Board of Adjustment

BOARD OF ADJUSTMENT AGENDA December 7th, 2020 BOARD OF ADJUSTMENT: 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, December 7th, 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-2020-23. Address: 407 N 7th Street (Josh Arnold). A request to decrease the required rear yard setback (specifically for a deck) from 8.75 feet to 4 feet as regulated in Section 400.620(A)(4) 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 1). 2. Administrative Item. Election of Chair, Vice-Chair, and Secretary for 2021. Adjournment 3. Administrative Item. Board of Adjustment Training The next meeting of the Board of Adjustment is scheduled for Monday, January 4th, 2021 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. Board of Adjustment Agenda 1 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 12/2/20 # 4:30 pm by jcs 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, December 7th, 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-2020-23. Address: 407 N 7th Street (Josh Arnold). A request to decrease the required rear yard setback (specifically for a deck) from 8.75 feet to 4 feet as regulated in Section 400.620(A)(4) 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 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 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2020-23 407 N 7TH STREET DECEMBER 7TH, 2020 BY ANDREW STANISLAV GENERAL INFORMATION Owner/Applicant: Josh Arnold 407 N 7th Street St. Charles, Missouri 63301 Location: 407 N 7th Street Ward 1 Request: A request to decrease the required rear yard setback (specifically for a deck) from 8.75 feet to 4 feet as regulated in Section 400.620(A)(4) of the City of St. Charles Code of Ordinances. Zoning: R-1E Single-Family Residential District and within the EHP Extended Historic Preservation District. Adjacent Zoning & Land Use: Direction Zoning Land Use North R-1E/EHP Single Family Residence South R-1E/EHP Single Family Residence East R-1E/EHP Single Family Residence West R-1E/EHP Single Family Residence ANALYSIS The subject property is approximately 3,750 square feet and is zoned R-1E Single-Family Residential District and within the EHP Extended Historic Preservation District. The applicant is requesting approval of a varied rear yard setback for a deck attached to the rear of the dwelling. Typically, a lot in the R-1E District requires a twenty-five (25) foot rear yard setback; however, the subject property is a non-conforming lot as it does not meet the R-1E District standards and is allowed an exception by Code for a rear yard setback of 75% of that required, or 18.75 feet (75% x 25’ = 18.75’). Additionally, the Code also allows an exception for residential decks to encroach a required rear yard setback by no more than ten (10) feet (18.75’ – 10’ = 8.75’). When determining a rear yard setback specifically for a deck at the subject property, the Code requires a minimum setback of 8.75 feet. The subject property does not have much of a rear yard requiring a variance to place the 10’ x 14’ deck. The deck is four (4) feet from the rear property line, requiring a 4.75 foot variance. Case No. BOA-2020-23 Page 2 407 N 7th Street A Building Permit is currently under review for this deck and is pending approval of this variance request from the Board of Adjustment as well as approval from the Landmarks Board. This deck was constructed prior to receiving the above required approvals from the City. Applicable Regulations: The applicant is requesting a variance from the City’s Zoning ordinance, as follows:  §400.620(A)(4): Open, unenclosed porches, decks or platforms, including those not covered by a roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into any required front yard setback no more than six (6) feet. Open, unenclosed decks or porches or decks or porches covered by a roof or canopy and/or enclosed by screening may encroach into the required rear yard setback no more than ten (10) feet. Deck enclosures that consist of any material other than screening, such as glass or solid walls or that consist of less than ninety percent (90%) screening, are considered room additions and must meet the required rear yard setback for the zoning district in which they are located. Figure 1: Aerial Photo of the Subject Property 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 Case No. BOA-2020-23 Page 3 407 N 7th Street 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 reduce the rear yard setback for a deck should be considered substantial since it decreases the setback from 8.75 feet to 4 feet, or a 54% reduction. (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. Staff does not anticipate any negative impacts on neighboring properties or the neighborhood. The subject site has two existing sheds along the same rear property line, one of which is placed along the property line (0 foot setback) and the other is similar if not equal to the distance requested for the deck as shown in the applicant’s attached exhibits. The adjacent property sharing this rear property line has a detached garage made of CMU block that appears to have also been placed along the property line as seen in Figure 1 on the previous page. Other rear yard accessory structures in the area also appear to follow a similar pattern. Additionally, there were no issues or concerns with the deck as proposed following review by a Building Official from the City’s Building Division. Case No. BOA-2020-23 Page 4 407 N 7th 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 an alternative to this request. There does not appear to be a feasible alternative to this variance other than constructing a much smaller deck or placing the deck in the side yard which would be visible from N 7th Street. Upon review by the City’s Preservation Planner, the deck would be more closely scrutinized in terms of design and materials if located where highly visible from N 7th Street, as this property is located in one of the City’s historic districts. (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 recognizes in their submittal that the subject property is a legal non-conforming lot as it currently does not meet the City’s standards for property within the R-1E Single- Family Residential District. The configuration of the house on this property also does not allow for much of a rear yard. The deck as proposed is not visible from N 7 th Street and is consistent with the distance of the adjacent shed. An additional non-conforming shed is also situated on the property line. Other properties in the area have non-conforming accessory structures with similar or lesser setbacks than that requested, and the City’s Building Division has no issues or concerns with the deck. Given the configuration of the lot and character of the surrounding area, staff believes the approval of this variance can be considered a just act. STAFF RECOMMENDATION After review of the pertinent information, the Department of Community Development recommends that the request to decrease the required rear yard setback for a deck from 8.75 feet to 4 feet be APPROVED. Compliant Alternative Location Proposed Location BOA-2020-23  November 20th, 2020 CLARK GRANT*CLARK PATRICIA TRUST 329 N 6TH ST ST CHARLES MO 63301-1803 Re: Board of Adjustment Case No. 2020-23 407 N 7th Street Dear Property Owner: As the owner of property adjacent to or within 300 feet of the property referenced above, 407 N 7th Street, you are hereby notified that the City of St. Charles Board of Adjustment has received a variance request from Josh Arnold. A request to decrease the required rear yard setback (specifically for a deck) from 8.75 feet to 4 feet as regulated in Section 400.620(A)(4) 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 1). The Board of Adjustment will hold a public hearing on this application at 6:00 p.m. on Monday, December 7th, 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 CLARK GRANT*CLARK PATRICIA TRUST 329 N 6TH ST 329 N 6TH ST ST CHARLES MO 63301-1803 NAVARRETE DE VEIT SILVIA*VEIT RICHARD LAWRENCE 623 ADAMS ST 1621 MESA DR APT 18 NEWPORT BEACH CA 92660 GRAHAM KATLIND 625 ADAMS ST 625 ADAMS ST ST CHARLES MO 63301-1821 GARRISON DENISE MARIE 626 MONROE ST 626 MONROE ST ST CHARLES MO 63301-1841 PRIBONIC MARK A*PRIBONIC LESLIE A 632 MONROE ST 632 MONROE ST ST CHARLES MO 63301 MEHEGAN WILLIAM ROBERT 633 ADAMS ST 633 ADAMS ST ST CHARLES MO 63301-1821 ODELL ALICE M 401 N 6TH ST 401 N 6TH ST ST CHARLES MO 63301 MARREN NELDA F 409 N 6TH ST 409 N 6TH ST ST CHARLES MO 63301 ERMELING FAM TRUST 417 N 6TH ST 2296 GALLAHER AVE ST CHARLES MO 63301 ERMELING FAM TRUST 423 N 6TH ST 2296 GALLAHER AVE ST CHARLES MO 63301 DEFOREST PROPERTIES INC 427 N 6TH ST 186 HUNTINGTON DOWNS ST CHARLES MO 63301-8700 HALEY GREGORY T*HALEY DEBORAH S 615 CLARK ST 1691 DUVALL CT DARDENNE PRAIRIE MO 63368 ERMELING FAMILY INVESTMENT TRUST 635 CLARK ST 3248 PRINCIPIA AVE ST CHARLES MO 63301 ERMELING FAMILY INVESTMENT TRUST 629 CLARK ST 3248 PRINCIPIA AVE ST CHARLES MO 63301 BOSCHERT DONNA A 630 ADAMS ST 18305 ALLENTON FOREST DR WILDWOOD MO 63069-3155 TRUDELL LANCE*TRUDELL LARA 626 ADAMS ST 626 ADAMS ST ST CHARLES MO 63301-1822 ERMELING FAM TRUST 618 ADAMS ST 2296 GALLAHER AVE ST CHARLES MO 63301 ERMELING FAM TRUST 431 N 6TH ST 2296 GALLAHER AVE ST CHARLES MO 63301 STRUCKHOFF ROBERT W*STRUCKHOFF CONSTANCE M 618 CLARK ST 618 CLARK ST ST CHARLES MO 63301-1832 DUMONTELLE JAMES L*DUMONTELLE VICKI M 622 CLARK ST 622 CLARK ST ST CHARLES MO 63301 EDE RUSSELL S*EDE KAREN S 630 CLARK ST 630 CLARK ST ST CHARLES MO 63301 WEINHOLD CAROL A REVOCABLE LIVING TRUST 626 CLARK ST 626 CLARK ST ST CHARLES MO 63301-1832 MAC CALLUM LORETTA M 710 CLARK ST 710 CLARK ST ST CHARLES MO 63301-1834 REID WILLIAM J*REID BEVERLY W 714 CLARK ST 1018 FRICK AVE WARRENTON MO 63383-1307 SCHNEIDER JOSEPH K*SCHOEDEL ABBY E 718 CLARK ST 718 CLARK ST ST CHARLES MO 63301-1834 STRUCKHOFF DENNIS H*STRUCKHOFF ANN T 706 CLARK ST 706 CLARK ST ST CHARLES MO 63301-1834 RIDDLER GUY S 709 CLARK ST 709 CLARK ST ST CHARLES MO 63301 BAZZELL PROPERTIES II LLC 701 CLARK ST 8 WOODFORD PL ST CHARLES MO 63301-4565 WRIGHT FAM TRUST 411 N 7TH ST 7314 WESTFIELD XING DARDENNE PRAIRIE MO 63368 SMITH ARTHUR W*SMITH ESTRELLITA 713 CLARK ST 827 ADAMS ST ST CHARLES MO 63301 SINDELAR TIMOTHY J*SINDELAR KARA L 717 CLARK ST 717 CLARK ST ST CHARLES MO 63301 GRABANSKI MARK W*GRABANSKI LINDA L 721 CLARK ST 721 CLARK ST ST CHARLES MO 63301-1833 WETZEL RYAN T*WETZEL EMILY N 729 CLARK ST 729 CLARK ST ST CHARLES MO 63301-1833 WOERNER CATHARINE M 735 CLARK ST 735 CLARK ST ST CHARLES MO 63301 RIDDLER R RORY 736 ADAMS ST 736 ADAMS ST ST CHARLES MO 63301 CWIKLOWSKI DONALD E JR 728 ADAMS ST 728 ADAMS ST ST CHARLES MO 63301 GALLAGHER DANIEL J*GALLAGHER SHARON L 720 ADAMS ST 720 ADAMS ST ST CHARLES MO 63301 PRENGER LINDA A REVOC LIV TRUST THE 724 ADAMS ST 724 ADAMS ST ST CHARLES MO 63301 FALLWELL MAUREEN A*FALLWELL MICHAEL A 716 ADAMS ST 12572 DURROW CT ST LOUIS MO 63141-8815 BURGETT RAYMOND W JR REVOC LIVING TRUST 710 ADAMS ST 710 ADAMS ST ST CHARLES MO 63301 EAGLE CARMEN E 700 ADAMS ST 700 ADAMS ST ST CHARLES MO 63301-1824 ARNOLD JOSHUA 407 N 7TH ST 407 N 7TH ST ST CHARLES MO 63301-1884 WILSON HEIDI M 709 ADAMS ST 709 ADAMS ST ST CHARLES MO 63301-1823 YAHN GLENDON G*YAHN DONNA R 703 ADAMS ST 703 ADAMS ST ST CHARLES MO 63301-1823 GNECCO RICHARD A JR*GNECCO KELLY M 715 ADAMS ST 715 ADAMS ST ST CHARLES MO 63301 GUTH KARL*GUTH DENA 719 ADAMS ST 123 HUNTERS POINTE DR ST CHARLES MO 63304-7129 SCHNELTING LEE S*SCHNELTING JENNIFER L 725 ADAMS ST 725 ADAMS ST ST CHARLES MO 63301-1823 REEPMEYER GLEN*REEPMEYER MARY 729 ADAMS ST 729 ADAMS ST ST CHARLES MO 63301-1823 PEARIA JAMES T JR*PEARIA SHIRLEY J 714 MONROE ST 2220 PARK AVE ST CHARLES MO 63301-4736 MOLLISON RYAN J*MOLLISON ERIKA L 700 MONROE ST 700 MONROE ST ST CHARLES MO 63301-1843 YOUNGBLOOD BEKIN J 708 MONROE ST 708 MONROE ST ST CHARLES MO 63301  AGENDA ITEM #2 Memorandum To: Board of Adjustment From: Andrew Stanislav, City Planner Date: December 7th, 2020 Subject: Annual Election of Officers __ The Board should elect one (1) individual to serve for each of the following positions: Chairperson, Vice-Chairperson, and Secretary.