Board of Adjustment

BOARD OF ADJUSTMENT AGENDA September 13th, 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, September 13th, 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 The Pledge of Allegiance 1. Case No. BOA-2021-06. Address: 1849 Basket Oak Drive (Rob Rothweiler). A request to decrease the minimum side yard setback for a generator in a residential district from seven (7) feet to five (5) feet, six (6) inches as regulated in Section 400.620(D)(1) of the City of St. Charles Code of Ordinances. The property is zoned R-1E Single Family Residential District (Ward 3). 2. Administrative Item. Approval of the 2022 Meeting Dates and Deadlines. Adjournment The next meeting of the Board of Adjustment is scheduled for Monday, October 4th, 2021 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 09/09/2021 @ 12:00pm by CT 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, September 13th, 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-2021-06. Address: 1849 Basket Oak Drive (Rob Rothweiler). A request to decrease the minimum side yard setback for a generator in a residential district from seven (7) feet to five (5) feet, six (6) inches as regulated in Section 400.620(D)(1) of the City of St. Charles Code of Ordinances. The property is zoned R-1E Single Family Residential District (Ward 3). 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-2021-06 1849 BASKET OAK DRIVE SEPTEMBER 13TH, 2021 BY LARA BERRY GENERAL INFORMATION Applicant: Rob Rothweiler 3049 Rockwood Trail St. Charles, MO 63303 Owner: Marvin and Mary Sherman 1849 Basket Oak Drive St. Charles, MO 63303 Location: 1849 Basket Oak Drive Ward 3 Request: Request to decrease the minimum side yard setback for a generator in a residential district from seven (7) feet to five (5) feet, six (6) inches as regulated in Section 400.620(D)(1) 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, South, East and West R-1E Single-family dwellings ANALYSIS The subject property is a single-family residential lot located in the Hidden Oaks subdivision on an approximately 7,000 square feet lot. The subdivision is zoned R-1E which has a minimum seven (7) feet side yard setback requirement. The applicant applied for a building permit in April for an emergency generator and was informed, based on the site plan, the proposed placement would not meet the required setback. Since that time, the applicant has submitted a request for a variance to decrease the side yard setback from seven (7) to five (5) feet, six (6) inches. Applicable Regulations: The applicant is requesting a variance from the City’s Zoning ordinance, as follows:  §400.620(D)(1) In all residential zoning districts, permanent generators shall not be located in front of the principal structure or within any required side yard or rear yard setback. Case No. BOA-2021-04 Page 2 723 S Main 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. Staff would not consider the variance request substantial since it is less than a quarter (22%) of the side yard setback. (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. Approval of the variance for the side yard setback should not have an effect on government facilities since the generator will be placed outside of any easements. (3) Effect on neighbors or neighborhood. The effect of the requested variance on adjoining properties or on the character of the neighborhood generally. The proposed variance should have a limited visual impact on the neighborhood since it will be screened by landscaping and has limited visibility from the public street. There is potential for noise level concerns from adjacent properties. The proposed unit (with a cover designed and manufactured to muffle the sound) has a sound output level of 67 dB(A) at 23 feet with the generator operating at normal load. There is approximately 16 feet between the two adjacent structures, with the garage of the neighboring structure located on the side of the proposed location. Measurements in dB(A) are decibel scale readings that take into account the sensitivity of the human ear to different frequencies of sound, giving less weight to low Case No. BOA-2021-04 Page 3 723 S Main Street or very high frequencies than on a standard decibel scale. In residential zoning districts, any noise level in excess of 55 dB(A) constitutes a violation of the Noise Control section (Section 230.050) of the Municipal Code of Ordinances. Some average noise levels include: a normal conversation is about 60 dB, a vacuum cleaner is about 75dB, and a lawn mower is about 90 dB. Regardless of the approval of this variance, if a generator is installed on this property, compliance with City noise standards shall be required. (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 notes that alternatives to this variance are very limited; locating the generator on the other side of the house will have the same side setback issues along with similar setback requirements from the rear lot line and an obstruction from a large tree in the rear yard. Staff requested an additional statement from the applicant regarding the rear yard setback obstacles, however at the time of this report, a statement had not been submitted. The minimum rear yard setback for the R-1E zoning district is 25 feet. According to City records (#17994, the new home construction building permit), the rear yard setback far exceeds the minimum requirement by over 10 feet (see Figure 1). These measurements should allow for sufficient placement in the rear yard to meet the Zoning Code. (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 notes that by placing the generator in the proposed location (at the side of the house) it will be closer to the utility connections, making it the most logical location. Staff also reviewed the placement with the Building Division Staff to determine placement requirements per building code. The mechanical unit may not be placed within four (4) feet of an openable window or door, for exhaust venting purpose (see Figure 2). Staff notes an openable basement window near the proposed location of the generator (see Site Photos 1-6). The variance request appears to stem from a connection convenience rather than a setback restriction. Therefore, staff believes the approval of this variance should not be considered a just act. STAFF RECOMMENDATION After review of the request and all pertinent information, the Department of Community Development recommends that the request to decrease the minimum side yard setback for a generator in a residential district be DENIED. Case No. BOA-2021-04 Page 4 723 S Main Street Figure 1: Site Plan for Building Permit #17994 Case No. BOA-2021-04 Page 5 723 S Main Street Figure 2: Mechanical Venting System Example Case No. BOA-2021-04 Page 6 723 S Main Street Figure 3: Aerial of Subject Property Case No. BOA-2021-04 Page 7 723 S Main Street Site Photo 1: Front view from Basket Oak Drive Site Photo 2: Proposed area of generator placement Case No. BOA-2021-04 Page 8 723 S Main Street Site Photo 3: South side of house, garage wall Site Photo 4: South side of house, rear Case No. BOA-2021-04 Page 9 723 S Main Street Site Photo 5: West side of house, rear yard. Site Photo 6: West side of house, rear yard. BOA-2021-06  August 27th, 2021 ROACH B JOYCE TRUST 211 RIO VISTA DR ST CHARLES MO 63303-4110 Re: Board of Adjustment Case No. 2021-06 1849 Basket Oak Drive Dear Property Owner: As the owner of property adjacent to or within 300 feet of the property referenced above, 1849 Basket Oak Drive and also identified by the map on the reverse side of this letter, you are hereby notified that the City of St. Charles Board of Adjustment has received a variance request from Rob Rothweiler. A request to decrease the minimum side yard setback for a generator in a residential district from seven (7) feet to five (5) feet, six (6) inches as regulated in Section 400.620(D)(1) of the City of St. Charles Code of Ordinances. The property is zoned R-1E Single Family Residential District (Ward 3). The Board of Adjustment will hold a public hearing on this application at 6:00 p.m. on Monday, September 13th, 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 variances, 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. Lara Berry Planner Department of Community Development Owner SiteAddres MailingAdd citystate zip ROACH B JOYCE TRUST 207 RIO VISTA DR 211 RIO VISTA DR ST CHARLES MO 63303-4110 ROACH EDWARD A REVOCABLE LIVING TRUST 211 RIO VISTA DR 211 RIO VISTA DR ST CHARLES MO 63303-4110 FELDMANN JAMES F*FELDMANN CHERYL 215 RIO VISTA DR 215 RIO VISTA DR ST CHARLES MO 63303-4110 EGAN ROBERT J*EGAN VICKY A 303 RIO VISTA DR 303 RIO VISTA DR ST CHARLES MO 63303-4112 HOFFMAN MITCH*HOFFMAN AMY 307 RIO VISTA DR 2310 ASHLEY PLACE DR ST CHARLES MO63303 RIGSBY JAMES L*RIGSBY BARBARA S 1830 BASKET OAK DR 1623 DEERGRASS DR ST CHARLES MO63303 MURPHY RYAN*MURPHY ANGELA 1834 BASKET OAK DR 1834 BASKET OAK DR ST CHARLES MO63303 LUTHANS GARRETT*LUTHANS LAUREN 1838 BASKET OAK DR 1838 BASKET OAK DR ST CHARLES MO 63303-4170 HEIDENREICH HARRY H JR 1842 BASKET OAK DR 1842 BASKET OAK DR ST CHARLES MO 63303-4170 SCHNETTLER DAVID B*SCHNETTLER SAUNDRA A 1846 BASKET OAK DR 1846 BASKET OAK DR ST CHARLES MO63303 WINDISCH FAMILY TRUST 1850 BASKET OAK DR 1850 BASKET OAK DR ST CHARLES MO63303 WIEDERKEHR DANIEL P*WIEDERKEHR JENNIFER K 1854 BASKET OAK DR 1854 BASKET OAK DR ST CHARLES MO 63303-4170 MEDICONI CHRISTOPHER*MEDICONI SHEENA NICOLE 1858 BASKET OAK DR 1858 BASKET OAK DR ST CHARLES MO63303 FAULKNER WILLIAM L*FAULKNER SHARON L 1862 BASKET OAK DR 1862 BASKET OAK DR ST CHARLES MO 63303-4170 SCHWAB NOLAN M 1866 BASKET OAK DR 1866 BASKET OAK DR ST CHARLES MO 63303-4170 SUDBROCK NEAL E*SUDBROCK KIMBERLY A 1870 BASKET OAK DR 1870 BASKET OAK DR ST CHARLES MO 63303-4170 SCHNEIDER FAM REVOC TRUST 992 CHESTNUT OAK DR 992 CHESTNUT OAK DR ST CHARLES MO63303 FOX MICHAEL T*FOX LISA A 10 CORK OAK CT 10 CORK OAK CT ST CHARLES MO63303 NATHO TIMOTHY S*NATHO KATHLEEN 8 CORK OAK CT 8 CORK OAK CT ST CHARLES MO 63303-4195 KING RONALD*KING DEBRA 6 CORK OAK CT 6 CORK OAK CT ST CHARLES MO 63303-4195 CHESTER PAMELA J 1871 BASKET OAK DR 1871 BASKET OAK DR ST CHARLES MO 63303-4175 ROBINSON CRAIG L*ROBINSON MARY K 1861 BASKET OAK DR 1861 BASKET OAK DR ST CHARLES MO 63303-4173 GLANZNER KEITH W*GLANZNER MARY E 1857 BASKET OAK DR 1857 BASKET OAK DR ST CHARLES MO63303 LEACH RICHARD*TIGGES KAYLIN 1853 BASKET OAK DR 1853 BASKET OAK DR ST CHARLES MO63303 SHERMAN MARVIN J*SHERMAN MARY C 1849 BASKET OAK DR 1849 BASKET OAK DR ST CHARLES MO63303 BACKER GARY L*BACKER DONNA 1845 BASKET OAK DR 1845 BASKET OAK DR ST CHARLES MO63303 MEEKER CHARLES 1841 BASKET OAK DR 1841 BASKET OAK DR ST CHARLES MO63303 MOSS WAYNE*MOSS KATHLEEN 1837 BASKET OAK DR 1837 BASKET OAK DR ST CHARLES MO 63303-4173 RENAUD CLIFFORD J*RENAUD SHERI A 1833 BASKET OAK DR 1833 BASKET OAK DR ST CHARLES MO63303 BERCK RICHARD F JR*COWEE KATIE A 1829 BASKET OAK DR 1829 BASKET OAK DR ST CHARLES MO 63303-4173 HARMON SONJA K 1836 WILLOW OAK DR 1836 WILLOW OAK DR ST CHARLES MO63303 HULL TONYA L 1840 WILLOW OAK DR 1840 WILLOW OAK DR ST CHARLES MO 63303-4161 POLICH JAMES D*POLICH DINA M 1844 WILLOW OAK DR 1844 WILLOW OAK DR ST CHARLES MO 63303-4161 GRAY ANTONIO M*GRAY LISA G 1848 WILLOW OAK DR 1848 WILLOW OAK DR ST CHARLES MO63303 ORESICK GALEN A 1852 WILLOW OAK DR 1852 WILLOW OAK DR ST CHARLES MO 63303-4161 MITCHELL ZENA Y 1856 WILLOW OAK DR 1856 WILLOW OAK DR ST CHARLES MO63303 HALBERT DENNIS J*HALBERT MARY ANN 1860 WILLOW OAK DR 1860 WILLOW OAK DR ST CHARLES MO63303 KOHLMAN LORNA N 1864 WILLOW OAK DR 1864 WILLOW OAK DR ST CHARLES MO63303 BATTISTE WILLIAM*BATTISTE PAULINE 1868 WILLOW OAK DR 1868 WILLOW OAK DR ST CHARLES MO 63303-4161 REGAN SAMUEL D 1872 WILLOW OAK DR 1872 WILLOW OAK DR ST CHARLES MO63303 OGOLINI FAM LIV TRUST 904 BURN OAK DR 904 BURN OAK DR ST CHARLES MO 63303-4185 BATHE BRUCE A REVOCABLE TRUST*BATHE SUSAN L 1867 WILLOW OAK DR 1867 WILLOW OAK DR ST CHARLES MO63303 SCHOMAKER STEPHEN J 1863 WILLOW OAK DR 1863 WILLOW OAK DR ST CHARLES MO63303 WREN JOANN 1859 WILLOW OAK DR 1859 WILLOW OAK DR ST CHARLES MO 63303-4166 CONNAWAY JEFFREY J*CONNAWAY AMY E 1855 WILLOW OAK DR 1855 WILLOW OAK DR ST CHARLES MO 63303-4166 BAI HEBI 1851 WILLOW OAK DR 1851 WILLOW OAK DR ST CHARLES MO63303 FRANKE AMBER NICOLE*FRANKE MATTHEW HUNTER 1847 WILLOW OAK DR 1847 WILLOW OAK DR ST CHARLES MO 63303-4166 BIGGERS BRADLEY B*BIGGERS BARBARA L 1843 WILLOW OAK DR 1843 WILLOW OAK DR ST CHARLES MO 63303-4166 KRUEGER JEREMY R 1839 WILLOW OAK DR 1839 WILLOW OAK DR ST CHARLES MO 63303-4166  BOARD OF ADJUSTMENT 2022 MEETING DATES AND DEADLINES MEETING DATE APPLICATION DEADLINE JANUARY 3, 2022 DECEMBER 6, 2021 FEBRUARY 7, 2022 JANUARY 10, 2022 MARCH 7, 2022 FEBRUARY 7, 2022 APRIL 11, 2022 MARCH 14, 2022 MAY 9, 2022 APRIL 11, 2022 JUNE 13, 2022 MAY 16, 2022 JULY 11, 2022 JUNE 13, 2022 AUGUST 8, 2022 JULY 11, 2022 SEPTEMBER 12, 2022 AUGUST 15, 2022 OCTOBER 3, 2022 SEPTEMBER 2, 2022 NOVEMBER 7, 2022 OCTOBER 7, 2022 DECEMBER 5, 2022 NOVEMBER 7, 2022 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.