Board of Adjustment

BOARD OF ADJUSTMENT AGENDA November 2nd, 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, November 2nd, 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). THIS ITEM WAS TABLED AT THE OCTOBER 5TH, 2020 MEETING AND HAS SINCE BEEN WITHDRAWN. 2. Case No. BOA-2020-22. Address: 2425 N 8th Street (Habitat for Humanity of St. Charles County – Michelle Woods). A request to decrease the required minimum lot width at the building line from sixty (60) feet to fifty-eight (58) feet as regulated in Section 400.150(E)(2)(c) of the City of St. Charles Code of Ordinances. The property is zoned R-1E Single-Family Residential District (Ward 1). 3. Administrative Item. Approval of the 2021 Meeting Dates and Deadlines. Adjournment Board of Adjustment Agenda 1 The next meeting of the Board of Adjustment is scheduled for Monday, December 7th, 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 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 10/28/20 @ 11:00 AM by gmc Board of Adjustment Agenda 2  NOTICE OF PUBLIC HEARING 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, November 2nd, 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: 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 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). This item was tabled at the October 5th, 2020 meeting. 2. Case No. BOA-2020-22. Address: 2425 N 8th Street (Habitat for Humanity of St. Charles County – Michelle Woods). A request to decrease the required minimum lot width at the building line from sixty (60) feet to fifty-eight (58) feet as regulated in Section 400.150(E)(2)(c) of the City of St. Charles Code of Ordinances. The property is zoned R-1E Single-Family Residential District (Ward 1). All applications, maps and plans for the above items as received from the applicants are available in the offices of the Department of Community Development, 200 North Second Street, Suite 303, St. Charles, Missouri, during regular business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. If you have any questions regarding the above items scheduled for public hearing, please contact the Department of Community Development at (636) 949-3222. The City of St. Charles offers all interested citizens the opportunity to attend public meetings and comment on public matters. 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.  AGENDA ITEM #1 Memorandum To: The Board of Adjustment From: John Boyer, Planning Manager Date: October 28th, 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). This application is withdrawn due to the approval of Ordinance 20-146 by the City Council at their October 20th, 2020 meeting. This ordinance requires “all areas used for storage or parking shall be paved with an approved impervious surface” as a requirement for approval of a conditional use within the WHP Wellhead Protection District. Therefore, a variance cannot be heard and/or granted by the Board as it is tied to the land use and its approval would be considered a use variance (not under the purview of the Board of Adjustment). 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-2020-22 2425 N 8TH STREET NOVEMBER 2ND, 2020 BY ANDREW STANISLAV GENERAL INFORMATION Owner: Cheri Peterson Cherico Investments, LLC 4701 Chippewa Way St. Charles, Missouri 63304 Applicant: Michelle Woods Habitat for Humanity of St. Charles County 2041 Trade Center Drive St. Peters, Missouri 63376 Location: 2425 N 8th Street Ward 1 Request: A request to decrease the required minimum lot width at the building line from sixty (60) feet to fifty-eight (58) feet as regulated in §400.150(E)(2)(c) of the City of St. Charles Code of Ordinances. Zoning: R-1E Single-Family Residential District Adjacent Zoning & Land Use: Direction Zoning Land Use North R-1E Single-Family Residential South R-1E Single-Family Residential East R-1E Single-Family Residential West PD-R Single-Family Residential across Mel Wetter Pkwy ANALYSIS The subject property is approximately 32,500 square feet (0.746 acre) and is zoned R-1E Single- Family Residential District. This property is located within Ward 1 on the west side of the intersection of N 8th Street and Edward Street and on the east side of Mel Wetter Parkway. The applicant has submitted a variance request in order to subdivide the property into three (3) lots to construct a new detached single-family dwelling on each of the proposed lots. The R-1E Single- Family Residential District requires a minimum lot width at the building line of sixty (60) feet, which would require a minimum width at the building line of 180 feet in order to subdivide a property into three separate lots. The subject property currently has a total width of 175 feet, which Case No. BOA-2020-22 Page 2 2425 N 8th Street is five (5) feet short of the amount needed to achieve three lots, or in other words approximately two (2) feet per proposed lot. Applicable Regulations: The applicant is requesting a variance from the City’s Zoning ordinance, as follows:  §400.150(E)(2)(c) Minimum lot width at the building line: “R-1E” district: 60 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 decrease the minimum lot width at the building line from 60 feet to 58 feet should not be considered substantial as it reduces the required lot width by 3.3%, or in other words a decrease of two (2) feet per lot. (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. Case No. BOA-2020-22 Page 3 2425 N 8th Street (3) Effect on neighbors or neighborhood. The effect of the requested variance on adjoining properties or on the character of the neighborhood generally. The subject property and the surrounding area was originally platted as part of the St. Charles Heights record plat shown in Figure 1 below. While this area has since been modified over the years with the inclusion of Mel Wetter Parkway and other area improvements, Block M and Block K of this plat largely resemble the pattern and form of the original plat while lots have also been consolidated. Of the twenty (20) parcels comprising Block M and Block K that have been developed with a single-family dwelling, only five (5) of these parcels meet the current minimum lot width requirement of 60 feet. The remaining fifteen (15) parcels, or 75% of the developed lots, have a minimum lot width of fifty (50) feet or less, which is not uncommon in the context of the larger surrounding area. Given this, Staff believes that the proposed lot width of 58 feet will fit with the existing built form of the neighborhood. Figure 1: Plat of St. Charles Heights with subject site highlighted in yellow. (4) Alternatives to a variance. The existence of a feasible alternative to the applicant’s proposal or other means of alleviating the hardship. If the applicant wishes to construct three new single-family dwellings on the subject property then there are no alternatives to this request. The applicant would be able to subdivide the property into two lots without a variance to construct single-family dwellings; however, as noted above, the proposed lot width minimum is still larger than most of the surrounding properties in the neighboring blocks. (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. Case No. BOA-2020-22 Page 4 2425 N 8th Street Without approval of the requested variance, the subject property would not be able to accommodate the space currently required by the Zoning Ordinance for three single-family dwellings. The proposed lot width at the building line of fifty-eight (58) feet is 3.3% less than the current requirement of sixty (60) feet, and the existing built environment of the neighborhood reflects a lot width that is less than the current zoning requirement. This pattern is well established as 75 percent of the developed properties within Block M and Block K of St. Charles Heights have a minimum lot width size of 50 feet or less, which can also be seen in other nearby areas of the City that were historically developed. There are no other variances proposed at this time for the applicant’s project, and given the above information, it is Staff’s opinion that the requested variance at this location 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, subject to the following condition: 1. Approval of a record plat by the City Council to subdivide the property located at 2425 N 8th Street into three (3) lots which shall subsequently be recorded with the St. Charles County Recorder of Deeds. Figure 2: Aerial of subject property (2425 n 8th St) and the surrounding area. Case No. BOA-2020-22 Page 5 2425 N 8th Street Figure 3: View looking west toward the subject property area. BOA-2020-22  ENGINEERING PLANNING SURVEYING LAND DESCRIPTION BAX PROJECT NO. 20-18181 32,500 9-30-2020 MEC A tract of land being all of Lots 9 through 15 inclusive and 37 through 41 inclusive, all being in Block M of “St. Charles Heights”, a subdivision according to the plat thereof recorded in Plat Book 3 Page 87 of the St. Charles County Records, Township 47 North, Range 5 East, City of St. Charles, St. Charles County, Missouri and containing 32,500 sq. ft. according to calculations by Bax Engineering during September 2020 BAX ENGINEERING CO. 221 Point West Blvd. St. Charles, MO 63301 (636) 928-5552 Fax: (636) 928-1718 www.baxengineering.com VICINITY MAP SITE LAYOUT 1 of 1  October 16th, 2020 KEANE SHIRLEY A 2411 N 7TH ST ST CHARLES MO 63301 Re: Board of Adjustment Case No. 2020-22 2425 N 8th Street Dear Property Owner: As the owner of property adjacent to or within 300 feet of the property referenced above, 2425 N 8th Street, you are hereby notified that the City of St. Charles Board of Adjustment has received a variance request from Michelle Woods with Habitat for Humanity of St. Charles County. A request to decrease the required minimum lot width at the building line from sixty (60) feet to fifty-eight (58) feet as regulated in Section 400.150(E)(2)(c) of the City of St. Charles Code of Ordinances. The property is zoned R-1E Single-Family Residential District (Ward 1). The Board of Adjustment will hold a public hearing on this application at 6:00 p.m. on Monday, November 2nd, 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 KEANE SHIRLEY A 2411 N 7TH ST 2411 N 7TH ST ST CHARLES MO 63301 EDELSTEIN ALEXIS LORA*EDELSTEIN ALIZAH RAE 2417 N 7TH ST 4 WILDERNESS LN DEFIANCE MO 63341 ROGERS ANTHONY*ROGERS AUSTYN 2421 N 7TH ST 2421 N 7TH ST ST CHARLES MO 63301 JOHNSON RALPH*JOHNSON DOLLIE N 7TH ST 2425 N 7TH ST ST CHARLES MO 63301 JOHNSON DOLLIE* JOHNSON FAM TRUST 2425 N 7TH ST 2431 GROVE RIDGE DR PALM HARBOR FL 34683 RAU HOWARD A*RAU DOROTHEA M 2427 N 7TH ST 10840 MIDLAND BLVD ST LOUIS MO 63114-1842 WABASH RAILROAD COMPANY N 7TH ST 3 COMMERCIAL PLACE NORFOLK VA 23510 WABASH RAILROAD COMPANY N 7TH ST 3 COMMERCIAL PLACE NORFOLK VA 23510 RAU HOWARD A*RAU DOROTHEA M 2424 N 8TH ST 10840 MIDLAND BLVD ST LOUIS MO 63114-1842 MYERS MICHAEL R 2416 N 8TH ST 2310 N 6TH ST ST CHARLES MO 63301 MYERS WILLIAM A*MYERS BRENDA J*MYERS MICHAEL R 2410 N 8TH ST 2310 N 6TH ST ST CHARLES MO 63301 MERTZ JAMES 2408 N 8TH ST 2408 N 8TH ST ST CHARLES MO 63301-0925 LYNCH JOHN 2401 N 8TH ST 2401 N 8TH ST ST CHARLES MO 63301-0924 MAACK HOLDING LLC 2421 N 8TH ST 7247 PIERSIDE DR OFALLON MO 63366 CHERICO INVESTMENTS LLC 2425 N 8TH ST 4701 CHIPPEWA WAY ST CHARLES MO 63304 WABASH RAILROAD COMPANY N 8TH ST 3 COMMERCIAL PLACE NORFOLK VA 23510 CITY OF ST CHARLES MISSOURI N 9TH ST 200 N 2ND ST ST CHARLES MO 63301 HALLORAN JOHN N 9TH ST 15905 WILSON WOODS CT CHESTERFIELD MO 63005-4655 BOYLAN DREW N 9TH ST 129 KUNZE DR ST CHARLES MO 63303 BOYLAN DREW N 9TH ST 129 KUNZE DR ST CHARLES MO 63303 STEPHENSON THOMAS N 9TH ST 3018 PARK AVE ST CHARLES MO 63301 DORLAQUE ALBERT*DORLAQUE CORA*BLACK SUSAN K N 9TH ST 37287 BURR ST ST CHARLES MO 63301 SMITH GLENN D SR LIV TRUST N 9TH ST 4 WYCLIFFE CT ST CHARLES MO 63304 ECKENROTH KEVIN 2407 N 8TH ST 2407 N 8TH ST ST CHARLES MO 63301 MITTS JOHN W JR*MITTS CHERI A 2415 N 8TH ST 25 WILLOW BROOK CT ST CHARLES MO 63301-1119 CARRICO DAVID E 2404 N 8TH ST 2404 N 8TH ST ST CHARLES MO 63301 STEINHOFF LISA*MANGLES KEITH 2316 DE LA CROIX AVE 2316 DE LA CROIX AVE ST CHARLES MO 63301 WINKLER FRED R*WINKLER THERESA 2312 DE LA CROIX AVE 2312 DE LA CROIX AVE ST CHARLES MO 63301 VILLAGES OF PROVENCE HOMEOWNERS ASSOCIATION INC DE LA CROIX AVE 10407 BAUR BLVD STE B ST LOUIS MO 63132 BOZWELL DENNIS P*BOZWELL CAROLYN M 2402 N 8TH ST 56 CIRCLE WAY DR ST PETERS MO 63376  BOARD OF ADJUSTMENT 2021 MEETING DATES AND DEADLINES MEETING DATE APPLICATION DEADLINE JANUARY 4, 2021 DECEMBER 7, 2020 FEBRUARY 1, 2021 JANUARY 4, 2021 MARCH 8, 2021 FEBRUARY 1, 2021 APRIL 12, 2021 MARCH 8, 2021 MAY 10, 2021 APRIL 6, 2021 JUNE 14, 2021 MAY 5, 2021 JULY 12, 2021 JUNE 7, 2021 AUGUST 9, 2021 JULY 12, 2021 SEPTEMBER 13, 2021 AUGUST 9, 2021 OCTOBER 4, 2021 SEPTEMBER 7, 2021 NOVEMBER 8, 2021 OCTOBER 4, 2021 DECEMBER 6, 2021 NOVEMBER 8, 2021 The filing fee for an application to the Board of Adjustment is as follows: Variance for a single- family home or duplex: $50.00 for all applicable variances. Multiple-Family or Non-Residential variance: $150.00 for first request + $50.00 for each additional variance request on the same property. Checks should be made payable to the City of St. Charles. Board of Adjustment meetings begin at 6:00 p.m. on the fourth floor of St. Charles City Hall, 200 North Second Street, St. Charles, MO. Applicants are required to attend the public hearing.