Board of Adjustment

BOARD OF ADJUSTMENT AGENDA January 4th, 2021 BOARD OF ADJUSTMENT: Richard Alferman, Chair Latonya Grotegeers, Vice-Chair Maureen Rogers-Bouxsein, Secretary Marita Malone James Ethington 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, January 4th, 2021, 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-2020-24. Address: 305 N Main Street (Thomas Douglass – 305 N. Main LLC). Two request: 1.) A request to decrease the required on-street parking for a new addition from fifty percent (50%) of the required parking requirements to zero percent (0%) for a new building addition as regulated in §400.270(H)(2) of the St. Charles Code of Ordinances, 2.) A request to exceed the maximum lot coverage from the required maximum of eighty percent (80%) of the gross lot area to ninety-two percent (92%) of the gross lot area for a new building addition as regulated in §400.270(F) of the St. Charles Code of Ordinances. The property is zoned CBD/HDD Central Business District within the Historic Downtown District Overlay (Ward 1). THIS APPLICATION HAS BEEN WITHDRAWN BY THE APPLICANT. 2. Case No. BOA-2020-25. Address: 2757 Plaza Way (Mark Aschen – Master Signs). 4 requests: 1.) a request to increase the permitted freestanding identification sign area from twenty-four (24) square feet to fifty-seven (57) square feet as regulated in Section 400.1560(A)(1) of the City of St. Charles Code of Ordinances, 2.) a request to increase the maximum freestanding identification sign height from six (6) feet to eight (8) feet as regulated in Section 400.1560(A)(1) of the City of St. Charles Code of Ordinances, 3.) a request to increase the number of items of Board of Adjustment Agenda 1  information displayed on a freestanding sign from eight (8) items to twenty (20) items as regulated in Section 400.1560(A)(5) of the City of St. Charles Code of Ordinances, and 4.) a request to decrease the minimum tenant panel size from 8 square feet to 1.7 square feet as regulated in Section 400.1720(A)(4)(b) of the City of St. Charles Code of Ordinances. The property is zoned C-2 General Business District (Ward 6). Adjournment The next meeting of the Board of Adjustment is scheduled for Monday, February 1st, 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. 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 12/30/20 @ 9:30 am by cet 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, January 4th, 2021, 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-2020-24. Address: 305 N Main Street (Thomas Douglass – 305 N. Main LLC). Two request: 1.) A request to decrease the required on-street parking for a new addition from fifty percent (50%) of the required parking requirements to zero percent (0%) for a new building addition as regulated in §400.270(H)(2) of the St. Charles Code of Ordinances, 2.) A request to exceed the maximum lot coverage from the required maximum of eighty percent (80%) of the gross lot area to ninety-two percent (92%) of the gross lot area for a new building addition as regulated in §400.270(F) of the St. Charles Code of Ordinances. The property is zoned CBD/HDD Central Business District within the Historic Downtown District Overlay (Ward 1). 2. Case No. BOA-2020-25. Address: 2757 Plaza Way (Mark Aschen – Master Signs). 4 requests: 1.) a request to increase the permitted freestanding identification sign area from twenty-four (24) square feet to fifty-seven (57) square feet as regulated in Section 400.1560(A)(1) of the City of St. Charles Code of Ordinances, 2.) a request to increase the maximum freestanding identification sign height from six (6) feet to eight (8) feet as regulated in Section 400.1560(A)(1) of the City of St. Charles Code of Ordinances, 3.) a request to increase the number of items of information displayed on a freestanding sign from eight (8) items to twenty (20) items as regulated in Section 400.1560(A)(5) of the City of St. Charles Code of Ordinances, and 4.) a request to decrease the minimum tenant panel size from 8 square feet to 1.7 square feet as regulated in Section 400.1720(A)(4)(b) of the City of St. Charles Code of Ordinances. The property is zoned C-2 General Business District (Ward 6). 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: Board of Adjustment From: John Boyer, Planning Manager Date: January 4th, 2021 Subject: Case No. BOA-2020-24. Address: 305 N Main Street (Thomas Douglass – 305 N. Main LLC). Two request: 1.) A request to decrease the required on-street parking for a new addition from fifty percent (50%) of the required parking requirements to zero percent (0%) for a new building addition as regulated in §400.270(H)(2) of the St. Charles Code of Ordinances, 2.) A request to exceed the maximum lot coverage from the required maximum of eighty percent (80%) of the gross lot area to ninety-two percent (92%) of the gross lot area for a new building addition as regulated in §400.270(F) of the St. Charles Code of Ordinances. The property is zoned CBD/HDD Central Business District within the Historic Downtown District Overlay (Ward 1). __ The applicant has submitted a letter withdrawing this application. No action by the Board of Adjustment is necessary.  AGENDA ITEM #2 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2020-25 2757 PLAZA WAY JANUARY 4TH, 2021 BY ANDREW STANISLAV GENERAL INFORMATION Owner: Greater Missouri Builders, Inc. 1551 Wall Street, Suite 220 St. Charles, Missouri 63303 Owner: Mark Aschen Master Signs 927 S 5th Street St. Charles, Missouri 63301 Location: 2757 Plaza Way Ward 6 Request: 4 requests: 1.) a request to increase the permitted freestanding identification sign area from twenty-four (24) square feet to fifty-seven (57) square feet as regulated in Section 400.1560(A)(1) of the City of St. Charles Code of Ordinances, 2.) a request to increase the maximum freestanding identification sign height from six (6) feet to eight (8) feet as regulated in Section 400.1560(A)(1) of the City of St. Charles Code of Ordinances, 3.) a request to increase the number of items of information displayed on a freestanding sign from eight (8) items to twenty (20) items as regulated in Section 400.1560(A)(5) of the City of St. Charles Code of Ordinances, and 4.) a request to decrease the minimum tenant panel size from 8 square feet to 1.7 square feet as regulated in Section 400.1720(A)(4)(b) of the City of St. Charles Code of Ordinances. Zoning: C-2 General Business District Adjacent Zoning & Land Use: Direction Zoning Land Use North C-2 Restaurant/Commercial South C-2 Element Church East C-2 Linden Lodge Student Housing West C-2 Vacant Retail/Commercial Case No. BOA-2020-25 Page 2 2757 Plaza Way ANALYSIS The subject property is approximately 0.64 acre, or 27,878 square feet, and is zoned C-2 General Business District. The property is located at the west corner of the intersection of Plaza Way and Wall Street (about 200 feet north of Hawks Nest Drive) and is part of the Regency Plaza development within Ward 6. The property has frontage along both Plaza Way and Wall Street, though access to the site is only provided off of Plaza Way. This existing octagon-shaped office building has remained vacant though work has been underway by the property owner to convert the building into a co-working space for up to sixteen (16) separate tenants. Each tenant will be able to rent office space inside of the building similar to OPO at 119 South Main Street. The applicant is proposing a single fifty-seven (57) square foot freestanding sign to be located at the entrance off of Plaza Way in place of a formerly existing sign. The proposed sign will feature a panel to display the name of each of the 16 tenants as well as information about the building. In total, there are four (4) variances requested pertaining to the height, overall size, tenant panel size, and amount of information displayed on the proposed freestanding sign. The applicant is also proposing a masonry base and landscaping compliant with the City’s Sign Code. Applicable Regulations: The applicant is requesting four (4) variances from the City’s Zoning ordinance, as follows:  §400.1560(A)(1) A "freestanding identification sign" is one which is erected or mounted on its own self-supporting permanent structure or base detached from any supporting elements of building. Requirements are as follows: Such signs, including their supporting structures, shall not exceed six (6) feet in height and such signs shall not exceed twenty- four (24) square feet in area.  §400.1560(A)(5) Including the business name, a maximum of eight (8) items of information may be displayed on a freestanding sign.  §400.1720(A)(4)(b) A freestanding sign identifying an individual business or businesses and/or the center shall be counted as a portion of the total aggregate sign area allowed for the business and in no instance shall an individual business occupy less than eight (8) square feet of the sign. 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 Case No. BOA-2020-25 Page 3 2757 Plaza Way 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 overall allowable sign area for one freestanding monument sign can be considered substantial since it increases the permitted sign area by 137.5%, or in other words thirty-three (33) square feet.  The request to increase the maximum freestanding identification sign height from six (6) feet to eight (8) feet can be considered substantial since it increases the permitted sign height by 33.3%, or in other words two (2) feet.  The request to increase the number of items of information displayed on a freestanding sign from eight (8) items to twenty (20) items can be considered substantial since it increases the permitted number of display items by 150%, or in other words twelve (12) additional items.  The request to decrease the minimum tenant panel size from 8 square feet to 1.7 square feet can be considered substantial since it decreases the permitted tenant panel sign area by 78.8%, or in other words 6.3 square feet each. (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. The applicant has noted in their submittal that identification of each tenant in the building would be beneficial for fire/police services. (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 have no negative impact on adjacent properties. Businesses and development along Plaza Way consist of commercial/retail uses which surround the subject property, and there are no adjacent residential areas. The property owner of the subject site also owns the adjacent vacant property to the west. The location of the proposed sign is the same where a previous freestanding sign was located as late as 2017, which was also a legal non-conforming sign of forty (40) square feet. Case No. BOA-2020-25 Page 4 2757 Plaza Way (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 the proposed request with this application. The applicant is permitted by City Ordinance to a freestanding sign no greater than 24 square feet and 6 feet in height at this proposed location, and they are also permitted a directory sign at the building’s entrance that details the building’s tenants. If the applicant wishes to construct a freestanding sign as proposed, then there are no alternatives to this variance request. (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, construction of the freestanding monument sign as proposed would not be possible. The applicant notes on the submitted application form that the increased signage as proposed is due to the number of tenants that would be identified on the sign and to be large enough as to be visible for passers-by. The property also has approximately 330 linear feet of total frontage along public roadways (Plaza Way and Wall Street), and the building is currently under renovation to become a co-working space for a maximum of 16 businesses. A freestanding sign is permitted by City Ordinance along each frontage for a total of forty-eight (48) square feet of freestanding signage; however, the applicant is proposing one freestanding sign along Plaza Way. The unique shape and style of the building does not lend itself to wall mounted signage, and the City Ordinance prohibits roof-mounted signage. Figure 2 on the following page is an image of the existing building which shows its unique design. Due to the subject property’s unique conditions, it is Staff’s opinion that the requested freestanding sign as submitted at this location can be considered a just action. This variance is only applicable to the freestanding sign along Plaza Way. Any additional future signage that may be proposed shall comply with the City’s Sign Code or the applicant may be required to seek an additional variance if needed. 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. This variance is only applicable to multi-tenant occupancy of the subject property located at 2757 Plaza Way and shall become null and void at such time that the property is no longer occupied as a multi-tenant space. Case No. BOA-2020-25 Page 5 2757 Plaza Way Figure 1: Aerial of the subject property and the surrounding area. Figure 2: Frontage along Plaza Way. BOA-2020-25  December 18th, 2020 HAWKS NEST INC 500 N BROADWAY STE 1200 ST LOUIS MO 63102-2124 Re: Board of Adjustment Case No. 2020-25 2757 Plaza Way Dear Property Owner: As the owner of property adjacent to or within 300 feet of the property referenced above, 2757 Plaza Way, you are hereby notified that the City of St. Charles Board of Adjustment has received variance requests from Mark Aschen with Master Signs. 4 requests: 1.) a request to increase the permitted freestanding identification sign area from twenty-four (24) square feet to fifty-seven (57) square feet as regulated in Section 400.1560(A)(1) of the City of St. Charles Code of Ordinances, 2.) a request to increase the maximum freestanding identification sign height from six (6) feet to eight (8) feet as regulated in Section 400.1560(A)(1) of the City of St. Charles Code of Ordinances, 3.) a request to increase the number of items of information displayed on a freestanding sign from eight (8) items to twenty (20) items as regulated in Section 400.1560(A)(5) of the City of St. Charles Code of Ordinances, and 4.) a request to decrease the minimum tenant panel size from 8 square feet to 1.7 square feet as regulated in Section 400.1720(A)(4)(b) of the City of St. Charles Code of Ordinances. The property is zoned C-2 General Business District (Ward 6). The Board of Adjustment will hold a public hearing on this application at 6:00 p.m. on Monday, January 4th, 2021 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 HAWKS NEST INC HAWKS NEST DR 500 N BROADWAY STE 1200 ST LOUIS MO 63102-2124 GREATER MISSOURI BUILDERS INC 2757 PLAZA WAY 1551 WALL ST STE 220 ST CHARLES MO 63303 DANIELS OKHI P PLAZA WAY 342 MEADOW GROVE CT ST PETERS MO 63304 RALLO JANE A HAWKS NEST DR 1550 WALL ST STE 212 ST CHARLES MO 63303 LINDENWOOD UNIVERSITY HAWKS NEST DR 209 N KINGSHIGHWAY ST ST CHARLES MO 63301 LINDENWOOD UNIVERSITY HAWKS NEST DR 209 N KINGSHIGHWAY ST ST CHARLES MO 63301 ELEMENT CHURCH INC 1450 WALL ST 100 MALL PKWY STE 500 WENTZVILLE MO 63385 MITCHELL LEO V REVOC TRUST 2845 VETERANS MEMORIAL PKWY 31 HILLVALE DR ST LOUIS MO 63105 MMC SCC OMT HOLDINGS LLC 1551 WALL ST 155 SCHMITT BLVD FARMINGDALE NY 11735 ROTH REGENCY FUND LLC WALL ST 1551 WALL ST STE 220 ST CHARLES MO 63303 CUNE REALTIES LLC 2795 VETERANS MEMORIAL PKWY 8 AMERSHAM CT GLEN CARBON IL 62034 LINDENWOOD UNIVERSITY PLAZA WAY 209 N KINGSHIGHWAY ST ST CHARLES MO 63301