Board of Adjustment

BOARD OF ADJUSTMENT AGENDA June 5, 2023 BOARD OF ADJUSTMENT: Richard Alferman, Chair Latonya Grotegeers, Vice-Chair Maureen Rogers-Bouxsein, Secretary Marita Malone 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, June 5, 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-2023-06. Address: 1303 N 3rd Street (Aaron Dippold). A request to decrease the minimum setback for a six (6) foot tall fence on a corner lot, within a required front yard on the side of a property not used as a principal entrance, from ten (10) feet to eight (8) feet as regulated in Section 400.550(A)(2)(a)(2)(d) of the City of St. Charles Code of Ordinances. The property is currently zoned R-1E/FPD Single- Family Residential District within the Frenchtown Preservation District (Ward 1). 2. Case No. BOA-2023-08. Address: 1201 S Main Street (John Wehrle). A request to decrease the minimum setback from the side yard lot line for an accessory structure (storage shed) from five (5) feet to one (1) foot as regulated in Section 400.530(A)(3) of the City of St. Charles Code of Ordinances. The property is zoned HCD/LMPD Historic Commercial District within the Landmarks Preservation District (Ward 2). Withdrawn by applicant. Adjournment Board of Adjustment Agenda 1 The next meeting of the Board of Adjustment is scheduled for Monday, J, 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 6/1/2023 @ 4:00 pm by DKL Board of Adjustment Agenda 2  AGENDA ITEM #1 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2023-06 1303 N 3RD STREET JUNE 5, 2023 BY MADELYN EVERSMAN GENERAL INFORMATION Owner/Applicant: Aaron Dippold 1303 N 3rd Street St. Charles, Missouri 63301 Location: 1303 N 3rd Street Ward 1 Request: A request to decrease the minimum setback for a six (6) foot tall fence on a corner lot, within a required front yard on the side of a property not used as a principal entrance, from ten (10) feet to eight (8) feet as regulated in Section 400.550(A)(2)(a)(2)(d) 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 R-1E/FPD Single-Family Dwellings South R-1E/FPD Single-Family Dwellings East R-1E/FPD Single-Family Dwellings West R-1E/FPD Single-Family Dwellings ANALYSIS The subject property is approximately 13,500 square feet and is zoned R-1E Single-Family Residential District within the Frenchtown Preservation District located at the northwest corner of the intersection of N Third Street and Randolph Street. The applicant is requesting a decrease in the minimum setback within a required front yard for a (6) foot tall fence on a corner lot, within a required front yard on the side of a property not used as a principal entrance, from ten (10) feet to eight (8) feet. If this variance request is approved, the applicant will be required to obtain Landmarks Board approval as well as approval of a fence permit from the City. 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 Case No. BOA-2023-06 Page 2 1303 N 3rd Street zoning ordinance from invalidation, variances are typically granted because of conditions or circumstances existing that are peculiar to the property or lot of record and not the result of the actions of the applicant. Pursuant to §400.1080, the power to hear and decide variance cases regarding the requirements of Chapter 400 (Zoning Code) lies with the Board of Adjustment. The Board’s decision is considered a quasi-judicial act; thus, the board shall consider the evidence submitted by staff, as well as the evidence presented by the applicant and make a finding with regard to the request for a variance. The decision of the Board is subject to appeal to the Circuit Court of St. Charles County. In addition to the criteria established §400.1090(E & F), G of the same section provides additional policies that should be considered before a ruling on a variance. Therein, it establishes that (1) financial disadvantages to the property owner shall not constitute conclusive proof of unnecessary hardships within the purpose of zoning; (2) the Board does not possess the power to grant a zoning variance permitting the use of land or buildings that is not included as a use in the district involved; (3) in granting a variance, the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of the chapter; and (4) the Board shall study the effects of such proposed buildings or use upon the character of the neighborhood, traffic conditions, public utilities and other matters pertaining to the general welfare. According to §400.1090 (F), the following factors are relevant to determining whether strict application of the regulation would result in practical difficulties or unnecessary hardship: (1) Size of the variance. The relationship of the requested variance to the requirements of the applicable zoning regulations, i.e. a five foot variance is substantial if the required setback is seven feet; it is not as substantial if the required setback is 100 feet. The request to decrease the minimum setback can be considered not substantial. The applicant is requesting a variance to decrease the required setback from ten (10) feet to eight (8) feet. This is a 20% decrease, which is considered not substantial as it is less than 25%. (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 negative impacts on adjacent properties. Fences of this nature on corner lots are fairly common in the historic areas of town and provide backyard privacy for the property owners. The proposed fence location is compliant with the thirty (30) foot sight distance triangle as shown in the applicant’s submittal and should not block views from the intersection of N Third Street and Randolph Street. Case No. BOA-2023-06 Page 3 1303 N 3rd Street Figure 1: Sight Triangle. Figure 2: Site Plan of proposed fence. Case No. BOA-2023-06 Page 4 1303 N 3rd Street (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 a specific alternative to the proposed request with this application. City Code allows fences to be located within this area of a front yard as long as the spacing between the fence pickets are equal to or greater than the width of the pickets. The 10 foot setback is required in this instance because this fence is a privacy fence and does not have large enough spacing between the pickets. Staff notes there are other options available to the applicant; 1) there is space on the property to move the fence to at least 10 feet off of the frontage as required by code or 2) change the style of fence to a non-privacy fence (change in picket spacing). (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 fence is proposed within the front yard of a corner lot on the side that is not the principal entrance/frontage. While there is space on the property to move the fence inward off of the frontage and/or the applicant could change the style of fence to allow for additional picket spacing, reducing the fence setback as requested would not provide much of an impact. Lots within the City’s historic districts are narrower compared to modern lots designed to current code standards. Given this, Staff believes the approval of this request could be considered a just action. 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-2023-06 Page 5 1303 N 3rd Street Figure 3: Example of proposed fence. Figure 5: Aerial Photo of Subject Property Figure 4: Survey of property. Case No. BOA-2023-06 Page 6 1303 N 3rd Street Figure 5: Aerial view of property. Case No. BOA-2023-06 Page 7 1303 N 3rd Street Figure 6: Street view of proposed fence location. Figure 7: Street view of proposed fence location.  DEPARTMENT OF COMMUNITY DEVELOPMENT 200 North Second Street, Suite 303 Saint Charles, MO 63301 636-949-3227 FAX 636-949-3557 APPLICATION FOR FILING AN APPEAL TO THE BOARD OF ADJUSTMENT CASE # (assigned by Staff): ____________ DATE FILED:_______________ 1303 N 3RD ST ST CHARLES MO 63301 ADDRESS OF PROPERTY :_____________________________________________________ PROPERTY OWNER: AARON DIPPOLD __________________________________________________________ (Name) 1303 N 3RD ST ST CHARLES MO 63301 __________________________________________________________ (Address / Phone / Fax) APPLICANT: AARON DIPPOLD __________________________________________________________ (Name) 1303 N 3RD ST ST CHARLES MO 63301 / 314-640-9980 __________________________________________________________ (Address / Phone/ Fax) aarondippold@irreco.com __________________________________________________________ (Email Address REQUIRED) ZONING INFORMATION: Legal Description: (must be attached) Present RESIDENTIAL zoning:_________________________________________________________________ Current RESIDENTIAL use:___________________________________________________________________ TO INSTALL A 6 FOOT PRIVACY FENCE WITH A SET BACK LESS Proposal: ____________________________________________________________ ________ THAN THE REQUIRED SET BACK. THE HOME AT 1303 N 3RD IS SET ______________________________________________________________________ BACK LESS THAN THE REQUIRED FENCE SET BACK. _______________________________________________________________________ Ordinance or Section number from which the variance is being requested:____________________ 400.550 ________________________________________________________________________ The following are the criteria that the Board of Adjustment must consider when hearing an appeal to the zoning ordinance. Please address the following criteria in relation to your request: 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. 8’ SET BACK FROM ROAD EDGE (RANDOLPH) __________________________________________________________________ _________________________________________________________________ ___________________________________________________________________ 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 EFFECT. FENCE PANELS CAN BE EASILY REMOVED UNLIKE ___________________________________________________________________ WOODEN FENCE PANELS TO ACCESS THE ENTIRE YARD. _________________________________________________________________ ___________________________________________________________________ 3. Effect on the Neighbors or Neighborhood. The effect of the requested variance on adjoining properties or on the character of the neighborhood generally. A WHITE VINYL FENCE IS MADE TO MIMIC A WOODEN PAINTED BUT ___________________________________________________________________ REQUIRES NO MAINTENANCE AND WILL NEVER NEED REPAINTED. A _________________________________________________________________ WHITEWASHED WOODEN PRIVACY FENCE IS TIME PERIOD CORRECT. ___________________________________________________________________ 4. Alternatives to a variance. The existence of a feasible alternative to the applicant=s proposal or other means of alleviating the hardship. SEE ATTACHMENTS FOR NEIGHBORING CORNER LOTS. THE ___________________________________________________________________ REQUEST IS FOR A SET BACK GREATER THAN NEIGHBORS FENCES. _________________________________________________________________ ___________________________________________________________________ 5. Justice. The granting of the variance is a just action. The cause of the difficulty - 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: N/A A VINYL IS ONE OF THE MOST EXPENSIVE MATERIALS THAT ___________________________________________________________________ CAN BE USED WHEN BUILDING A FENCE. IT LOOKS LIKE A FRESHLY _________________________________________________________________ PAINTED FENCE FOR LIFE OF THE PRODUCT. ___________________________________________________________________ One (1) copy of the following shall be submitted when filing for an appeal to the Board of Adjustment. Digital submittal of application preferred via BOA@stcharlescitymo.gov. Directions for digital submittal are attached. 1. A complete application. Please answer every question as completely as possible. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 2. A complete site plan of the property and all structures located on the property. Including but not limited to: a. The actual shape and dimension of the lot. b. Any existing or proposed building, accessory building, and their locations upon the lot. c. Any existing or proposed parking spaces, driveway entrances and exits, street, alleys, creeks, etc. d. The existing and intended use of each building or part of a building. e. Photos of existing structures. f. Any other information with regard to the lot and neighboring lots as may be necessary. * Depending on the specifics of the case, the applicant (s) may be required to submit further information deemed necessary. 3. Signature by the legal owner or an attached affidavit by the legal owner authorizing the Board of Adjustment action. I (We), the undersigned, file this petition for a Board of Adjustment action and authorize the Department of Community Development to post the above described property with a notice describing the action applied for and the date of the public hearing on such action, I (We) also understand that property owners within three hundred (300) feet of the petitioned property will be notified by letter of the requested action by the Department of Community Development. Applicants wishing to have a transcript of their hearing must contact the Department of Community Development and request the transcript within 20 days following the appeal. The applicant will be responsible for paying for the expense of the transcript. Transcripts will not be available beyond the 30 days following the date of the appeal. The above statements and the statements contained in all of the attached exhibits transmitted herewith are true, to the best of my knowledge. Signature of the applicant: _______________________________ Date: 4/17/23 ________________________ Signature of the property owner: __________________________ Date: 4/17/23 ________________________ NOTE: APPLICANTS ARE REQUIRED TO ATTEND THE ASSIGNED HEARING. Application fee for 1st variance: $150.00 Application fee for additional variance on same property: $50.00 Existing duplex unit or existing single family home: $50.00 Directions for Digital Submittal 1. Complete the applicable form for the requested review (forms may be found at the following link - https://www.stcharlescitymo.gov/518/Forms) 2. Attach the application and required plans and send to the email address below. If the attachments exceed 10mb, please provide information on location for file share download for staff.  BOA@stcharlescitymo.gov The Board of Adjustment (variances) 3. Once the email is sent, the Department will respond with an automatic email letting you know we have received the application and staff will contact you will applicable information on future agenda placement or if additional items are required. If you do not receive an automated response to your submittal email, please contact the Community Development Department at (636) 949- 3222. 4. Submit application fee (if applicable) via mail to: Department of Community Development 200 North 2nd Street, Suite 303 St. Charles, MO 63301 5. Once receive, staff will evaluate your request and provide comments (if any) via email with a deadline for re-submittal and provide directions for paper submittals for the Board/Commission packet. 6. After the submittal has been revised, email the applicable plan reviewer a digital copy and provide necessary paper copies as requested.  Future Garage. Maybe? Not yet proposed. Proposed 6’ White Vinyl Fence Existing 6’ White Vinyl Fence 8 Feet From Road Edge THE DIPPOLD RESIDENCE SCALE: 1" = 8' 0" 8350 OLIVE BLVD 1203 N. 3RD STREET DATE: NOVEMBER 16, 2022 SUITE C SAINT CHARLES, MO 63301 DRAWN BY: R. EISELE ST. LOUIS, MO 63132 info@irreco.com Owner SiteAddres MailingAdd CITYSTATE ZIP WAMBLE TAMMY 1401 N 2ND ST 1401 N 2ND ST ST CHARLES MO 63301 JOHNSON FAMILY REVOC 1400 N 3RD ST 1400 N 3RD ST ST CHARLES MO 63301 TRUST STARK-JOHNSON BETH 1404 N 3RD ST 1404 N 3RD ST ST CHARLES MO 63301 LYNN WILLE TIMOTHY 1317 N 2ND ST 1317 N 2ND ST ST CHARLES MO 63301 JAMES*WILLE CARA R TARSI JAIME 1311 N 2ND ST 1407 COBURG LANDS DR SAINT LOUIS MO 63137 LUTZ JULIUS KEITH*LUTZ 1305 N 2ND ST 709 N 4TH ST ST CHARLES MO 63301 MICHELLE KIRKWOOD 1300 N 3RD ST 1300 N 3RD ST ST CHARLES MO 63301-2112 DAVID*KIRKWOOD MCCULLOCH STACIE 1304 N 3RD ST 1304 N 3RD ST ST CHARLES MO 63301-2112 A*MCCULLOCH DIANE E DUNHAM JOHN D 1314 N 3RD ST 1314 N 3RD STREET ST CHARLES MO 63301 DAVIS ETHAN L 1318 N 3RD ST 1318 N 3RD ST ST CHARLES MO 63301 STOUT ANTHONY 1324 N 3RD ST 1324 N 3RD ST ST CHARLES MO 63301 W*STOUT DONNA L BRODEUR CHRISTINE BESSELMAN MARK R 1323 N 2ND ST 233 MONTGOMERY ST ST CHARLES MO 63301 R*BESSELMAN KATHERINE 1301 N 2ND ST 1301 N 2ND ST ST CHARLES MO 63301 M NITCHMAN MARK 1310 N 3RD ST 1310 N 3RD ST ST CHARLES MO 63301 C*NITCHMAN SUSAN R BRODEUR CHRISTINE R 1325 N 2ND ST 233 MONTGOMERY ST ST CHARLES MO 63301 CJM HOLDINGS LLC 1215 N 2ND ST 226 TRAILTOP CT CHESTERFIELD MO 63017 LUTZ JULIUS KEITH*LUTZ 1219 N 2ND ST 709 N 4TH ST ST CHARLES MO 63301 MICHELLE ERMELING FAMILY 1227 N 2ND ST 3248 PRINCIPIA AVE ST CHARLES MO 63301 INVESTMENT TRUST BALOG INVESTMENTS LLC N 2ND ST 1205 N 2ND ST ST CHARLES MO 63301 BALOG INVESTMENTS LLC 1205 N 2ND ST 1205 N 2ND ST ST CHARLES MO 63301 DUNNING 63301 JOSHUA*DUNNING SARAH 1200 N 3RD ST 1200 N 3RD ST ST CHARLES MO KENTMORE LLC 1212 N 3RD ST 224 LADERA LN WASHINGTON MO 63090 PLACKEMEIER RENTALS LLC 1218 N 3RD ST 2364 DE LA CROIX AVE ST CHARLES MO 63301 SCHWEINBOLD TODD 1226 N 3RD ST 1226 N THIRD ST ST CHARLES MO 63301-2110 FALLS BRANDON 1208 N 3RD ST 1208 N 3RD ST ST CHARLES MO 63301 221 W WARREN R LANCE RANDOLPH ST 221 W RANDOLPH ST ST CHARLES MO 63301-2145 HUBERT ANGELA SUE 1205 N 3RD ST 1205 N 3RD ST ST CHARLES MO 63301 MEISER STEVEN R*MEISER 1227 N 3RD ST 1227 N 3RD ST ST CHARLES MO 63301 MONA L BRUNJES VALARIE E 1226 N 4TH ST 1226 N 4TH ST ST CHARLES MO 63301 COGDILL DANIEL 1222 N 4TH ST 81 BARTON PL ST CHARLES MO 63301 E*COGDILL HOWARD E REED DAVID L*REED JANET 1208 N 4TH ST 5113 WHITEHEAD RD HILLSBORO MO 63050 H ALEXANDER TIMOTHY M 1200 N 4TH ST 1200 N 4TH ST ST CHARLES MO 63301-2009 HOUSE JANET L 318 BAYARD ST 318 BAYARD ST ST CHARLES MO 63301-2011 LANE SHARON R 1209 N 3RD ST 1209 N 3RD ST ST CHARLES MO 63301 DIPPOLD 1303 N 3RD ST 1303 N 3RD ST ST CHARLES MO 63301-2111 JESSALYN*DIPPOLD AARON BABRICK JOHN M*BABRICK 1311 N 3RD ST 1311 N 3RD ST APT B ST CHARLES MO 63301 JEAN A DAILEY STEPHANIE E 1321 N 3RD ST 1321 N 3RD ST ST CHARLES MO 63301 WRIGHT SCARLET 1317 N 3RD ST 1317 N 3RD ST ST CHARLES MO 63301-2111 WEATHERFORD CHARLES 1327 N 3RD ST 1327 N 3RD ST ST CHARLES MO 63301 SR*WEATHERFORD EMMA CITY OF ST CHARLES WOOD ST 200 N 2ND ST ST CHARLES MO 63301 CITY OF ST CHARLES W RANDOLPH 200 N 2ND ST ST CHARLES MO 63301 MISSOURI ST RIDINGS TANNER*RIDINGS 1401 N 3RD ST 1401 N 3RD ST ST CHARLES MO 63301-2113 ALEXANDRA BOUXSEIN RICHARD*BOUXSEIN 1409 N 3RD ST 1409 N 3RD ST ST CHARLES MO 63301 MAUREEN LINKE KURT G 1400 N 4TH ST 2932 ROCKWOOD TRL ST CHARLES MO 63303 CALVERT PATRICIA J 1406 N 4TH ST 1406 N 4TH ST ST CHARLES MO 63301 NOCTURNAL 1427 N 4TH ST 1427 N 4TH ST ST CHARLES MO 63301 MOTORWORKS LLC VIRUS JOHN C 1319 N 4TH ST 5440 LOUIE LN STE 106 RENO NV 89511 RJM 1301 N 4TH ST LAKE ST LOUIS MO 63367 INVESTMENT/DEVELOPME 133 EAGLE ESTATES DR HUTCHINJER PROPERTIES 410 WOOD ST 5234 GUTERMUTH RD ST CHARLES MO 63304 LLC ON SITE AIRCRAFT SERVICE 1219 N 4TH ST 1219 N 4TH ST 63301 INC ST CHARLES MO WRIGHT KAITLIN 1209 N 4TH ST 1209 N 4TH ST ST CHARLES MO 63301 P4 PROPERTIES LLC 1216 N 4TH ST 48 NORTHMOOR CIR LAKE ST LOUIS MO 63367 P4 PROPERTIES LLC 1212 N 4TH ST 48 NORTHMOOR CIR LAKE ST LOUIS MO 63367 CITY OF ST CHARLES N 3RD ST 200 N 2ND ST ST CHARLES MO 63301 CITY OF ST CHARLES N 3RD ST 200 N 2ND ST ST CHARLES MO 63301