Board of Adjustment

BOARD OF ADJUSTMENT AGENDA September 12, 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, September 12, 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: Call to Order and Call the Roll The Pledge of Allegiance 1. Case No. BOA-2022-15. Address: 1560 Veterans Memorial Parkway (Excel Signs & Design – Kara Neubauer). A request to increase the maximum wall-mounted sign area pertaining to any one (1) business space of the existing multi-tenant building from forty (40) square feet to eighty (80) square feet, specifically to provide wall-mounted signage at the main business entrance and along the business’s right-of-way frontage, as regulated in Section 400.1720(A)(1) of the City of St. Charles Code of Ordinances. The property is zoned C-3 Highway Business District (Ward 3). THIS APPLICATION WAS WITHDRAWN BY THE APPLICANT. 2. Case No. BOA-2022-16. Address: 1920 Zumbehl Road (Vital Signs – Pat Gorman). A request to increase the maximum wall-mounted sign area from fifty-five (55) square feet to seventy-four (74) square feet, as regulated in Section 400.1720(A)(1) of the City of St. Charles Code of Ordinances. The property is zoned C-2 General Business District (Ward 6). 3. Case No. BOA-2022-17. Address: 1501 N 3rd Street (Christopher Kyle). Two requests: 1) A request to decrease the required front yard setback, specifically for an accessory structure on a corner lot, Board of Adjustment Agenda 1  from twenty-five (25) feet to five and one-half (5.5) feet as regulated in Section 400.530(A)(2) of the City of St. Charles Code of Ordinances, and 2) A request to decrease the minimum required setback for an accessory structure from the main building from ten (10) feet to four (4) feet and ten (10) inches as regulated in Section 400.530(A)(4) of the City of St. Charles Code of Ordinances. The property is zoned R-1E/EHP Single- Family Residential District and within the Extended Historic Preservation District (Ward 1). THE APPLICANT REQUESTED TO TABLE THIS APPLICATION TO THE OCTOBER 10, 2022 MEETING. Adjournment The next meeting of the Board of Adjustment is scheduled for Monday, October 10, 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, 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 09/09/2022 @ 11:00 am 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, September 12, 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-2022-15. Address: 1560 Veterans Memorial Parkway (Excel Signs & Design – Kara Neubauer). A request to increase the maximum wall-mounted sign area pertaining to any one (1) business space of the existing multi-tenant building from forty (40) square feet to eighty (80) square feet, specifically to provide wall-mounted signage at the main business entrance and along the business’s right-of-way frontage, as regulated in Section 400.1720(A)(1) of the City of St. Charles Code of Ordinances. The property is zoned C-3 Highway Business District (Ward 3). 2. Case No. BOA-2022-16. Address: 1920 Zumbehl Road (Vital Signs – Pat Gorman). A request to increase the maximum wall-mounted sign area from fifty-five (55) square feet to seventy-four (74) square feet, as regulated in Section 400.1720(A)(1) of the City of St. Charles Code of Ordinances. The property is zoned C-2 General Business District (Ward 6). 3. Case No. BOA-2022-17. Address: 1501 N 3rd Street (Christopher Kyle). Two requests: 1) A request to decrease the required front yard setback, specifically for an accessory structure on a corner lot, from twenty-five (25) feet to five and one-half (5.5) feet as regulated in Section 400.530(A)(2) of the City of St. Charles Code of Ordinances, and 2) A request to decrease the minimum required setback for an accessory structure from the main building from ten (10) feet to four (4) feet and ten (10) inches as regulated in Section 400.530(A)(4) of the City of St. Charles Code of Ordinances. The property is zoned R-1E/EHP Single- Family Residential District and within the 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 Memorandum To: Board of Adjustment From: Lara Berry, Planner Meeting Date: September 9, 2022 Subject: BOA-2022-15: 1560 Veterans Memorial Parkway __ The applicant has submitted an email withdrawing this application. No action by the Board of Adjustment is necessary. Case No. BOA-2022-15. Address: 1560 Veterans Memorial Parkway (Excel Signs & Design – Kara Neubauer). A request to increase the maximum wall-mounted sign area pertaining to any one (1) business space of the existing multi-tenant building from forty (40) square feet to eighty (80) square feet, specifically to provide wall-mounted signage at the main business entrance and along the business’s right-of-way frontage, as regulated in Section 400.1720(A)(1) of the City of St. Charles Code of Ordinances. The property is zoned C-3 Highway Business District (Ward 3).  AGENDA ITEM #2 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2022-16 1920 ZUMBEHL ROAD SEPTEMBER 12, 2022 BY ANDREW STANISLAV GENERAL INFORMATION Owner: The DESCO Group 25 N Brentwood Boulevard St. Louis, Missouri 63105 Applicant: Pat Gorman Vital Signs 111 Babcock Boulevard Delano, Minnesota 55328 Location: 1920 Zumbehl Road Ward 6 Request: A request to increase the maximum wall-mounted sign area from fifty-five (55) square feet to seventy-four (74) square feet, as regulated in Section 400.1720(A)(1) 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 Commercial/Retail South C-2 Commercial/Retail East R-3A Condos/Townhomes West C-2 Commercial/Retail ANALYSIS The subject property is an approximately 10,100 square-foot tenant space within the Zumbehl Commons/Schnuck’s shopping center off of Zumbehl Road and is zoned C-2 General Business District. The subject site is part of the former Sear’s Hardware/Savor’s location at the southern end of the shopping center, which was recently subdivided to create two junior anchor tenant spaces. While the subject tenant space does not have direct property frontage to Zumbehl Road, both this space and the adjacent junior anchor space (Pet Supplies Plus) both are visible when traveling along the roadway. The new tenant (Foss Swim School) is currently under construction on the interior spaces, while the exterior/facade improvements have been completed to create two separate storefronts with matching entryways. The applicant is proposing a seventy-four (74) square foot wall mounted sign above the storefront to match that in size to the neighboring Pet Supplies Plus. Case No. BOA-2022-16 Page 2 1920 Zumbehl Road Applicable Regulations: The applicant is requesting a variance from the City’s Zoning ordinance, as follows:  §400.1720(A)(1) Business Signs for Legal, Non-Residential Buildings: The total aggregate area of one (1) face of all signs on the premises pertaining to any one (1) business shall not exceed forty (40) square feet. However, if the portion of the building adjacent to its lot's street property line measures more than forty (40) feet, then the total aggregate area of one (1) face of all such signs on the premises may be increased in area at the rate of one (1) square foot of sign area for each foot of building frontage in excess of forty (40) linear feet; but the total aggregate area of one (1) face of all such signs on the premises shall not exceed eighty (80) square feet for each business. The total aggregate area of all signs on the premises pertaining to any one business with a frontage exceeding one hundred fifty (150) linear feet may be increased to one hundred fifty (150) square feet. For corner buildings, only the main entrance frontage shall be so measured. Section 400.1720(A)(1) of the City of St. Charles Code of Ordinances regulates business sign area for buildings based on the length of the building as measured from its frontage line. The subject property will have a tenant space with a frontage length of approximately 55 feet, which allows up to 55 square feet of wall mounted business signage for the entire business. The applicant has provided a written justification for the request to increase the sign area of the building which is attached to this report. 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 Case No. BOA-2022-16 Page 3 1920 Zumbehl Road 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 allowable area for wall mounted signage can be considered substantial since it increases the permitted sign area by 19 square feet, an overall increase of 34.5%. (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. Approval of the variance should not have any negative impact on adjacent properties. The subject property is surrounded by commercial development with multi-family residential to the rear. The location of the sign above the storefront would face the existing commercial development and would have no impact on the residential area. As of the date of writing this report, there have been no calls or concerns from the public or neighboring property owners. (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 noted that a smaller wall mounted sign of 55 square feet as permitted by Code would be the only alternative to this variance; however, that the appearance of this southern portion of the shopping center may also become dis-proportionate installing a 55 square-foot sign given the size and proportion of the neighboring Pet Supplies Plus sign (74 square feet) and the matching entryway parapets constructed for the two junior anchor tenant spaces. The lineal frontage of the Pet Supplies Plus tenant space is 74 feet, which by Code permits a maximum of 74 square feet of wall mounted signage for the business. Foss Swim School, though with a matching entryway parapet, has a lineal frontage of 55 feet, which by Code would allow a maximum of 55 square feet of wall mounted signage. While Foss Swim School is leasing a tenant space with approximately 90 feet of lineal frontage, nearly 35 lineal feet at the most southern corner will be subleased from them to another business. Because of this, only 55 lineal feet of the total tenant space leased by Foss Swim School will have frontage that can be used to determine the allowable amount of wall signage permitted by Code, and the business is requesting approval for a larger sign to match the neighboring tenant (Pet Supplies Plus). Figure 1 on the following page shows the storefront entryways for each of the new junior anchor tenant spaces along with the existing sign for Pets Supplies Plus and that currently proposed for Foss Swim School to match in size. The lineal frontage of each tenant space is also depicted for reference. Case No. BOA-2022-16 Page 4 1920 Zumbehl Road Figure 1. Proposed sign compared to existing conditions. (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, installation of the wall mounted sign as proposed would not be possible. The applicant notes on the submitted application form that the increased signage as proposed is to create a proportionate appearance for the two junior anchor tenant spaces with the same entryway parapets, and they are also proposing the same size wall mounted sign to fill the space. The tenant space is also approximately 10,100 square feet in area, which is one of the larger tenants in the shopping center. Generally this size tenant within a retail center (referred to as a junior anchor) has a larger sign than smaller tenants that fill the plaza. The location of the subject tenant space also does not front directly on Zumbehl Road but is visible when traveling along the roadway. Due to the location and size of the tenant space, it is Staff’s opinion that the requested wall mounted sign as submitted at this location can be considered a just action. This variance is only applicable to the wall mounted sign for the subject tenant space. STAFF RECOMMENDATION After review of the request and all pertinent information, the Department of Community Development recommends that the request be APPROVED as submitted. Case No. BOA-2022-16 Page 5 1920 Zumbehl Road Figure 2: Aerial identifying subject property (outlined in yellow) and tenant space (highlighted blue). Figure 3: View of subject tenant space (Foss Swim School) and neighboring tenant (Pet Supplies Plus) storefronts. BOA-2022-16 Pat R. Gorman 8/11/2022 1920 ZUMBEHL ROAD  73.0” 18.0” 48.0” 18.0” 154” 104.0” 256.00” RACEWAY MOUNTED CHANNEL LETTERS LED ILLUMINATED - OVERALL SIZE - 256.0” x 48” / TEXT HEIGHT - 18” - LETTER FACES W/ WHITE OUTLINE = ARLON TRANS VINYL BLUE (2500/2051) - LOGO = OVAL - ARLON TRANS YELLOW (2500/015) & BLUE (2500/2051) 6 CHEVRON PIECES = ARLON TRANS VINYL BLUE (2500/2051 - RETURNS - WHITE - TRIMCAP - WHITE - RACEWAY - TO MATCH BRICK - POWER - THROUGH BACKS 1920 ZUMBEHL RD, ST. CHARLES, MO FOSS PAT GORMAN FRONT design manufacture ST. CHARLES, MO 8-4-22 612-716-5491  August 26, 2022 OBST KEVIN 1616 FOREST HILLS DR ST CHARLES MO 63303-3504 Re: Board of Adjustment Case No. 2022-16 1920 Zumbehl Road Dear Property Owner: As the owner of property adjacent to or within 300 feet of the property referenced above, 1920 Zumbehl Road (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 Pat Gorman with Vital Signs. A request to increase the maximum wall- mounted sign area from fifty-five (55) square feet to seventy-four (74) square feet, as regulated in Section 400.1720(A)(1) 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, September 12, 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 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 & Lara Berry Planner Department of Community Development Owner SiteAddres MailingAdd CITYSTATE ZIP OBST KEVIN 1616 FOREST HILLS DR 1616 FOREST HILLS DR ST CHARLES MO 63303-3504 SCANLON CYNTHIA M 1617 FOREST HILLS DR 1617 FOREST HILLS DR ST CHARLES MO 63303 ECONO INVESTMENT ANA LLC 1632 FOREST HILLS DR 680 KILLARY DOWN WELDON SPRING MO 63304 MURPHY MICHELE M 1650 FOREST HILLS DR 1650 FOREST HILLS DR ST CHARLES MO 63303 KAMPMEINERT EVE E 1664 FOREST HILLS DR 1664 FOREST HILLS DR ST CHARLES MO 63303-3504 SCHAEFFER ALEXIS F 1666 FOREST HILLS DR 1666 FOREST HILLS DR ST CHARLES MO 63303-3504 BRYANT LISA 1706 FOREST HILLS DR 1706 FOREST HILLS DR ST CHARLES MO 63303-3509 BOEDEKER BERNARD A*BOEDEKER ANGIE 1705 FOREST HILLS DR 1705 FOREST HILLS DR ST CHARLES MO 63303 HUBBLE DOMINICK PAUL 1624 FOREST HILLS DR 1624 FOREST HILLS DR ST CHARLES MO 63303 WINTERHOFF KRISTINA E 1615 FOREST HILLS DR 40 GADWALL CT OLD MONROE MO 63369-2820 HALLEY BARBARA 1626 ROSEWALL DR 1626 ROSEWALL DR 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DOMINION HOSPITALITY ST CHARLES LLC 1800 ZUMBEHL RD 4220 DUNCAN AVE STE 201 ST LOUIS MO 63110 No information available HERMES JOHN P*HERMES LEO D 1860 ZUMBEHL RD PO BOX 3323 BLOOMINGTON IL 61702 No information available JANOSKI CHRISTINA L 1612 FOREST HILLS DR 409 N DEER TRACKS TRL ST PETERS MO 63376-5907 KUMAR KANDASAMY SENTHIL*KUMAR BHUVANESWARI SENTHIL 1613 FOREST HILLS DR 1613 FOREST HILLS DR ST CHARLES MO 63303 HOOSE CYNTHIA K 1627 FOREST HILLS DR 1627 FOREST HILLS DR ST CHARLES MO 63303 MILLER JEWELL M REVOC LIV TRUST 1638 ROSEWALL DR 1638 ROSEWALL DR ST CHARLES MO 63303 LEWIS GEORGE MICHAEL*LEWIS SARAH E 1658 FOREST HILLS DR 1658 FOREST HILLS DR ST CHARLES MO 63303 JONES GILBERT*JONES MICHELE 1643 ROSEWALL DR 1643 ROSEWALL DR ST CHARLES MO 63303-3503 KRAEMER KENNETH G*KRAEMER KAREN A 1672 FOREST HILLS DR 4 SHELBY CREST CT OFALLON MO 63366 KNIGHT RONALD E*KNIGHT TAYLOR CRAIG*KNIGHT TUCKER PAUL*KNIGHT 1900 PIPER ZUMBEHL ANNRDTRUSTS 15 GUYENE DR LAKE ST LOUIS MO 63367 BUSEY BANK 1928 ZUMBEHL RD 100 W UNIVERSITY AVE CHAMPAIGNE IL 61820 FOREST HILLS OWNERS ASSOCIATION ROSEWALL LN 1619 ROSEWALL DR ST CHARLES MO 63303 FOREST HILLS OWNERS ASSOCIATION FOREST HILLS DR 1619 ROSEWALL DR ST CHARLES MO 63303 PRCP-MO BOGEY HILLS LLC*PRCP-MO BOGEY HILLS BELLATERRA LLC ZUMBEHL RD 10455 RIVERSIDE DR STE 200 PALM BEACH FL 33410 WAL-MART REAL ESTATE BUSINESS TRUST 2897 VETERANS MEMORIAL PKWY PO BOX 8050 MAILSTOP 0555 BENTONVILLE AR 72716-8050  AGENDA ITEM #3 Memorandum To: Board of Adjustment From: Lara Berry, Planner Meeting Date: September 12, 2022 Subject: BOA-2022-17: 1501 N 3rd Street __ The application will need to be re-advertised due to inaccurate provided dimensions. This will be advertised with the correct dimensions for the October 10, 2022 Board of Adjustment Meeting. Case No. BOA-2022-17. Address: 1501 N 3rd Street (Christopher Kyle). Two requests: 1) A request to decrease the required front yard setback, specifically for an accessory structure on a corner lot, from twenty-five (25) feet to five and one-half (5.5) feet as regulated in Section 400.530(A)(2) of the City of St. Charles Code of Ordinances, and 2) A request to decrease the minimum required setback for an accessory structure from the main building from ten (10) feet to four (4) feet and ten (10) inches as regulated in Section 400.530(A)(4) of the City of St. Charles Code of Ordinances. The property is zoned R-1E/EHP Single- Family Residential District and within the Extended Historic Preservation District (Ward 1).