Board of Adjustment

BOARD OF ADJUSTMENT AGENDA October 5th, 2020 BOARD OF ADJUSTMENT: Nancy Corbin, Chair Richard Alferman, Vice-Chair Maureen Rogers-Bouxsein, Secretary Marita Malone Latonya Grotegeers 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, October 5th, 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-2020-20. Address: 3971 Huster Road (Meyer Investment Company, Inc. – Greg Meyer). A request to allow gravel in lieu of paving for a proposed storage business as regulated in Section 400.660(A)(1) of the City of St. Charles Code of Ordinances. The property is zoned I-1 Light Industrial District and within the WHP Wellhead Protection District (Ward 8). 2. Case No. BOA-2020-21. Address: 702 S 6th Street (Jill Ryan). A request to decrease the required front yard setback for a privacy fence on a corner lot located on the side of the property not used as a principal entrance from ten (10) feet to one and one-half (1.5) feet as regulated in Section 400.550(A)(2)(a) of the City of St. Charles Code of Ordinances. The property is zoned R-1E Single- Family Residential District and within the EHP Extended Historic Preservation District (Ward 2). Adjournment The next meeting of the Board of Adjustment is scheduled for Monday, November 2nd, 2020 on the fourth floor of City Hall in the City Council Chambers, 200 N. Second Street, St. Charles, MO 63301. Board of Adjustment Agenda 1 The City of St. Charles offers all interested citizens the opportunity to attend public meetings. If you wish to attend this public meeting and require an accommodation due to a disability, please contact the Office of the City Clerk to coordinate an accommodation at least two (2) business days in advance of the scheduled meeting at 636-949-3282 or 636-949-3289 (TTY – for the hearing impaired). 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 9/30/20 @ 10:00 AM by jcs Board of Adjustment Agenda 2  AGENDA ITEMS #1 Memorandum To: The Board of Adjustment From: John Boyer, Planning Manager Date: October 5th, 2020 Request: Case No. BOA-2020-20. Address: 3971 Huster Road (Meyer Investment Company, Inc. – Greg Meyer). A request to allow gravel in lieu of paving for a parking area as regulated in Section 400.660(A)(1) of the City of St. Charles Code of Ordinances. The property is zoned I-1 Light Industrial District and within the WHP Wellhead Protection District (Ward 8). The applicant requests this item be tabled until the November 2nd, 2020 Board of Adjustment meeting. The applicant currently has a text amendment under review by the City Council which may directly effect this application which will not be resolved by the October 5th, 2020 Board of Adjustment meeting. 200 North Second Street Saint Charles, MO 63301 Ph: 636.949.3222 Fax: 636.949.3557 www.stcharlescitymo.gov  AGENDA ITEM #2 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2020-21 702 S 6TH STREET OCTOBER 5TH, 2020 BY ANDREW STANISLAV GENERAL INFORMATION Owner/Applicant: Jill Ryan 702 S 6th Street St. Charles, Missouri 63301 Location: 702 S 6th Street Ward 2 Request: A request to decrease the required front yard setback for a privacy fence on a corner lot located on the side of the property not used as a principal entrance from ten (10) feet to one and one-half (1.5) feet as regulated in Section 400.550(A)(2)(a) of the City of St. Charles Code of Ordinances. Zoning: R-1E Single-Family Residential District within the EHP Extended Historic Preservation District Adjacent Zoning & Land Use: Direction Zoning Land Use North R-2/EHP Single-Family Dwellings/Lincoln Elementary School South R-1E/EHP Single-Family Dwellings East R-2/EHP Single-Family Dwellings West R-2/EHP Single-Family Dwellings/Daycare ANALYSIS The subject property is approximately 7,800 square feet and is zoned R-1E Single-Family Residential District within the EHP Extended Historic Preservation District located at the southern corner of the intersection of South 6th Street and Perry Street. The applicant is requesting a decrease in the setback requirement for a fence located on a corner lot along the street frontage that does not serve as the principal entrance to the home. The fence is 4 feet tall and is comprised of 5.5 inch cedar pickets spaced one inch apart. This fence is also elevated from the street grade approximately 4 feet as it is located above a stone retaining wall that runs the length of the property frontage along Perry Street. A fence permit application was received for this cedar fence after installation but has not yet been approved, and approval has not yet been received from the Landmarks Board which is required for fencing on corner lots within a historic district. If this variance request is approved, the applicant will be required to obtain Landmarks Board approval as well as approval of a fence permit from the City. Case No. BOA-2020-21 Page 2 702 S 6th Street 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 decrease the front yard setback from 10 feet to 1.5 feet can be considered substantial since it decreases the setback by 85%, or in other words 8.5 feet; however, the fence is also located above an existing stone retaining wall (approximately 4 feet tall) along this property line. (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. Approval of the variance should not have negative impacts on adjacent properties. The fence is compliant with the site distance triangle as shown in the applicant’s submittal and does not block views from the intersection of Perry Street and S 6th Street. Staff did however receive two phone calls from neighboring property owners that did not appreciate the fence being installed prior to receiving the proper approvals from the City and the Landmarks Board. Case No. BOA-2020-21 Page 3 702 S 6th Street (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 a specific alternative to the proposed request with this application; however, it was mentioned in the submittal that it would be feasible to change the spacing of the pickets. City Code allows fences to be located within this area of a front yard as long as the spacing between the fence pickets are equal to or greater than the width of the pickets. The 10 foot setback is required in this instance because this fence is a privacy fence and does not have large enough spacing between the pickets. (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. The applicant’s property is rather unique as it is raised 4 feet by a stone retaining wall along the frontage of Perry Street where the subject fence is located. The retaining wall is already located along the property line and acts as a sight-proof barrier, similar to a typical privacy fence. Placement of the fence 10 feet off the property line or increasing the spacing of the fence pickets to comply with the Code would not provide much of an impact because of the topography of the lot and the existing stone retaining wall. Given this, Staff believes the approval of this request could be considered a just action. STAFF RECOMMENDATION After review of the request and all pertinent information, the Department of Community Development recommends that the request be APPROVED as submitted. Figure 1: Aerial Photo of Subject Property Case No. BOA-2020-21 Page 4 702 S 6th Street Figure 2: Photo of Subject Fence along Perry Street BOA-2020-21  September 18th, 2020 SARTI WILLIAM*SARTI JENNIFER E 802 S BENTON AVE ST CHARLES MO 63301 Re: Board of Adjustment Case No. 2020-21 702 S 6th Street Dear Property Owner: As the owner of property adjacent to or within 300 feet of the property referenced above, 702 S 6th Street, you are hereby notified that the City of St. Charles Board of Adjustment has received a variance request from Jill Ryan. A request to decrease the required front yard setback for a privacy fence on a corner lot located on the side of the property not used as a principal entrance from ten (10) feet to one and one-half (1.5) feet as regulated in Section 400.550(A)(2)(a) 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). The Board of Adjustment will hold a public hearing on this application at 6:00 p.m. on Monday, October 5th, 2020 on the fourth floor of St. Charles City Hall in City Council Chambers, 200 North Second Street, St. Charles. You may attend the public hearing to make comments concerning the requested variance, or you may forward written comments to the Board of Adjustment through the Department of Community Development, 200 North Second Street, Room 303, St. Charles, MO 63301. If you have any questions regarding this letter or the variance application, please contact the Department of Community Development at 636-949-3222 and refer to the case number given above. Andrew Stanislav City Planner Department of Community Development Owner SiteAddres MailingAdd CITYSTATE ZIP SARTI WILLIAM*SARTI JENNIFER E 802 S BENTON AVE 802 S BENTON AVE ST CHARLES MO 63301 KERN PROPERTIES LLC 521 PERRY ST 3 ST MALO CT LAKE ST LOUIS MO 63367 KALTENBACH GARY 700 S BENTON AVE 700 S BENTON AVE ST CHARLES MO 63301-2968 CAVANAUGH KEVIN*CAVANAUGH JACQUELINE 726 S BENTON AVE 445 PREAKNESS PLACE RD VAN ALSTYNE TX 75495 GONGWER TROY*GONGWER MARY S 724 S BENTON AVE 724 S BENTON AVE ST CHARLES MO 63301 ROEPER STEPHEN M*ROEPER DINAH J 720 S BENTON AVE 720 S BENTON AVE ST CHARLES MO 63301 STRANDELL JOHN P*STRANDELL TAYLOR B 706 S BENTON AVE 706 S BENTON AVE ST CHARLES MO 63301-2968 BREZ ERIKA ANN 525 PERRY ST 525 PERRY ST ST CHARLES MO 63301-2942 HENDRIX LARRY D*HENDRIX TRINA R 520 PERRY ST 520 PERRY ST ST CHARLES MO 63301 HENDRIX LARRY D 522 PERRY ST 522 PERRY ST ST CHARLES MO 63301 HACK MARSHA D 600 S BENTON AVE 600 S BENTON AVE ST CHARLES MO 63301 JOHNSON DAVID V*JOHNSON JANE R 604 S BENTON AVE 604 S BENTON ST ST CHARLES MO 63301 RIDEOUT CAROLYN A 610 S BENTON AVE 610 S BENTON AVE ST CHARLES MO 63301-2967 BENEFIELD STEVEN T*BENEFIELD JENNIFER L 630 S BENTON AVE 1 GREENWAY DR MECHANICSBURG PA 17055 GONZALEZ ILDEFONSO 620 S BENTON AVE 424 JEFFERSON ST ST CHARLES MO 63301-2824 STRUCKMANN MARK D 555 PIKE ST 555 PIKE ST ST CHARLES MO 63301-2962 GREEN WILLIAM J*GREEN BELINDA K 601 S BENTON AVE 49 FOREST LAKE CT ST CHARLES MO 63301 KUTCHER KRAIG*KUTCHER SHERRY 615 S BENTON AVE 615 S BENTON AVE ST CHARLES MO 63301-2966 GOSLIK DENNIS L*GOSLIK PAMELA E 619 S BENTON AVE 2724 S RIVER RD ST CHARLES MO 63303 GERDES PAUL DOUGLAS*GERDES DEE ANN 626 S 6TH ST 130 CEDAR JUNCTION LN ST CHARLES MO 63304 LUTHER KELSEY 620 S 6TH ST 620 S 6TH ST ST CHARLES MO 63301-2918 GOETGES OLIVER E 608 S 6TH ST 608 S 6TH ST ST CHARLES MO 63301 UTLAUT CHRISTINE SUTTER 616 S 6TH ST 616 S 6TH ST ST CHARLES MO 63301-2918 SWICK RONALD A 600 S 6TH ST 600 S 6TH ST ST CHARLES MO 63301-2918 SKELTON BOBBY E SR*SKELTON LYVONNE 627 S BENTON AVE 627 S BENTON AVE ST CHARLES MO 63301-2966 SCOTT EARL DUANE*SCOTT MARGIE 623 S BENTON AVE 623 S BENTON AVE ST CHARLES MO 63301-2966 RYAN JILL E 702 S 6TH ST 519 MEADOW CHASE DR ST CHARLES MO 63303 COLEMAN JONATHAN P 703 S BENTON AVE 703 S BENTON AVE ST CHARLES MO 63301-2931 ROEPER STEPHEN M*ROEPER DINAH J 711 S BENTON AVE 720 S BENTON AVE ST CHARLES MO 63301 EBBESMEYER LAMBERT H*EBBESMEYER CAROLYN J 717 S BENTON AVE 17 PROVENCE DR LAKE ST LOUIS MO 63367 DUKATE DOUGLAS G*DUKATE KAYCI M 725 S BENTON AVE 725 S BENTON AVE ST CHARLES MO 63301-2931 HUNSEL JEREMY T*WOLFE HEIDI 718 S 6TH ST 718 S 6TH ST ST CHARLES MO 63301-2920 BERNHARD HOWARD P*BERNHARD JOAN K S 6TH ST 801 HAWTHORN AVE ST CHARLES MO 63301-1475 BERENDS MATTHEW*SCHMIDT HOLLY 708 S 6TH ST 708 S 6TH ST ST CHARLES MO 63301 MILLER GREGORY J*MILLER HEATHER E 723 S BENTON AVE 723 S BENTON AVE ST CHARLES MO 63301-2931 WEBER CHRISTOPHER J 808 S 6TH ST 13 BRIARWOOD LN ST CHARLES MO 63301 BRYAN KATLYNN N*BRYAN SUSAN L 800 S 6TH ST 800 S 6TH ST ST CHARLES MO 63301 MCEWEN JULIA ANN REVOC TRUST 803 S BENTON AVE 803 S BENTON AVE ST CHARLES MO 63301 PANHORST CHET*PANHORST STEVEN 805 S BENTON AVE 613 NORWICH DR ST CHARLES MO 63301 WATSON CARYN A 565 WATER ST 808 N 5TH ST ST CHARLES MO 63301-1937 BRAGG MICHAEL E REVOCABLE LIVING TRUST 807 S 6TH ST 807 S 6TH ST ST CHARLES MO 63301 RAPPLEAN ANTHONY L*RAPPLEAN EMILY E 801 S 6TH ST 801 S 6TH ST ST CHARLES MO 63301-2921 KOENIG MICHAEL*KOENIG KARA TRUST 707 S 6TH ST 707 S 6TH ST ST CHARLES MO 63301 KECK JOHN*KECK JERI 701 S 6TH ST 701 S 6TH ST ST CHARLES MO 63301 PATTERSON HOLDING CO 717 S 6TH ST 2019 N 3RD ST ST CHARLES MO 63301 LANGSTON WILLIAM B III 722 S 7TH ST 60 BROOKSIDE DR ST CHARLES MO 63301 BARBER KATHLEEN M 617 PERRY ST 617 PERRY ST CHARLES MO 63301-2944 MCCOLLISTER RYAN JOHN*MCCOLLISTER TRACY LIEN 621 PERRY ST 621 PERRY ST ST CHARLES MO 63301 BENN ANTHONY T 612 WATER ST 612 WATER ST ST CHARLES MO 63301-2957 VENTURA SALVATORE*VENTURA MELISSA 601 S 6TH ST 601 S 6TH ST ST CHARLES MO 63301 CITY OF ST CHARLES SCHOOL DISTRICT 625 S 6TH ST 625 S 6TH ST ST CHARLES MO 63301 FINCH BRIAN*FINCH HILLARY 525 S 6TH ST 525 S 6TH ST ST CHARLES MO 63301