Road. This frontage is more than is typically found for other businesses along Main Street, plus the structure is large for buildings located in this area (approx.. 15,000 square feet foot print). (5) Justice. The granting of a variance is a just action. The cause of the difficulty or the hardship should be unique to the land rather than to the applicant and should be related to the topography, configuration of the lot, or other characteristics of the land. The applicant or economic conditions should not be the cause of the difficulty. Without approval of the variance, installation of the signs as proposed would not be possible. Staff has no objection to the signage as proposed. The total proposal is slightly less than what was previous located at the subject site and the appearance fits with the historical context of the area (sign type and appearance approved by the Landmarks Board). Additionally, with the large façade of the existing structure as well as the additional frontages, the proposed signage is not overpowering (proportional to the building size). Case No. BOA-2020-13 Page 4 921 S. Riverside Dr. STAFF RECOMMENDATION After review of the request and all pertinent information, the Department of Community Development recommends that the request be APPROVED as submitted. Subject Property Figure 1: Aerial Photo of the Subject Property Current Sign: 33" x 34" = 1,122 Inches (7.79 Sq Ft) Proposed Sign: 28" x 16.8" = 470.40 31" x 10" = 310 Total = 780.40 (5.41 Sq Ft) Proposed Sign: 28" x 16.8" = 470.40 31" x 10" = 310 Total = 780.40 (5.41 Sq Ft) 5.5 Sq Ft = 792 Inches Current Sign (on east side): 96" x 54" = 5,184 Inches (36 Sq Ft) Current Sign (on west side): 96" x 54" = 5,184 Inches (36 Sq Ft) Proposed Sign: 73" x 18" = 1314 33" x 10.5" = 346.50 Total = 1660.50 (11.53 Sq Ft) Proposed Sign: 73" x 18" = 1314 33" x 10.5" = 346.50 Total = 1660.50 (11.53 Sq Ft)  Proposed Sign: 264" x 30" = 7920 Inches This is an applique that is easily removed, doesn't damage brick and is based on the Mill signage from old photos - as well as - the Western company sign on the opposite corner. Current Trailhead Signage Totals: 11,490 Inches (79.79 Sq Ft) Proposed Schlafly Signage Totals: 10,360.9 (71.95 Sq Ft)  May 15th, 2020 OLD TOWN LLC 306 MCDONOUGH ST ST CHARLES MO 63301 Re: Board of Adjustment Case No. 2020-13 921 S. Riverside Drive Dear Property Owner: As the owner of property adjacent to or within 300 feet of the property referenced above, 921 S. Riverside Drive, you are hereby notified that the City of St. Charles Board of Adjustment has Two Requests: 1) A request to increase the permitted wall sign area from sixteen (16) square feet to fifty-five (55) square feet as regulated in Section 400.1830(A)(2)(a) and 2) A request to increase a projecting sign from five and five tenths (5.5) square feet to eleven and six tenths (11.6) square feet as regulated in Section 400.1830(A)(2)(d) of the City of St. Charles Code of Ordinances. The property is zoned HCD Historic Commercial District within the SMPD South Main Preservation District (Ward 2). The St. Charles Board of Adjustment will hold a public hearing on this application on Monday, June 1st, 2020 at 6:00 p.m. DUE TO THE OUTBREAK OF COVID-19, THE ST. CHARLES CITY HALL BUILDING IS CURRENTLY CLOSED TO THE PUBLIC AND WILL BE UNTIL FURTHER NOTICE. PUBLIC ATTENDANCE WILL ONLY BE PERMITTED THROUGH VIRTUAL PRESENCE LIVE VIA CHARTER SPECTRUM CHANNEL 990, AT&T CHANNEL 99, CITY OF ST. CHARLES MO ROKU CHANNEL, THE CITY WEBSITE AT: https://www.stcharlescitymo.gov/628/Watch-Live-On-Demand AND PUBLIC PARTICIPATION PERMITTED VIA ZOOM UTILIZING THE FOLLOWING LINK: https://us02web.zoom.us/j/86590924042?pwd=VWVmTmxFMFBjSkVsakJ5L2VjdD hidz09 MEETING ID#: 865 9092 4042 & PASSWORD: 384123. Public comment limited to approximately 300 words will be accepted on this matter until 5:00 p.m. on June 1st, 2020. Comments will be accepted in the form of email sent to john.boyer@stcharlescitymo.gov or in written form sent to the Board of Adjustment through the Department of Community Development, 200 North Second Street, Room 303, St. Charles, MO 63301. All public comments received by this deadline will be read aloud into the record during the hearing and copies will be provided to each Board member. All information regarding this application is available for public inspection in the office of the Department of Community Development, 200 North Second Street, Room 303, St. Charles, MO 63301. If you have questions regarding this letter or the referenced application, you may contact the Department of Community Development at 636-949-3222. In any communication regarding this matter, please refer to the case number given above. John Boyer Planning Manager Owner SiteAddres MailingAdd CITYSTATE ZIP ST CHARLES CITY OF RIVERSIDE DR 200 N 2ND ST ST CHARLES MO63301 LAND CLEARANCE FOR REDEVELOPMENT RIVERSIDE DR 200 N 2ND ST ST CHARLES MO63301 OLD TOWN LLC 820 S MAIN ST 306 MCDONOUGH ST ST CHARLES MO63301 MILLER ELIZABETH D FAMTRUST 902 S MAIN ST 1212 MIRALAGO WAY ST PETERS MO 63376 HARMON LYNN LIV TRUST THE 906 S MAIN ST 906 S MAIN ST ST CHARLES MO63301 LAND CLEARANCE FOR REDEVELOPMENT RIVERSIDE DR 200 N 2ND ST ST CHARLES MO63301 BAG END LLC 912 S MAIN ST 724 S BENTON AVE ST CHARLES MO63301 LAND CLEARANCE FOR REDEVELOPMENT RIVERSIDE DR 200 N 2ND ST ST CHARLES MO63301 ST CHARLES CITY OF RIVERSIDE DR 200 N 2ND ST ST CHARLES MO63301 ST CHARLES SOUTH MAIN ASSOCIATES LLC 920 S MAIN ST PO BOX 880 ST CHARLES MO63301 ST CHARLES CITY OF BOONES LICK RD 200 N 2ND ST ST CHARLES MO63301 MYDLER PAUL THOMAS*MYDLER VIETTA ANNE S 1000 S MAIN ST 1000 S MAIN ST ST CHARLES MO 63301-3514 POWELL STEPHEN L 1018 S MAIN ST 322 S MAIN ST CHARLES MO63301 BORGMEYER DANIEL J 1022 S MAIN ST 1022 S MAIN ST ST CHARLES MO 63301-3514 GALT HOUSE LLC 1028 S MAIN ST 340 N MAIN ST STE 204 ST CHARLES MO63301 MCENTIRE VENETIA R 1014 S MAIN ST 1014 S MAIN ST ST CHARLES MO63301 T G L PROPERTIES LLC 1025 S MAIN ST 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 LONG STANLEY*LONG GAIL 1019 S MAIN ST 33 NUMBER FOUR GREEN DR ST CHARLES MO 63303-3336 HADDOX GARY K*HADDOX HOLLY A S 2ND ST 1001 S MAIN ST ST CHARLES MO 63301-3500 HADDOX GARY K*HADDOX HOLLY A 1001 S MAIN ST 1001 S MAIN ST ST CHARLES MO 63301-3500 FLANNERY TIMOTHY MICHAEL 124 BOONES LICK RD 7 BRIDLEWOOD DR LAKE ST LOUIS MO63367 HADDOX HOLLY A*HADDOX GARY K 1017 S MAIN ST 1017 S MAIN ST ST CHARLES MO63301 ST CHARLES CITY OF S MAIN ST 200 N 2ND ST ST CHARLES MO63301 R AND D LAND DEVELOPMENT COMPANY 903 S MAIN ST 903 S MAIN ST ST CHARLES MO63301 MONTGOMERY RICHARD L*MONTGOMERY SALLY L 141 MCDONOUGH ST 2745 PENBROOKE LN ST CHARLES MO 63301-0389 ERMELING ROBERT E 912 S 2ND ST 2296 GALLAHER AVE ST CHARLES MO 63301-4721 EIGHTYTWO PROPERTES LLC 825 S MAIN ST 4 EDGEMONT CT ST CHARLES MO63301 KING DOUGLAS*KING GEORGINA 833 S MAIN ST 833 S MAIN ST ST CHARLES MO 63301-3444 LAND CLEARANCE FOR REDEVELOPMENT S 2ND ST 200 N 2ND ST ST CHARLES MO63301 LAND CLEARANCE FOR REDEVELOPMENT S 2ND ST 200 N 2ND ST ST CHARLES MO63301 TUSLER FAMILY LLLP 916 S 2ND ST 1520 LAWRENCE ST PORTAGE DES SIOUX 63373MO LITZINGER SHARON M 920 S 2ND ST 847 ST CLETUS DR E ST LOUIS IL62206-1425 RED BARN GUEST HOUSE LLC 115 MCDONOUGH ST 97 W OUTER HWY 79 OLD MONROE MO 63369 THE GORKSI GROUP LLC 119 MCDONOUGH ST 97 WEST OUTER HWY 79 OLD MONROE MO 63369 ELLISON REAL ESTATE HOLDINGS INC 917 S MAIN ST 917 S MAIN ST ST CHARLES MO63301 POWERS REAL ESTATE AND TAX SERVICES LLC 915 S MAIN ST 105 HILARY CIR WENTZVILLE MO 63385