Board of Adjustment

BOARD OF ADJUSTMENT AGENDA July 10, 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, July 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-2023-11 Address: 2151 Bluestone Drive (Russ Mason-Fast Signs) A request to decrease the minimum size for an individual business to occupy a freestanding sign within a complex from eight (8) square feet to two point six (2.6) square feet as regulated in Section 400.1720(A)(4)(b) of the City of St. Charles Code of Ordinances The property is currently zoned C-2 General Business District (Ward 4). 2. Case No. BOA-2023-09. (Boones Lick Development LLC) The properties are generally located east of S. 5th Street, north of Sandra Avenue and south of Boones Lick Road and consists of multiple parcels of land, totaling 4.85 acres (more or less). The request is to decrease the minimum site size for a Planned Development District from five (5) acres to 4.85 acres as regulated in Section 400.840 of the City of St. Charles Code of Ordinances. The properties are currently zoned CRD-2/LMPD Central Residential District-2 within the Landmarks Preservation District, C-1/LMPD Neighborhood Business District within the Landmarks Preservation District, C-1/EHP Neighborhood Business District within the Extended Historic Preservation District, C-2/LMPD General Business District within the Landmarks Preservation District, and R-1E/EHP Single Family Residential District within the Extended Historic Preservation District (Ward 2). The applicant requested this item be tabled to the August 7, 2023 meeting. Board of Adjustment Agenda 1  3. Case No. BOA-2023-10 Address: 1930 Sibley Street (Coach House Garages) Two requests 1.) A request to decrease the minimum side setback for an accessory building, from five (5) feet to two (2) feet as regulated in Section 400.530(A)(3); and 2.) A request to decrease the minimum setback for an accessory building to the main building, from ten (10) feet to 2.5 feet as regulated in Section 400.530(A)(4) of the City of St. Charles Code of Ordinances. The property is currently zoned R- 1E/EHP Single-Family Residential District and within the Extended Historic Preservation District (Ward 9). Withdrawn by applicant. Adjournment The next meeting of the Board of Adjustment is scheduled for Monday, August 7, 2023 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 7/7/2023 @ 10:00 am by DKL Board of Adjustment Agenda 2  AGENDA ITEM #1 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2023-11 2151 BLUESTONE DR JULY 10, 2023 BY MADELYN EVERSMAN GENERAL INFORMATION Applicant: Russ Mason Fast Signs 4101 Mexico Rd Suite C St. Peters, Missouri 63376 Owner: Burkemper Real Estate 1211 S Duchesne Dr St. Charles, Missouri 63301 Location: 2151 Bluestone Drive Ward 4 Request: A request to decrease the minimum size for an individual business to occupy a freestanding sign within a complex from eight (8) square feet to two point six (2.6) square feet as regulated in Section 400.1720(A)(4)(b) 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 (County) Commercial South I-1 Commercial East C-2 Commercial West C-2 Commercial ANALYSIS The subject property is approximately 2.5 acres and is zoned C-2 General Business District located at the northwest corner of the intersection of Bluestone and Portwest Dr. The applicant has submitted a request to decrease the minimum size for an individual business to occupy a freestanding sign within a complex from eight (8) square feet to two point six (2.6). If this variance request is approved, the applicant will be required to obtain approval of a sign permit from the City. Case No. BOA-2023-11 Page 2 2151 Bluestone Dr 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 minimum size for an individual business on a freestanding sign is considered substantial. The applicant is requesting a variance to decrease the required size from (8) square feet to two point six (2.6) feet. This is a 32.5% decrease, which is considered substantial as it is more 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 a negative impact on the adjacent properties. Neighboring businesses have signs that are more consistent in size to what the applicant is requesting. Case No. BOA-2023-11 Page 3 2151 Bluestone Dr (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 provided the option of building a larger sign as an alternative to the proposed request with this application. However, staff has noted that this is not a feasible alternative due to the existing total aggregate sign area the individual businesses within the complex currently occupy. (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. City code requires that each individual business occupy 8 square feet on a shared freestanding sign. The intent of this code requirement is to ensure legibility of the sign at a distance. However, this requirement is subjective and exceptions may be made while still meeting the spirit and intent of the code. The location for the proposed sign would be in close proximity to the right away at the corner of Bluestone and Portwest. With the close proximity and the requested variance size, the 2.6 square foot sign text for each business would be readable from the street. Given this, Staff believes the approval of this request could be considered a just action. Additionally, the area occupied shall be counted as a portion of the total aggregate sign area allowed for an individual business. Due to the existing wall signage, some businesses do not have enough allowed signage to occupy an additional 8 square feet. Decreasing the minimum requirement would allow each business to occupy the sign without exceeding their allowed total aggregate sign area. 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-2023-11 Page 4 2151 Bluestone Dr Figure 1: Aerial Photo of Subject Property. Figure 1: Street View of Subject Property. Case No. BOA-2023-11 Page 5 2151 Bluestone Dr Figure 3: Proposed sign dimensions. Figure 4: Proposed sign location.  4101 Mexico Rd., Suite C St. Peters, MO 63376 (636) 875-7337 Text: 2151-2171 BLUESTONE DRIVE (address on top) Each Business listed: 2151-2171 BLUESTONE DRIVE BERKTSHIRE HATHAWAY St. Charles SOUTHWEST HEARING MO CONTINENTAL TITLE MARINER FINANCE - White background w/ black block letters Description: SLAT SIGN SYSTEM, TONGUE & GROOVE PAIR OF 2" X 3" X 9' SLOTTED POSTS WITH FLAT CAPS. 12" 04/28/2023 X 70" X 2" HEADER. FOUR 8" X 72" SLATS. 3-1/2" BOTTOM RETAINER. Side(s): Double Sided Height: 47.5 in Width: 72 in Background Color: STOCK POWDER Sign will be set in concrete a minimum 24 24 inches deep.  June 23, 2023 Re: Board of Adjustment – Case No. BOA-2023-11 2151 Bluestone Drive Dear Property Owner: As the owner of property adjacent to or within 300 feet of the property referenced above, 2151 Bluestone Drive (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 Russ Mason with Fast Signs to decrease the minimum size for an individual business to occupy a freestanding sign within a complex from eight (8) square feet to two point six (2.6) square feet as regulated in Section 400.1720(A)(4)(b) of the City of St. Charles Code of Ordinances. The property is currently zoned C-2 General Business District (Ward 4). The Board of Adjustment will hold a public hearing on this application at 6:00 p.m. on Monday, July 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. Madelyn Eversman Planner Department of Community Development BOA-2023-11: 2151 BLUESTONE DR Location of the Proposed Sign Owner SiteAddres MailingAdd CITYSTATE ZIP SECURITY STORAGE SYSTEMS LLC 2130 S OLD HWY 94 9909 CLAYTON RD LADUE MO 63124 UNION ELECTRIC CO 2100 BLUESTONE DR PO BOX 66149 MC 210 ST LOUIS MO 63166-6149 BLANCHETTE BUSINESS CENTRE TRUSTEES BLUESTONE DR 2270 BLUESTONE DR ST CHARLES MO 63303 MSTD PROPERTIES LLC 2240 PORTWEST CT 1211 S DUCHESNE DR ST CHARLES MO 63301 CITIZENS NATIONAL BANK OF GREATER ST 2145 BLUESTONE DR 7305 MANCHESTER RD ST LOUIS MO 63143 LOUIS MSTD PROPERTIES LLC 2255 BLUESTONE DR PO BOX 3475 TULSA OK 74101-3475 MSTD PROPERTIES LLC 2221 BLUESTONE DR 1211 S DUCHESNE DR ST CHARLES MO 63301 MSTD PROPERTIES LLC BLUESTONE DR 1211 S DUCHESNE DR ST CHARLES MO 63301 MSTD PROPERTIES LLC 2151 BLUESTONE DR 1211 S DUCHESNE DR ST CHARLES MO 63301 BURWICK JOINT VENTURE THE 2170 BLUESTONE DR 1211 S DUCHESNE DR ST CHARLES MO 63301 BURWICK JOINT VENTURES II 2156 BLUESTONE DR 1211 S DUCHESNE DR ST CHARLES MO 63301  AGENDA ITEM #2 Memorandum To: Board of Adjustment From: Lara Berry, Planner Meeting Date: June 29, 2023 Subject: Case No. BOA-2023-09: Request to Table ______ The applicant has requested this item to be TABLED in order to allow more time to prepare their documents/case for staff to review. If tabled, the public hearing should remain open until the August 7, 2023 meeting. 200 North Second Street Saint Charles, MO 63301 Ph: 636.949.3222 Fax: 636.949.3557 www.stcharlescitymo.gov  AGENDA ITEM #3 Memorandum To: Board of Adjustment From: Madelyn Eversman, Planner Meeting Date: June 26, 2023 Subject: Case No. BOA-2023-10: Request to Withdraw ______ The following item was removed from the agenda by request of the applicant. No further action is needed. 200 North Second Street Saint Charles, MO 63301 Ph: 636.949.3222 Fax: 636.949.3557 www.stcharlescitymo.gov