Board of Adjustment

BOARD OF ADJUSTMENT AGENDA November 7, 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, November 7, 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-2022-19. Address: 1201 N 4th Street (S.J. Hollander Architect – Stephen Hollander). A request to decrease the required front yard setback, specifically for an accessory structure on a corner lot, from 25 feet to 3.8 feet as regulated in Section 400.530(A)(2) of the City of St. Charles Code of Ordinances. The property is zoned R-1E/FPD Single- Family Residential District and within the Frenchtown Preservation District (Ward 1). 2. Case No. BOA-2022-20. 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-eight (48) square feet to one hundred twenty-seven (127) 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). Adjournment Board of Adjustment Agenda 1 The next meeting of the Board of Adjustment is scheduled for Monday, December 5, 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 11/03/2022 @ 4:30 pm by DKL Board of Adjustment Agenda 2  AGENDA ITEM #1 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2022-19 1201 N 4TH STREET NOVEMBER 7, 2022 BY LARA BERRY GENERAL INFORMATION Applicant: Stephen Hollander S.J. Hollander Architect 519 First Capitol Drive Saint Charles, Missouri 63301 Property Owner: Brent Rood & Samantha Kurkowski 1201 N 4th Street Saint Charles, Missouri 63301 Location: 1201 N 4th Street Ward 1 Request: A request to decrease the required front yard setback, specifically for an accessory structure on a corner lot, from 25 feet to 3.8 feet as regulated in Section 400.530(A)(2) of the City of St. Charles Code of Ordinances. Zoning: R-1E/FPD Single- Family Residential District and within the Frenchtown Preservation District Adjacent Zoning & Land Use: Direction Zoning Land Use North, South, East & West R-1E/FPD Single Family Residence ANALYSIS The applicant’s request is to vary the front yard setback for an accessory structure in the required front yard for a proposed detached garage. The subject property is a single family residence on an approximately 9,920 square foot corner lot within the Frenchtown Preservation District. Per the County Assessor’s records, the subject property was built circa 1906. The R-1E District requires a twenty-five (25) foot front yard setback for each frontage, even when the property is a corner lot, an accessory structure is still required to comply with the required front yard for each frontage. Upon review for a Certificate of Appropriateness (CA-2022-60) to construct a double-car detached garage, it was discovered that a previous building permit was issued in error for a 144 square foot shed that did not meet the required front yard setback (for a corner lot). Staff believes the previously submitted site plan (CA-2019-71) was approved based on the accessory structure setback requirement from a side property line, which was not correct. The Certificate of Appropriateness was issued on October 17, 2022, subject to the condition that the applicant was Case No. BOA-2022-19 Page 2 1201 N 4th Street able to obtain a variance for the required front yard setback. Applicable Regulations: The applicant is requesting a variance from the City’s Zoning ordinance, as follows:  §400.530(A)(2): A detached accessory building shall not be erected in a required front yard, except on a double frontage lot. Accessory buildings located on double frontage lots may be placed in the yard space at the rear of the building, provided no portion of the frontage along the same street where the accessory building is proposed to be located is utilized as the principal entrance for the main building of any lot in the block. 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 reduce the required front yard for an accessory building should be considered substantial since it decreases the setback from 25 feet to 3.8 feet, or an 85% reduction. Case No. BOA-2022-19 Page 3 1201 N 4th Street (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 does not anticipate any negative impacts on neighboring properties or the neighborhood. The structure is located on the portion of the property that does not share a property line with an adjacent neighbor. At the time of this report, staff has not received any correspondence in opposition of this request. Since the structure meets all other setback requirements regarding adjacent properties, approval of the variance should have no negative impact on adjacent properties. The applicant indicates on their application that there will be no greater effect on the neighbors/neighborhood than the current condition of the property with the existing 144 square foot structure. As indicated earlier, this home was constructed prior to any zoning requirements. The subject property has a home that is situated approximately 17 feet from the property line along Bayard Street (the non-principal frontage) and 21 feet from the property line along N 4th Street, both of which do not meet the City’s R-1E District design standards. Since the residence is not compliant with City zoning standards, the existing home is considered a Legal Non- Conforming Structure (Grandfathered). As the applicant infers and staff agrees, it is not uncommon within the Frenchtown Preservation District (or even the Extended Historic Preservation District) for primary and accessory structures be out of compliance with zoning district design standards since the majority of the structures within these districts were built prior to the Zoning Code. (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. As discussed above, it is not uncommon to have structures that do not comply with the subject design standard and while the backyard does allow for ample room to place this structure in compliance, as long as the structure is compliant with building code and a Certificate of Appropriateness is obtained, Planning Staff does not object to its location being within the required front yard. STAFF RECOMMENDATION After review of the pertinent information, the Department of Community Development recommends that the request to decrease the required front yard setback for an accessory structure from 25 feet to 3.8 feet be APPROVED, subject to the following conditions: 1) This variance is only for the subject accessory structure and in its proposed dimensions. Case No. BOA-2022-19 Page 4 1201 N 4th Street Figure 1: Aerial photo of the subject property. Figure 2: Existing street view. Case No. BOA-2022-19 Page 5 1201 N 4th Street Figure 3: Submitted site plan screenshot of proposed accessory structure. BOA-2022-19  October 21, 2022 ADAMS ROBERT J*ADAMS MARSHA R 1106 N 4TH ST ST CHARLES MO 63301 Re: Board of Adjustment Case No. 2022-19 1201 N 4th Street Dear Property Owner: As the owner of property adjacent to or within 300 feet of the property referenced above, 1201 N 4th Street (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 S.J. Hollander Architect. A request to decrease the required front yard setback, specifically for an accessory structure on a corner lot, from 25 feet to 3.8 feet as regulated in Section 400.530(A)(2) of the City of St. Charles Code of Ordinances. The property is zoned R-1E/FPD Single- Family Residential District and within the Frenchtown Preservation District (Ward 1). The Board of Adjustment will hold a public hearing on this application at 6:00 p.m. on Monday, November 7, 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 city zip ADAMS ROBERT J*ADAMS MARSHA R 1106 N 4TH ST 1106 N 4TH ST ST CHARLES MO 63301 COLLINS CHARLENE A 1125 N 3RD ST 1125 N 3RD ST ST CHARLES MO 63301 DAKE MARK A 1111 N 4TH ST 1111 N 4TH ST CHARLES MO 63301 KINCAID JARROD A*KINCAID DENISE B 1116 N 5TH ST 1116 N 5TH ST ST CHARLES MO 63301 DEJEAN TYLER J 1125 N 5TH ST 1125 N 5TH ST ST CHARLES MO 63301 MONTGOMERY DALE J*MONTGOMERY MARIE 1222 N 5TH ST PO BOX 342 HAWK POINT MO 63349 JACKSON JOE*JACKSON EMILY 1223 N 5TH ST 1223 N 5TH ST ST CHARLES MO 63301 ZAMUDIO DEBORAH A 1113 N 3RD ST 1113 N 3RD ST ST CHARLES MO 63301-2004 SILVESTRI JEFFREY*SILVESTRI JENNIFER 1100 N 5TH ST 2985 AMERICAN RIVER LN LAS VEGAS NV 89135 BRODEUR GERARD II*BRODEUR ASHLEY M 1128 N 4TH ST 1128 N 4TH ST ST CHARLES MO 63301 HARRISON JESSE*HARRISON SARAH 1122 N 5TH ST 1122 N 5TH ST ST CHARLES MO 63301-1930 HOUSE JANET L 318 BAYARD ST 318 BAYARD ST ST CHARLES MO 63301-2011 MEISER STEVEN R*MEISER MONA L 1227 N 3RD ST 1227 N 3RD ST ST CHARLES MO 63301 TROESSER DANIEL J*TROESSER STEPHANIE P 1200 N 5TH ST 1200 N 5TH ST ST CHARLES MO 63301 MONTGOMERY DALE J*MONTGOMERY MARIE 1228 N 5TH ST PO BOX 342 HAWK POINT MO 63349 RJM INVESTMENT/DEVELOPMENT CORP 1301 N 4TH ST 133 EAGLE ESTATES DR LAKE ST LOUIS MO 63367 KAW INVESTMENTS LLC 1119 N 3RD ST 1832 N BAYSHORE DR GREEN VALLEY AZ 85614 ROOD BRENT*KURKOWSKI SAMANTHA 1201 N 4TH ST 1201 N 4TH ST ST CHARLES MO 63301 ON SITE AIRCRAFT SERVICE INC 1219 N 4TH ST 1219 N 4TH ST ST CHARLES MO 63301 SALYER AIMEE L*SALYER GREGORY A 1201 N 5TH ST 1201 N 5TH ST ST CHARLES MO 63301-1931 GIACCHI JOAN*GIACCHIA JOSEPH T 1112 N 4TH ST 1110 N 3RD ST ST CHARLES MO 63301 BREDENSTEINER STEPHEN T*BREDENSTEINER LISA M 1123 N 5TH ST 1123 N 5TH ST ST CHARLES MO 63301 TROESSER DANIEL*TROESSER STEPHANIE 1208 N 5TH ST 1200 N 5TH ST ST CHARLES MO 63301 WEBB RICHARD S*WEBB MARY T 1110 N 5TH ST 1110 N 5TH ST ST CHARLES MO 63301 LANE SHARON R 1209 N 3RD ST 1209 N 3RD ST ST CHARLES MO 63301 COGDILL DANIEL E*COGDILL HOWARD E 1222 N 4TH ST 81 BARTON PL ST CHARLES MO 63301 FRITZ JAMES*MOSTY HEATHER 1216 N 5TH ST 1216 N 5TH ST ST CHARLES MO 63301 BASIC JASMINA*HOFFMAN JOSEPH 1117 N 3RD ST 10 ALMA DR ST CHARLES MO 63304 WINCHESTER CAMEO*WINCHESTER MARK 1116 N 4TH ST 1116 N 4TH ST ST CHARLES MO 63301 CRASS JUANITA LIVING TRUST 1127 N 4TH ST 1127 N 4TH ST ST CHARLES MO 63301-2006 ALEXANDER TIMOTHY M 1200 N 4TH ST 1200 N 4TH ST ST CHARLES MO 63301-2009 STRUEBING KURT W*STRUEBING LAURENE C 1124 N 5TH ST 1124 N 5TH ST ST CHARLES MO 63301 P4 PROPERTIES LLC 1212 N 4TH ST 48 NORTHMOOR CIR LAKE ST LOUIS MO 63367 WRIGHT KAITLIN 1209 N 4TH ST 1209 N 4TH ST ST CHARLES MO 63301 GROSCOST TRANDON 1046 N KINGSHIGHWAY ST 1046 N KINGSHIGHWAY ST ST CHARLES MO 63301 LAVANIER MICHAEL JR*LAVANIER MICHAEL SR*LAVANIER CYNTHIA 1101 N 4TH ST 609 SUMMER STONE DR OFALLON MO 63368 WARD JOSIAH*WARD ELIZABETH 1122 N 4TH ST 1122 N FOURTH ST ST CHARLES MO 63301 UNG HUNG Q*BUL ROSE K 1125 N 4TH ST 3733 ELM ST ST CHARLES MO 63301 P4 PROPERTIES LLC 1216 N 4TH ST 48 NORTHMOOR CIR LAKE ST LOUIS MO 63367 BRUNJES VALARIE E 1226 N 4TH ST 1226 N 4TH ST ST CHARLES MO 63301 OSTMANN FAM LIMIT PART W RANDOLPH ST 8025 MARYLAND AVE UNIT 5C CLAYTON MO 63105 KOHM JENNIFER R*LACUEVA BEVERLY K 1105 N 4TH ST 922 CRESTLAND DR BALLWIN MO 63011 REED DAVID L*REED JANET H 1208 N 4TH ST 5113 WHITEHEAD RD HILLSBORO MO 63050 GEIGER EDGAR C*GEIGER KATHY G 1105 N 5TH ST 1105 N 5TH ST ST CHARLES MO 63301 SPAFFORD PAUL L*SPAFFORD MARY J 1300 N 5TH ST 1300 N 5TH ST ST CHARLES MO 63301 LARSON KAITLIN A*LARSON JOHN DANIEL 1304 N 5TH ST 1304 N 5TH ST ST CHARLES MO 63301 CITY OF ST CHARLES N 3RD ST 200 N 2ND ST ST CHARLES MO 63301 CITY OF ST CHARLES WOOD ST 200 N 2ND ST ST CHARLES MO 63301  AGENDA ITEM #2 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2022-20 1560 VETERANS MEMORIAL PARKWAY NOVEMBER 7, 2022 BY LARA BERRY GENERAL INFORMATION Owner: 1560 VMP Holdings LLC 1380 Ferguson Avenue St. Louis, Missouri 63133 Applicant: Kara Neubauer Excel Signs & Design 9621 Sterling Place St. Louis, Missouri 63123 Location: 1560 Veterans Memorial Parkway Ward 3 Request: 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-eight (48) square feet to one hundred twenty-seven (127) 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. Zoning: C-3 Highway Business District Adjacent Zoning & Land Use: Direction Zoning Land Use North I-70 I-70 Right-of-Way South C-3 Vacant/Undeveloped Land East C-3 Commercial/Retail West C-3 & County I1 Retail & Mobile Home Park (County) ANALYSIS The subject property is a newly constructed multi-tenant commercial building with the ability to have five (5) tenant spaces located at 1560 Veterans Memorial Parkway, near the intersection of Veterans Memorial Parkway and South Drive. The multi-tenant structure sits on an approximately 1.5 acre lot and is zoned C-3 Highway Business District within Ward 3. The property has frontage along Veterans Memorial Parkway with parking and the tenant main entrances at the rear (south) of the building. The applicant is proposing 127 square feet of building mounted signage, to the front (right-of-way frontage) and rear (main entrance) of the building, which exceeds the maximum of 48 square feet for the combined tenant space permitted by code. This variance request is for two (2) businesses that share the combined two (2) tenant spaces of the five (5); the remaining Case No. BOA-2022-20 Page 2 1560 Veterans Memorial Parkway tenant spaces are currently vacant. 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 has a building with a tenant frontage length of 48 feet, which allows up to 48 square feet of business signage for the 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. Case No. BOA-2022-20 Page 3 1560 Veterans Memorial Parkway 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 allowable area for wall mounted signage can be considered substantial since it increases the permitted sign area by 79 square feet, an overall increase of approximately 164%. (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 may have a negative impact on the other tenant spaces within this building and adjacent properties. Businesses along the Veterans Memorial Parkway corridor in the City do not typically display business signage on more than two building wall faces unless it is a corner lot with two frontages. This proposal includes signage on two building faces, and substantially exceeds the sign area of nearby businesses within the vicinity. Staff notes that the business requesting the additional signage (this variance) previously occupied the adjacent building. The previous business location had similar frontage to Veterans Memorial Parkway with parking on the non-entrance, non-frontage side of the building. Upon review of City records to determine the approved square footage of the existing signage (since occupancy in 2016) it was determined there was only one sign permit (for an EMC sign) issued for that location. However, multiple years of Google Street Views show a secondary wall-mounted sign for this business of which did not have City approval. (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. It is Staff’s opinion that the proposed signage may be reduced in area to meet the maximum business sign area permitted by code and still satisfy the advertising requirements for the business (for example, a larger portion of the permitted sign area on the Hwy frontage and a smaller sign on the parking frontage to confirm the tenant space). Staff also notes that this property may display a freestanding sign that does not count against the total business sign area. Furthermore, the City’s sign code allows businesses to display window signage without a permit. Window signage may cover up to 25% of the window area on each elevation of the building. Based upon the elevations provided to staff, this business already has the maximum window signage. (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 Case No. BOA-2022-20 Page 4 1560 Veterans Memorial Parkway 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 building mounted signs as proposed would not be possible. The applicant’s narrative statement attached to this report notes that the increased signage as proposed should be considered reasonable due to the location of where the business entrance is situated to the building frontage. As previously mentioned, this is an established business that had been previously located at the neighboring property for the last seven years. Additionally, the applicant notes two (2) concerns regarding window signage at the south elevation (main entrance) due to vehicle obstruction and lighting. The applicant is concerned that vehicles parked along the rear of the building would potentially block the view of customers trying to identify the business entrance from the parking lot and that the building’s exterior lighting would not be sufficient to see once the customer was on the sidewalk adjoining the entrances to the building. While staff agrees that vehicles could potentially block the view of window signage from the additional rows of the parking lot, once the customer walks up to the entrance sidewalk they should be able to determine which business entrance they need to use. As shown by Figures 6 and 7 (on page 7), the window sections have transoms that could be used to alleviate this concern; the total window height is approximately 10 feet. Furthermore, after dusk, the customer should be able to look through the windows to the interior illuminated business to determine if it is the business they are seeking. As referenced above, adjustments to the proposed business signage can be made to identify City standards for business signs. It is the opinion of Staff that a proposal to increase the maximum business sign area as proposed is not reasonable at this location, and the proposal substantially exceeds the sign area of other nearby businesses in the City. Additionally, City code permits additional signage that is not attached to the face of the building, and if pursued by the applicant would allow the business to display more signage than requested as part of this application. The approval of an increase to the maximum business sign area as submitted at this location should not be considered a just action, as reasonable alternatives to this request are available to the applicant. STAFF RECOMMENDATION After review of the request and all pertinent information, the Department of Community Development recommends that the request be DENIED as submitted. Case No. BOA-2022-20 Page 5 1560 Veterans Memorial Parkway Figure 1: Aerial identifying subject site (outlined in yellow). Figure 2: View of subject building from the roadway. Case No. BOA-2022-20 Page 6 1560 Veterans Memorial Parkway Figures 3 & 4: Exiting window signage on Veterans Memorial Parkway frontage. Figure 5: Bird’s eye view of subject building from the roadway frontage. Case No. BOA-2022-20 Page 7 1560 Veterans Memorial Parkway Figure 6 & 7: Existing window signage on the rear of the building (parking lot). Figure 8: Bird’s eye view of subject building from the parking lot. 10/05/2022  MNG 2005 INC | SAINT CHARLES, MO | WALL SIGNAGE | VERSION 2 | NORTH ELEVATION PG 1 OF 2 90.8” 92” CABINET SIGNS ROUTED, PUSH-THROUGH Aluminum Cabinet Face painted opaque Aluminum Cabinet Return painted opaque 40” White Acrylic Letter Return pushed through cabinet face illuminated white appearance 84” Letter Face transluscent vinyl applied for illuminated faces 48ft CABINET SIGNS FLUSH TO WALL INSTALL - LAG BOLTS LED illuminated Cabinet Remote transformers 23ft with disconnect switch Connect to supplied electric in junction box (electric to sign location by others) 3/8” x 6” lag bolts with sheilds (every 3ft) PERMITTING ALLOWANCES | (St. Charles, MO | C-3 Highway Busn District) Total aggregate area of all signs shall not exceed 40sqft. If portion of the building adjacent to Wall the lot’s street property line is more than 40ft, then total aggregate area of signs can be increased at a rate of 1sqft for each 1ft of building frontage in excess of 40sqft with a max of 80sqft. > Veterans Memorial Frontage = 48ft -- 48sqft of signage allowed. PROPOSED SIGNAGE | Total of 131.9 SQFT Proposed *VARIANCE REQUIRED > Northeast CBDK Sign: 84” x 90.8“ = 7,627.2 sqin / 144 = 52.9 sqft 78.4 SQFT on North Elevation > Northeast MNG Sign: 40” x 92” = 3,680 sqin / 144 = 25.5 sqft > Southwest CBDK Sign: 30” x 146.3” = 4,389 sqin / 144 = 30.5 sqft NIGHT VIEW IS FOR REPRESENTATIONAL PURPOSES ONLY. 47.9 SQFT on North Elevation > Southwest MNG Sign: 33” x 76” = 2,508 sqin / 144 = 17.4 sqft SURROUNDING LIGHTING MAY AFFECT APPEARANCE OF SIGN AT NIGHT. DATE OF PROOF All content included on this design sheet (including, but not limited to images, photos, designs, Jenn Mesey SPECIFICATIONS | Internally illuminated, aluminum cabinet; routed with push-through 09/12/2022 CONTACT graphics and text) is the property of Excel Signs & Design, LLC. Any unauthorized use or 314-463-1611 acrylic letters and logo; translucent vinyl aplied to colored letters and logos. copying of said content is strictly prohibited. constructionmanager@mngcity.com DESIGNER Copyright 2022 Excel Signs & Design, LLC. All rights reserved. 1560 Veterans Memorial Pkwy Kara Neubauer 9621 Sterling Place | St. Louis, MO 63123 St. Charles, MO 63303 kara.n@excelsignstl.com If satisfied with the layout/design please sign, date and email to your designer 314.200.8097 | www.excelsignstl.com 314.200.8097 x3 COLORS DETAILS | PMS 361 PMS 360 PMS 2705 Black FILE NAME North CBDK_V2_St Charles_MNG-CBDK_09.12.22.ai Approved By: ____________________________________________ Date: _______________ North MNG_V2_St Charles_MNG-CBDK_09.12.22  MNG 2005 INC | SAINT CHARLES, MO | WALL SIGNAGE | VERSION 2 | SOUTH ELEVATION PG 2 OF 2 76” 146.3” 30” 33” CHANNEL LETTERS CHANNEL LETTERS MOUNTED TO ALUMINUM STANDARD STYLE - FRONT LIT RACEWAY MOUNTED INSTALL LED illuminated Channel Letter *Raceway to be attached to top edge of awning 1/8” thick acrylic faces .040 aluminum letters Acrylic Face & returns Aluminum Return MOUNTING BRACKETS 48ft 1/4” aluminum brackets with Aluminum Back 1/2” botl hole, led anchored Conduit Connector with 1/2” lags that are 4” long Sealed Seams Disconnect Switch 23ft LED Illumination Flexible Conduit Trimcap Power Source Drain Holes Wall Aluminum Substrate PERMITTING ALLOWANCES | (St. Charles, MO | C-3 Highway Busn District) Total aggregate area of all signs shall not exceed 40sqft. If portion of the building adjacent to the lot’s street property line is more than 40ft, then total aggregate area of signs can be increased at a rate of 1sqft for each 1ft of building frontage in excess of 40sqft with a max of 80sqft. > Veterans Memorial Frontage = 48ft -- 48sqft of signage allowed. PROPOSED SIGNAGE | Total of 131.9 SQFT Proposed *VARIANCE REQUIRED > Northeast CBDK Sign: 84” x 90.8“ = 7,627.2 sqin / 144 = 52.9 sqft 78.4 SQFT on North Elevation > Northeast MNG Sign: 40” x 92” = 3,680 sqin / 144 = 25.5 sqft > Southwest CBDK Sign: 30” x 146.3” = 4,389 sqin / 144 = 30.5 sqft 47.9 SQFT on North Elevation > Southwest MNG Sign: 33” x 76” = 2,508 sqin / 144 = 17.4 sqft NIGHT VIEW IS FOR REPRESENTATIONAL PURPOSES ONLY. SURROUNDING LIGHTING MAY AFFECT APPEARANCE OF SIGN AT NIGHT. DATE OF PROOF All content included on this design sheet (including, but not limited to images, photos, designs, Jenn Mesey SPECIFICATIONS | Raceway mounted, internally illuminated, front-lit channel letters, 09/12/2022 CONTACT graphics and text) is the property of Excel Signs & Design, LLC. Any unauthorized use or 314-463-1611 mounted on painted aluminum backer panel; Raceway to be attached to top edge of copying of said content is strictly prohibited. constructionmanager@mngcity.com DESIGNER awning. Copyright 2022 Excel Signs & Design, LLC. All rights reserved. 1560 Veterans Memorial Pkwy Kara Neubauer 9621 Sterling Place | St. Louis, MO 63123 St. Charles, MO 63303 kara.n@excelsignstl.com If satisfied with the layout/design please sign, date and email to your designer 314.200.8097 | www.excelsignstl.com 314.200.8097 x3 COLORS DETAILS | PMS 361 PMS 360 PMS 2705 Black FILE NAME South CBDK_V2_St Charles_MNG-CBDK_09.12.22.ai Approved By: ____________________________________________ Date: _______________ South MNG_V2_St Charles_MNG-CBDK_09.12.22  City of St. Charles, Missouri : Variance Request for 1560 Veterans Memorial Drive We are requesting a variance to modify the signage allowance for Mr. Nice Guy/CBD Kratom which is located in the shopping center at 1560 Veterans Memorial Drive. This shopping center has a unique need for signage, as it is positioned to face Interstate 70 (north elevation) with the parking lot and business entrance located in the rear (south elevation). Current code allows for a business in the C3 zone with less than 300 feet of linear frontage to have 40 square feet of signage. Since this business’ portion of the building adjacent to the lot’s street property line has 48 linear feet, they are allowed a total signage area of 48 square feet. Because the building sits on Veterans Memorial Parkway and directly faces Interstate 70, the typical wall signage allowance will not be large enough to be easily seen and be recognizable to drivers from the highway while also allowing sign area for signage along the parking lot where the entrances are located. Unlike may other business’, this space is accommodating two retailers within the same suite, so both business names/logos are required for identi cation. We are proposing signage that looks aesthetically pleasing with the building and is sized large enough to be easily seen from Interstate 70. As a retail facility, patrons will often be traveling to the shopping center for the rst time so having prominent, recognizable signage that can be seen from the highway is essential for drivers’ safety. As we all know, it can di cult to read signage while driving, especially at accelerated speeds. Having larger wall signage facing Interstate 70 will allow drivers to recognize the business quickly so they are not forced to take a second, longer look behind them to be able to safely exit on either First Capitol Drive or Convention Center Drive to gain access to Veterans Memorial Parkway. Upon entering the parking lot, patrons will need to identify where the business is located within the shopping center. Therefore, we are requesting moderately sized signage be allowed on this elevation as well. During our design process, sta brought up that the code allows for window graphics up to 25% of the window area and had asked if that would be su cient enough for the south elevation signage. We do not feel that will be able to replace the wall signage that we are proposing. Our rst concern is the location of the windows. There are several parking spaces in front of the windows that will often be occupied. These vehicles will block the view of the window graphics making it di cult to identify the business. Many of their patrons have physical and/or medical conditions so it is essential they are able to locate the main entrance and get to the store in a timely and e cient manner. Our second concern with using only windows graphics is the lighting aspect of the signage. Window graphics would not be lit up which would make it very di cult to identify the business in the dark. There will be some lighting on the building to illuminate the walkway but not enough to properly illuminate identi cation signage. Our choice to place illuminated signage on the wall is the best way to ensure the business is quickly recognized and it’s main entrance easily found. We look forward to continuing to serve the St. Charles community and it is our hope that the Board of Adjustment will understand our hardships and grant us the requested variance. Sincerely, Kara K Neubauer Creative Director 314.200.8097 ext. 3 kara.n@excelsignstl.com ffi ffi fi fi fi ffi ffi ff fi ffi  October 21, 2022 MORRIS CHRISTOPHER B*MORRIS JENNIFER M 1518 BOONE DR ST CHARLES MO 63303 Re: Board of Adjustment Case No. 2022-20 1560 Veterans Memorial Parkway Dear Property Owner: As the owner of property adjacent to or within 300 feet of the property referenced above, 1560 Veterans Memorial Parkway (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 Excel Signs & Design. 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-eight (48) square feet to one hundred twenty-seven (127) 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). The Board of Adjustment will hold a public hearing on this application at 6:00 p.m. on Monday, November 7, 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 city zip MORRIS CHRISTOPHER B*MORRIS JENNIFER M 1518 BOONE DR 1518 BOONE DR ST CHARLES MO63303 KOFRON ELAINE K*KOFRON EDWARD A REVOC LIV TRUST 1526 BOONE DR 1526 BOONE DR ST CHARLES MO63303 MCLEAN KYLE*MCLEAN SHEILA 1440 SOUTH DR 1440 SOUTH DR ST CHARLES MO63303 SCARLET FIRE LLC 1329 VETERANS MEMORIAL PKWY 1329 VETERANS MEMORIAL PKWY ST CHARLES MO 63303-3939 1560 VMP HOLDINGS LLC 1568 VETERANS MEMORIAL PKWY 1380 FERGUSON AVE ST LOUIS MO 63133 ST CHARLES COUNTY MISSOURI 1560 VETERANS MEMORIAL PKWY 100 N 3RD ST STE 216 ST CHARLES MO63301 ML PROPERTY LLC 1432 SOUTH DR 407 FOX LAIR DR ST CHARLES MO63303 STIEGEMEIER FAMILY REVOCABLE LIVING TRUST 1331 MOONRIDGE DR 3020 WESTBOROUGH CT ST CHARLES MO63301 1560 VMP HOLDINGS LLC 1560 VETERANS MEMORIAL PKWY 1380 FERGUSON AVE ST LOUIS MO 63133 BARTENURA HOLDINGS LLC 1550 VETERANS MEMORIAL PKWY 1380 FERGUSON AVE ST LOUIS MO63133-1500 RAND LAND & DEVELOPMENT LLC 1460 SOUTH DR 4400 WOODSON RD WOODSON TERRACE 63134 MO APEX ENTERPRISES INC 1701 VETERANS MEMORIAL PKWY 2773 BLOOMFIELD DR OAKVILLE MO 63129 BRIGGS GREGORY L 1332 MOONRIDGE DR 5 ENGLAND CIR OFALLON MO 63366-1175 TULLOCK MERLYN L 1522 BOONE DR 2822 SUNDOWNER DR ST CHARLES MO63303 1600 VETERANS MEMORIAL PARKWAY LLC 1600 VETERANS MEMORIAL PKWY 1600 VETERANS MEMORIAL PKWY ST CHARLES MO63303 FONSECA VICOTR LOPEZ*BARRETOS MA DE LOS ANGELES RAMIREZ 1424 SOUTH DR 1424 SOUTH DR ST CHARLES MO63303