Board of Adjustment

BOARD OF ADJUSTMENT AGENDA March 7th, 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, March 7th, 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-2022-02. Address: 2337 Muegge Road (Eugene Anderson). A request to increase the size of an accessory structure (greater than the base area of the principal building) from approximately 1,100 square feet to approximately 2,400 square feet as regulated in §400.530(A)(7) of the St. Charles Code of Ordinances. The property is zoned R-1C Single-Family Residential District (Ward 6) 2. Administrative Item. Election of Chair, Vice-Chair, and Secretary for 2022. Adjournment The next meeting of the Board of Adjustment is scheduled for Monday, April 11th, 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 Board of Adjustment Agenda 1 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 3/3/2022 at 11:00am 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, March 7th, 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-2022-02. Address: 2337 Muegge Road (Eugene Anderson). A request to increase the size of an accessory structure (greater than the base area of the principal building) from approximately 1,100 square feet to approximately 2,400 square feet as regulated in §400.530(A)(7) of the St. Charles Code of Ordinances. The property is zoned R-1C Single-Family Residential 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 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2022-02 2337 MUEGGE ROAD MARCH 7TH, 2022 BY LARA BERRY GENERAL INFORMATION Applicant/ Property Owner: Eugene Anderson Anderson Living Trust 2337 Muegge Road St. Charles, MO 63303 Location: 2337 Muegge Road Ward 6 Request: Request to increase the size of an accessory structure (greater than the base area of the principal building) from approximately 1,100 square feet to approximately 2,400 square feet as regulated in §400.530(A)(7) of the St. Charles Code of Ordinances. Zoning: R-1C Single Family Residential District Adjacent Zoning & Land Use: Direction Zoning Land Use North R-1E & R-1C Single-family dwellings South R-1E & Unincorporated Single-family dwellings County West Unincorporated County Single-family dwellings East R-1E & Unincorporated Single-family dwellings County ANALYSIS The subject property is a single-family residential lot of approximately 3.76 acres. The Zoning Code provides specific design standard criteria for residential accessory buildings, such as the maximum size. The maximum size of an accessory structure shall not be equal to or greater than the base area of the principal building. The applicant is proposing to remove two existing accessory structures and replace with a 2,400 square feet accessory building. In this case, the size of the principal building (the existing single-family dwelling) is approximately 1,100 square feet; making the accessory structure more than double the size of the principal building. Case No. BOA-2022-02 Page 2 2337 Muegge Road Applicable Regulations: The applicant is requesting a variance from the City’s Zoning ordinance, as follows: §400.530(A)(7) Residential Accessory buildings, where permitted, shall be subject to the following regulations. Maximum size shall not be equal to or greater than the base area of the principal building. 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 increase the size of the accessory structure is considered a substantial request since it increases the allowable maximum size by approximately 118%. (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 has not received any responses in opposition of this variance. Per the proposed site plan (Exhibit A) submitted with the application, the accessory building will meet and exceed all setback requirements. Additionally, the proposed variance should have a limited Case No. BOA-2022-02 Page 3 2337 Muegge Road visibility from the public street, if any at all, since it will be approximately 180 feet from the public right-of-way. Therefore, approval of the variance should have no negative impact on adjacent properties. Since the subject property is approximately 3.76 acres there is ample space for a proposed structure this size. For reference, the minimum lot area of a typical R-1C property is 12,500 square feet. This lot is roughly 13 times the size of a minimum R-1C lot. (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 indicate two possible alternatives: 1) A 530 square feet addition to an existing accessory building; or 2) Building a new structure to be compliant with the Zoning Code of 1,100 square feet. (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 they would like to remain living in the single-family dwelling with the opportunity to remove the existing structures to build a larger accessory building for proposed projects and hobbies. As referenced above, this property is unique in that the lot area is tremendously larger than a typical R-1C lot, providing sufficient room for a structure of this size with the existing single-family dwelling, all while safeguarding plenty of open area. Additionally, the structure would have to meet setback and building/fire code requirements. From a zoning design perspective, Staff believes the intent of the size requirement is to prevent overcrowding of buildings and maintain an attractive appearance of residential lots. While the lot allows for ample room to exceed the requirement, as long as the structure is compliant with building code/fire rating and setbacks, Planning Staff is indifferent to size of the proposed structure. STAFF RECOMMENDATION After review of the request and all pertinent information, the Department of Community Development recommends that the request to increase the size of an accessory structure (greater than the base area of the principal building) from approximately 1,100 square feet to approximately 2,400 square feet, in a residential district be APPROVED. Case No. BOA-2022-02 Page 4 2337 Muegge Road Figure 1: Aerial of subject property w/existing structures. Figure 2: Screenshot of proposed structure on submitted site plan. EXHIBIT A  February 18, 2022 ASHER PAUL J 11 W CHESHIRE DR ST CHARLES MO 63303 Re: Board of Adjustment Case No. 2022-02 2337 Muegge Road Dear Property Owner: As the owner of property adjacent to or within 300 feet of the property referenced above, 2337 Muegge Road 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 Eugene Anderson. A request to increase the size of an accessory structure (greater than the base area of the principal building) from approximately 1,100 square feet to approximately 2,400 square feet as regulated in §400.530(A)(7) of the St. Charles Code of Ordinances. The property is zoned R-1C Single-Family Residential District (Ward 6). The Board of Adjustment will hold a public hearing on this application at 6:00 p.m. on Monday, March 7th, 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 ASHER PAUL J 11 W CHESHIRE DR 11 W CHESHIRE DR ST CHARLES MO63303 THOMPSON RICHARD L*THOMPSON DEBRA E 12 E CHESHIRE DR 12 E CHESHIRE DR ST CHARLES MO63303 STEELE JASON R*STEELE LAUREN M G 13 E CHESHIRE DR 13 E CHESHIRE DR ST CHARLES MO63303 KILCHER STANLEY M*KILCHER ANNA 14 E CHESHIRE DR 14 E CHESHIRE DR ST CHARLES MO63303 CERNICH JO ANN*CERNICH THEODORE J 15 E CHESHIRE DR 15 E CHESHIRE DR ST CHARLES MO63303 THELEN MICHAEL J*THELEN LISA J 16 E CHESHIRE DR 16 E CHESHIRE DR ST CHARLES MO63303 BORDERS JESSE D*BORDERS MILDRED K FAM TRUST 17 E CHESHIRE DR 501 HIDDEN LAKE DR ST CHARLES MO63304 RUSSELL RONALD X*RUSSELL JUNE K 18 E CHESHIRE DR 18 E CHESHIRE DR ST CHARLES MO63303 MEYERS ANGELA M*MEYERS KEVIN W II 19 E CHESHIRE DR 19 E CHESHIRE DR ST CHARLES MO63303 MOSS DARWIN G*MOSS VIVIAN L 20 E CHESHIRE DR 20 E CHESHIRE DR ST CHARLES MO63303 PARSONS MATTHEW C*PARSONS AMY M 2355 MUEGGE RD 2355 MUEGGE RD ST CHARLES MO 63303-3151 HAMMONDS PHILLIP*HARRIS LATOSHA 2401 MUEGGE RD 2401 MUEGGE RD ST CHARLES MO 63303-3149 2405-2407 MUEGGE LLD 2405 MUEGGE RD 1668 DUVALL CT OFALLON MO 63368 FREEMAN TERRY L TRUST 34 AYRSHIRE RD 34 AYRSHIRE RD ST CHARLES MO 63303-3129 MCKINZIE WILLIAM T 35 AYRSHIRE RD 35 AYRSHIRE RD ST CHARLES MO 63303-3129 KOZEMCZAK JOHN W II*KOZEMCZAK CAROLYN S 36 AYRSHIRE RD 36 AYRSHIRE RD ST CHARLES MO63303 COOK GARY M RES TRUST 37 AYRSHIRE RD 37 AYRSHIRE RD ST CHARLES MO63303 WEITZEL DAVID A*WEITZEL MONICA D 41 E CHESHIRE DR 41 E CHESHIRE DR ST CHARLES MO63303 RUSSELL MIKE T 42 E CHESHIRE DR 42 E CHESHIRE DR ST CHARLES MO63303 FAITH LANDMARK MISSIONARY BAPTIST CHURCH 2310 MUEGGE RD 2310 MUEGGE RD ST CHARLES MO 63303-3152 DAVIS KYLE W HERITAGE TRUST 2332 MUEGGE RD 301 GULLANE DR ST CHARLES MO63301 ANDERSON LIVING TRUST 2337 MUEGGE RD 2337 MUEGGE RD ST CHARLES MO 63303-3151 PERRY MICHAEL L*PERRY LINDA M TRUST 2302 MUEGGE RD 2302 MUEGGE RD ST CHARLES MO63303 MOONEY DANIEL M*MOONEY CAROYLN M 2400 MUEGGE RD 2400 MUEGGE RD ST CHARLES MO 63303-3278 VOSS GREGORY C 17 BALSAM CT 17 BALSAM CT ST PETERS MO 63376-6826 BURGHARDT KEITH 15 BALSAM CT 15 BALSAM CT ST PETERS MO 63376-6826 RUMY ARPAD 13 BALSAM CT 13 BALSAM CT ST PETERS MO 63376 SHETTERLY JOHN J*SHETTERLY JANET C 525 TIMBERIDGE DR 525 TIMBERIDGE DR ST PETERS MO 63376-6858 WHEADON VERONICA M*WHEADON JOHN M 529 TIMBERIDGE DR 529 TIMBERIDGE DR ST PETERS MO 63376-6858 USRY TIMOTHY L*USRY JULIE E 533 TIMBERIDGE DR 533 TIMBERIDGE DR ST PETERS MO 63376 BERGFELD ROBERTA L REVOC LIV TRUST 9 IDLEWOOD CT 9 IDLEWOOD CT ST PETERS MO 63376-6830 SLATER DONALD TRUST 7 IDLEWOOD CT 7 IDLEWOOD CT ST PETERS MO 63376-6830 GLOSIER EUGENE J JR*GLOSIER SALLY E 5 IDLEWOOD CT 5 IDLEWOOD CT ST PETERS MO 63376-6830 WALKER WALTER III*WALKER MICHELLE L 3 IDLEWOOD CT 3 IDLEWOOD CT ST PETERS MO 63376-6830 BROOKS MICHAEL*BROOKS LOIS RENEE 541 TIMBERIDGE DR 541 TIMBERIDGE DR ST PETERS MO 63376-6859 MORROW NINA R 545 TIMBERIDGE DR 545 TIMBERIDGE DR ST PETERS MO 63376 HUME ANDREW W*HUME VALERIE A 549 TIMBERIDGE DR 549 TIMBERIDGE DR ST PETERS MO 63376-6859 GAGNOR FREDDIE E*GAGNOR KAREN A 553 TIMBERIDGE DR 553 TIMBERIDGE DR ST PETERS MO 63376 HANDLEY STEVEN J*HANDLEY CAROL A 557 TIMBERIDGE DR 557 TIMBERIDGE DR ST PETERS MO 63376 SHAGBARK HOMEOWNERS ASSOCIATION DELACROIX PL 4 DELACROIX PL ST CHARLES MO63303 HYMES FAM TRUST 6 SPRING GARDENS CT 6 SPRING GARDENS CT ST CHARLES MO63303 KENNEDY REBECCA S REVOCABLE LIVING TRUST 4 SPRING GARDENS CT 4 SPRING GARDENS CT ST CHARLES MO63303 GABBERT KEITH*GABBERT JEANNETTA 2 SPRING GARDENS CT 2 SPRING GARDENS CT ST CHARLES MO63303 SPRING GARDENS HOMEOWNERS ASSOCIATION SPRING GARDENS CT PO BOX 185 WENTZVILLE MO 63385 SPRING GARDENS HOMEOWNERS ASSOCIATION SPRING GARDENS CT PO BOX 185 WENTZVILLE MO 63385 SPRING GARDENS PUD HOMEOWNERS ASSOCIATION SPRING GARDENS CT PO BOX 185 WENTZVILLE MO 63385 ANDERSON LIVING TRUST MUEGGE RD 2337 MUEGGE RD ST CHARLES MO 63303-3151 WALKER MICHELLE L*WALKER WALTER 2323 MUEGGE RD 3 IDLEWOOD CT ST PETERS MO 63376