Board of Adjustment

BOARD OF ADJUSTMENT AGENDA January 3rd, 2022 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 3rd, 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-2021-13. Address: 1004 Apricot Drive (Steve Wegener). A request to decrease the minimum setback from the main building from ten (10) feet to six (6) feet for an accessory building as regulated in §400.530(A)(4) of the St. Charles Code of Ordinances. The property is zoned R-1E Single- Family Residential District (Ward 1). Adjournment The next meeting of the Board of Adjustment is scheduled for Monday, February 7th, 2022 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, Board of Adjustment Agenda 1 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 12/29/2021 @ 3:00pm 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, January 3rd, 2022, 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-2021-13. Address: 1004 Apricot Drive (Steve Wegener). A request to decrease the minimum setback from the main building from ten (10) feet to six (6) feet for an accessory building as regulated in §400.530(A)(4) of the 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 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2021-13 1004 APRICOT DRIVE JANUARY 3RD, 2022 BY LARA BERRY GENERAL INFORMATION Applicant/ Property Owner: Steve Wegener 1004 Apricot Drive St. Charles, MO 63301 Location: 1004 Apricot Drive Ward 1 Request: Request to decrease the minimum setback from the main building from ten (10) feet to six (6) feet for an accessory building as regulated in §400.530(A)(4) of the St. Charles Code of Ordinances. Zoning: R-1E Single Family Residential District Adjacent Zoning & Land Use: Direction Zoning Land Use North, South, East &West R-1E Single-family dwellings ANALYSIS The subject property is a single-family residential lot of just less than a quarter of an acre (0.220 acres). The Zoning Code defines an Accessory Building as a freestanding, separate building which is devoted to an accessory use and shall include, but are not limited to greenhouses, tool sheds, swimming pool cabanas, gazebos, unattached carports and unattached garages; staff interprets a detached covered patio structure to be included in this description. The minimum setback from the main building (the home) to an accessory structure is ten (10) feet. Therefore, the applicant has submitted a request for a variance to decrease the minimum setback from the main building from ten (10) feet to six (6) feet for an accessory building (Figure 1, on page 4) in order to maximize the use and improve the quality of the outdoor living space in the rear yard with a detached covered patio structure. Applicable Regulations: The applicant is requesting a variance from the City’s Zoning ordinance, as follows:  §400.530(A)(4) Residential Accessory buildings, where permitted, shall be subject to the following regulations. Minimum setback from the main building: 10 feet. Case No. BOA-2021-13 Page 2 1004 Apricot Drive 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 setback from 10 feet to 6 feet can be considered substantial since it decreases by 40%. (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 by the applicant, however Staff notes that accessory buildings could pose a fire risk to other structures if not fire rated or compliant with building code requirements. Further discussion on this will follow in the Justice section. (3) Effect on neighbors or neighborhood. The effect of the requested variance on adjoining properties or on the character of the neighborhood generally. Staff has not received any responses in opposition of this variance. Per the building permit application site plan (Figure 2, page 5), the structure meets all other setback requirements regarding adjacent properties. Therefore, approval of the variance should have no negative impact on adjacent properties. Case No. BOA-2021-13 Page 3 1004 Apricot Drive (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 does not indicate any alternatives to this request, however Staff believes there is at least one option; relocating the structure to be compliant with the setback requirements. (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 the topography of the lot presents a challenge to utilize and build the structure further away from the main building. There is an approximately three feet slope from the edge of the patio (Figure 3, page 5) that would not allow for a flat surface. However, this could be resolved with grading or extending the patio pad and installing a retaining wall to accommodate a relocation. Staff believes the spirit and intent of this setback requirement is two-fold: 1) Building Code requirements and 2) a zoning design standpoint. The Building Code requires a minimum separation between permanent structures on a property from; accessory buildings that could potentially be a fire hazard to the main structure. Traditionally, garages or sheds contain flammable materials (chemicals, gasoline, etc.) and there are building code requirements in place to maintain a minimum separation. This structure is not enclosed and will likely not be a storage space for these items. Additionally, the structure would have to meet building/fire code requirements. From a zoning design or aesthetics perspective, Staff believes the intent of this setback is prevent overcrowding of buildings and maintain an attractive appearance of residential lots. Because the structure is subject to building code requirements which requires fire rating and it is not intruding to any of the setbacks which would affect neighbors, and the only encumbrance is to that of the applicant (their accessory structure to their primary structure). While the backyard does allow for ample room to place in compliance, as long as the structure is compliant with building code/fire rating, Planning Staff is indifferent to its location being within ten (10) feet of their own residence. STAFF RECOMMENDATION After review of the request and all pertinent information, the Department of Community Development recommends that the request to decrease the minimum setback from the main building, specific to this accessory structure, in a residential district be APPROVED. Case No. BOA-2021-13 Page 4 1004 Apricot Drive Figure 1: Aerial of subject property w/approximate location of proposed structure. Case No. BOA-2021-13 Page 5 1004 Apricot Drive Figure 2: Site plan for proposed construction. Figure 3: Topography profile.  December 17th, 2021 ROACH B JOYCE TRUST 211 RIO VISTA DR ST CHARLES MO 63303-4110 Re: Board of Adjustment Case No. 2021-13 1004 Apricot Drive Dear Property Owner: As the owner of property adjacent to or within 300 feet of the property referenced above, 1004 Apricot 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 Steve Wegener. A request to decrease the minimum setback from the main building from ten (10) feet to six (6) feet for an accessory building as regulated in §400.530(A)(4) of the 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, January 3rd, 2022 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 THOMPSON JAMES M*THOMPSON JULIE A REVOC LIV TRUST 1637 TAMARACK DR 1637 TAMARACK DR ST CHARLES MO 63301-0160 SCHOLLMEYER CLEMENS H JR* SCHOLLMEYER LAURA G 1641 TAMARACK DR 1641 TAMARACK DR ST CHARLES MO 63301-0160 NIXON CHARLES F*NIXON LAVERNE S JOINT REVOC TRUST 1645 TAMARACK DR 1645 TAMARACK DR ST CHARLES MO 63301-0160 OHLMS THERESA 1649 TAMARACK DR 1649 TAMARACK DR ST CHARLES MO 63301-0160 MOORE JIM R*MOORE CAROLYN M LIVING TRUST 924 CLARENCE DR 924 CLARENCE DR ST CHARLES MO 63301-0147 ERWIN ROBERT N*ERWIN LAUREN N 1024 APRICOT DR 1024 APRICOT DR ST CHARLES MO63301 PETERS JOE R*PETERS CYNTHIA D 1020 APRICOT DR 1020 APRICOT DR ST CHARLES MO63301 SANCHEZ NATHANIE 1016 APRICOT DR 1016 APRICOT DR ST CHARLES MO63301 HILLERMAN JOHN P 1012 APRICOT DR 1012 APRICOT DR ST CHARLES MO 63301-3206 KOSTOS KEITH R 1008 APRICOT DR 1008 APRICOT DR ST CHARLES MO63301 WEGENER STEVEN A*WEGENER PATRICIA A 1004 APRICOT DR 1004 APRICOT DR ST CHARLES MO63301 ALBISSER HEINZ*ALBISSER SHERRY A 1000 APRICOT DR 1000 APRICOT DR ST CHARLES MO63301 HUEBBE CAROLYN M 3400 APPLE DR 3400 APPLE DR ST CHARLES MO63301 NEUMILLER MARGARET M 936 APRICOT DR 936 APRICOT DR ST CHARLES MO 63301-3204 JOHNSON THOMAS R*MINTER JESSICA 932 APRICOT DR 932 APRICOT DR ST CHARLES MO 63301-3204 LEITH JOEL E 933 APRICOT DR 933 APRICOT LN ST CHARLES MO63301 BIERMANN KENNETH D*BIERMANN JULIE E 3308 APPLE DR 3308 APPLE DR ST CHARLES MO 63301-3209 DIERKER JILL L 3304 APPLE DR 3304 APPLE DR ST CHARLES MO63301 KEUBLER RONALD E*KEUBLER MARY 3305 APPLE DR 3305 APPLE DR ST CHARLES MO63301 LYON GERALD CHARLES*LYON MARY CATHERINE 3309 APPLE DR 3309 APPLE DR ST CHARLES MO63301 STEPHENS CHRISTINA J*STEPHENS STACY L 1005 APRICOT DR 1005 APRICOT DR ST CHARLES MO 63301-3207 MIFFLIN WENDELL G*MIFFLIN MICHELLE A 1009 APRICOT DR 1009 APRICOT DR ST CHARLES MO63301 PABARCUS DANIEL RYAN*SHEWMAKE LINDSAY 1013 APRICOT DR 1013 APRICOT DR ST CHARLES MO 63301-3207 HUGHES GENIECE M 1017 APRICOT DR 1017 APRICOT DR ST CHARLES MO63301 LEWIS BRETT M*LEWIS ELIZABETH R 3397 COTTONWOOD DR 3397 COTTONWOOD DR ST CHARLES MO 63301-0162 MARTIN CHRISTOPHER E*MARTIN JOETTA 3389 COTTONWOOD DR 3389 COTTONWOOD DR ST CHARLES MO 63301-0162 BURGETT KAREN A 3385 COTTONWOOD DR 3385 COTTONWOOD DR ST CHARLES MO 63301-0162 LEIBLE WILLIAM E*LEIBLE LINDA 3404 APPLE DR 3404 APPLE DR ST CHARLES MO 63301-3200 MACHENS DONALD E*MACHENS JANIE L 3409 APPLE DR 3409 APPLE DR ST CHARLES MO63301 STOTSER ELIZABETH 3408 APPLE DR 3408 APPLE DR ST CHARLES MO 63301-3211 STABLE RIDGE ASSOCIATES COTTONWOOD DR 3 HOLLENBERG CT BRIDGETON MO63044 ECHELE KEITH A 3377 COTTONWOOD DR 3377 COTTONWOOD DR ST CHARLES MO 63301-0162 WEHMEIER MICHAEL R*WEHMEIER LINDA M 3392 COTTONWOOD DR 3392 COTTONWOOD DR ST CHARLES MO63301 RIEGERIX STEVE*RIEGERIX SUSAN 3388 COTTONWOOD DR 3388 COTTONWOOD DR ST CHARLES MO63301 CORRIVEAU GERALD O*CORRIVEAU DIANE B 3384 COTTONWOOD DR PO BOX 1320 ST CHARLES MO 63302-1320 CORRIVEAU GERALD O*CORRIVEAU DIANE B 3380 COTTONWOOD DR PO BOX 1320 ST CHARLES MO 63302-1320 FAVIGNANO DAVE JR*FAVIGNANO TAMMY 3378 COTTONWOOD DR 3378 COTTONWOOD DR ST CHARLES MO63301