Board of Adjustment

BOARD OF ADJUSTMENT AGENDA April 10, 2023 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, April 10, 2023 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-2023-05. Address: 6 Sag Harbor Court (Tim Flaker). A request to decrease the required rear yard setback from 25 feet to 20 feet as regulated in the Planned District Ordinance #2000-108 of the City of St. Charles Code of Ordinances. The property is zoned PD-R Planned Development Residential District (Ward 4). Adjournment The next meeting of the Board of Adjustment is scheduled for Monday, May 8, 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 Board of Adjustment Agenda 1 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 4/6/2023 @ 3:30 pm by DKL Board of Adjustment Agenda 2  AGENDA ITEM #1 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2023-05 6 SAG HARBOR COURT APRIL 10, 2023 BY LARA BERRY GENERAL INFORMATION Applicant: Tim Flaker 1529 Treetop Drive St. Charles, MO 63303 Property Owner: Patricia Jones 6 Sag Harbor Court St. Charles, MO 63303 Location: 6 Sag Harbor Court Ward 4 Request: Request to decrease the required rear yard setback from 25 feet to 20 feet as regulated in the Planned District Ordinance #2000-108 of the City of St. Charles Code of Ordinances. Zoning: PD-R Planned Development Residential District Adjacent Zoning & Land Use: Direction Zoning Land Use North, South, East PD-R Single-family dwellings and West ANALYSIS The subject property is 3,051 square feet and is zoned PD-R Planned Development Residential District. The property is located within Ward 4 and is an attached single-family dwelling within The Hamptons Subdivision. The applicant has submitted a request for a variance to decrease the rear yard setback from twenty-five (25) feet to twenty-two (22) feet in order to construct a room addition. Deck enclosures that consist of any material other than screening, such as glass or solid walls are considered room additions and must meet the required rear yard setback for the zoning district in which they are located. Per the Development Plan approved by the City via Ordinance #00-108, this development requires a rear yard building setback of 25 feet. While the Public Hearing Notice states a decrease from 25 feet to 20 feet, upon further review by staff, the request only needed to be reduced to 22 feet. Since the request is not more than what was advertised in the notice, it is not necessary to repost the request. Case No. BOA-2023-05 Page 2 6 Sag Harbor Court 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 rear yard setback should not be considered substantial since it decreases the setback by 3 feet (from 25 feet to 22 feet), or a 12% reduction. (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. The setback reduction request will not have an effect on neighbors as it does not directly abut any adjacent residences. As depicted in the figure (Figure 1 shown on the next page), the majority of the proposed addition complies with the required setbacks. Approximately 25 sf wedge of the overall proposed 224 sf addition is the only portion encroaching into the rear yard setback. Staff also notes that with the proposed addition, there will still be approximately 40 feet between the subject structure and the nearest neighboring structure. Staff has spoken with the neighboring property owner and they expressed their support of the request. Case No. BOA-2023-05 Page 3 6 Sag Harbor Court Area of Requested Variance Figure 1: Site Plan for proposed construction. (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 did not indicate a feasible alternative to this request on the application; however, staff notes that an alternative would be to decrease the size of the addition to comply with the required rear setback. (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 and Staff recognize the unique shape of the lot and the placement of the structure on the lot. The shape of the lot is unique in that the overall lot is not a traditional rectangle lot. The subject property is also a condominium style resubdivision, meaning there are two parcels for the residences with a common ground parcel that surrounds the two dwellings and their designated yard space. According to The Hamptons Covenants, the purpose of subdividing was to allow the owner to build a custom villa to include the exact footprint of the unit plus yard space in order to construct permanent improvements on such as a deck, addition or outdoor amenity. Case No. BOA-2023-05 Page 4 6 Sag Harbor Court The placement of the dwelling is also unique since it is attached to another dwelling and on a corner lot. Typically, the front door designates the principle entrance and the subject yard would be considered a side yard. However, in this case, since the property was designed with two dwellings, the shared lot line between the attached dwelling units would be considered the side yard, leaving the subject yard to be considered a rear yard. Staff believes the intent of this setback requirement is to prevent the construction of permanent structures within utility easements typically at the rear of properties and to require minimum separation between structures on adjacent properties. Generally, this ordinance would regulate a minimum separation of 25 feet between structures on adjacent lots. The requested variance would still allow for ample separation between this structure and any surrounding structures and the proposed addition will be located within the designated yard space included with the condominium plat. Because the proposed addition will not encroach into any utility easement and there is common ground adjacent to the vicinity of the variance request, this provides justification for the variance. STAFF RECOMMENDATION After review of the request and all pertinent information, the Department of Community Development recommends that the request to decrease the minimum rear yard setback for a residential addition be APPROVED. Case No. BOA-2023-05 Page 5 6 Sag Harbor Court Figure 2: Aerial of Subject Property Case No. BOA-2023-05 Page 6 6 Sag Harbor Court Location of proposed addition. Figure 3: Distances between proposed addition and surrounding structures. BOA-2023-05  March 24, 2023 HAMPTONS HOMEOWNERS ASSOCIATION 400 N 5TH ST ST CHARLES MO 63301 Re: Board of Adjustment – Case No. 2023-05 6 Sag Harbor Court Dear Property Owner: As the owner of property adjacent to or within 300 feet of the property referenced above, 6 Sag Harbor Court (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 Tim Flaker. A request to decrease the required rear yard setback from 25 feet to 20 feet as regulated in the Planned District Ordinance #2000-108 of the City of St. Charles Code of Ordinances. The property is zoned PD-R Planned Development Residential District (Ward 4). The Board of Adjustment will hold a public hearing on this application at 6:00 p.m. on Monday, April 10, 2023 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 BOA-2023-05: 6 SAG HARBOR COURT Owner SiteAddres MailingAdd CITYSTATE ZIP HAMPTONS HOMEOWNERS ASSOCIATION SAG HARBOR CT 400 N 5TH ST ST CHARLES MO63301 HEMSATH PROPERTY TRUST 10 KUNZE DR 1278 JUNGERMANN RD STE F ST PETERS MO 63376 HEMSATH PROPERTY TRUST 735 HEMSATH RD 1278 JUNGERMANN RD STE F ST PETERS MO 63376 HAMPTONS HOMEOWNERS ASSOCIATION SAG HARBOR CT 400 N 5TH ST ST CHARLES MO63301 HAMPTONS PD-R HOMEOWNERS ASSOCIATION SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 EAST ASHLEY PLACE HOMEOWNERS ASSOCIATION ASHLEY PLACE DR 400 N 5TH ST STE 201 ST CHARLES MO63301 EPPALAPELLI SRINIVAS*SAMALA POORNIMA 2301 ASHLEY PLACE DR 2301 ASHLEY PLACE DR ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOCIATION ASHLEY PLACE DR 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 HAMPTONS HOMEOWNERS ASSOCIATION SAG HARBOR CT 400 N 5TH ST ST CHARLES MO63301 JAMERSON PATRICIA A REVOC LIV TRUST ASHLEY PLACE DR 1256 EMERALD GARDENS DR ST PETERS MO 63376 POERTNER DANIEL PAUL*POERTNER DEBORAH 806 HEMSATH RD 806 HEMSATH RD ST CHARLES MO 63303-5923 HAMPTONS PD-R HOMEOWNERS ASSOC THE SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 THE HAMPTONS PDR HOMEOWNERS ASSOCIATION SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 TERBROCK LAWRENCE M*TERBROCK SHARON A 10 SAG HARBOR CT 10 SAG HARBOR CT ST CHARLES MO63303 SCHAEFER DONALD*SCHAEFER RICHARD*SCHAEFER KEVIN HEMSATH RD 860 HWY T FORISTELL MO 63348 MCGHEE DOUGLAS*MCGHEE KRISTINE 50 SAG HARBOR CT 50 SAG HARBOR CT ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOC SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOC THE SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOC THE SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOC THE SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 RITTER GLENN W*RITTER ANNE M 42 SAG HARBOR CT 42 SAG HARBOR CT ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOC THE SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 DICKHANS ROLAND L JR*DICKHANS CHRISTINA L 26 SAG HARBOR CT 26 SAG HARBOR CT ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOC SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 PORTER MARGARET M TRUST 24 SAG HARBOR CT 24 SAG HARBOR CT ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOC SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOCIATION SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOC SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 JONES PATRICIA A TRUST 6 SAG HARBOR CT 6 SAG HARBOR CT ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOC THE SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOCIATION SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 THOMPSON CHARLES M*THOMPSON JANET A JOINT REVOC TRUST 18 SAG HARBOR CT 18 SAG HARBOR CT ST CHARLES MO63303 SNYDER SANDRA K REVOC TRUST 48 SAG HARBOR CT 48 SAG HARBOR CT ST CHARLES MO63303 HUDDLESTON BRICE III*HUDDLESTON MELONI ANN 40 SAG HARBOR CT 40 SAG HARBOR CT ST CHARLES MO63303 MODGLIN BRIAN KEITH*MODGLIN PAULA 44 SAG HARBOR CT 44 SAG HARBOR CT ST CHARLES MO63303 HUGHES FAM REVOC TRUST 20 SAG HARBOR CT 20 SAG HARBOR CT ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOCIATION SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOCIATION SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 MCKINLEY RANDALL D*MCKINLEY D RENEE 2 SAG HARBOR CT 2 SAG HARBOR CT ST CHARLES MO63303 MCFARLAND MARLENE ANN REVOC TRUST 12 SAG HARBOR CT 13105 VANDERBILT DR UNIT 708 NAPLES FL 34110 HAMPTONS PD-R HOMEOWNERS ASSOCIATION SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 GREEN MICHAEL W*GREEN LUCIA M 52 SAG HARBOR CT 52 SAG HARBOR CT ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOCIATION SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 2009 J SCHEIDEGGER FAMILY TRUST THE 14 SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 BOWEN FAM TRUST 54 SAG HARBOR CT 54 SAG HARBOR CT ST CHARLES MO63303 SNIDER RONALD K*SNIDER DANA A 46 SAG HARBOR CT 46 SAG HARBOR CT ST CHARLES MO63303 HAMPTON HOMEOWNERS ASSOC SAG HARBOR CT 2500 OLD HWY S 94 STE 200 ST CHARLES MO63303 WILLBRAND WILLIAM F*WILLBRAND GERALYN 8 SAG HARBOR CT 8 SAG HARBOR CT ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOC SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303 BIESINGER THOMAS C*BIESINGER KATHLEEN A REVOC LIV TRUST 4 SAG HARBOR CT 4 SAG HARBOR CT ST CHARLES MO63303 HAMPTONS PD-R HOMEOWNERS ASSOC THE SAG HARBOR CT 2500 S OLD HWY 94 STE 200 ST CHARLES MO63303