Board of Adjustment

BOARD OF ADJUSTMENT AGENDA February 5, 2024 BOARD OF ADJUSTMENT: Richard Alferman, Chair Don Garrison Jr., Alternate Latonya Grotegeers, Vice-Chair Brian Andrzejewski, Alternate Maureen Rogers-Bouxsein, Secretary Bob Kneemiller, Alternate Marita Malone Randall Perkinson 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, February 5, 2024 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-2024-01. Address: 3971 Huster Road (Greg Meyer – 207 LLC) A request to appeal the decision/determination of an administrative official via Section 400.1080(A)(1) of the City of St. Charles Code of Ordinances. This request is specific to challenge the decision/determination of City Staff that a land use was designated as “Temporary storage of trailers” regulated via Section 400.320(C)(1)(k) of the City of St. Charles Code of Ordinances. The applicant alleges this is an incorrect decision/determination by an administrative official and should be regulated as a “Truck terminal” via Section 400.240(B)(1) of the City of St. Charles Code of Ordinances. The property is currently zoned I-1/WHP Light Industrial District and within the Wellhead Protection District (Ward 8). The City requests this item be TABLED until the March 11, 2024 Board of Adjustment Meeting. 2. Case No. BOA-2024-02. Address: 1735 S. River Road (Master Signs) Three requests: 1) A request to increase the overall sign size for a freestanding identification sign (monument sign) from twenty-four (24) square feet to thirty-six (36) square feet as regulated in Section 400.1560(A)(1) of the City of St. Charles Code of Ordinances, 2) A request to increase the minimum number of items displayed on a freestanding identification sign (monument sign) Board of Adjustment Agenda 1  from eight (8) to thirteen (13) items as regulated in Section 400.1560(A)(5) of the City of St. Charles Code of Ordinances, and 3) A request to decrease the minimum tenant panel size on a freestanding sign within a complex/center from eight (8) square feet to 1.6 square feet as regulated in Section 400.1720(A)(4)(b) of the City of St. Charles Code of Ordinances. The property is zoned I-1 Light Industrial District (Ward 3). 3. Administrative Item. Election of Chair, Vice-Chair, and Secretary for 2024. Adjournment The next meeting of the Board of Adjustment is scheduled for Monday, March 11, 2024 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 1/31/2024 @ 4:15 pm by LB Board of Adjustment Agenda 2  AGENDA ITEM #1 Memorandum To: Board of Adjustment From: John Boyer, Assistant Director of Community Development Meeting Date: January 31, 2024 Subject: Case No. BOA-2024-01: Table ______ The City is requesting this item be TABLED until the March 11, 2024 meeting. The public hearing should remain open until the March 11, 2024 meeting. 200 North Second Street Saint Charles, MO 63301 Ph: 636.949.3222 Fax: 636.949.3557 www.stcharlescitymo.gov  AGENDA ITEM #2 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2024-02 1735 S. RIVER ROAD FEBRUARY 5, 2024 BY LARA BERRY GENERAL INFORMATION Property Owner: 1735 LLC The Wellington Group 1715 Deer Tracks Trail, Suite 220 St. Louis, Missouri 63131 Applicant: Mark Aschen Master Signs 927 S 5th Street St. Charles, Missouri 63301 Location: 1735 S. River Road Ward 3 Request: Three requests: 1) A request to increase the overall sign size for a freestanding identification sign (monument sign) from twenty-four (24) square feet to thirty-six (36) square feet as regulated in Section 400.1560(A)(1) of the City of St. Charles Code of Ordinances, 2) A request to increase the minimum number of items displayed on a freestanding identification sign (monument sign) from eight (8) to thirteen (13) items as regulated in Section 400.1560(A)(5) of the City of St. Charles Code of Ordinances, and 3) A request to decrease the minimum tenant panel size on a freestanding sign within a complex/center from eight (8) square feet to 1.6 square feet as regulated in Section 400.1720(A)(4)(b) of the City of St. Charles Code of Ordinances. Zoning: I-1 Light Industrial District Adjacent Zoning & Land Use: Direction Zoning Land Use North C-3 Government & Commercial South I-1 & County Auto Repair & Storage Lot East PD-MU Riverpointe (Vacant) West County Residential Case No. BOA-2024-02 Page 2 1735 S. River Road ANALYSIS The subject property is approximately five (5) acres and is zoned I-1 Light Industrial District. The property is located on the west side of S. River Road, between Old S. River Road and Orchard Lane. This existing office/warehouse building is currently undergoing interior alteration work by the property owner to convert the building into eleven (11) separate tenant spaces. The applicant is proposing a single thirty-six (36) square-foot freestanding sign to be located between the two separate entrances off of S. River Road. The proposed sign will feature a panel to display the name of each of the 11 tenants as well as information about the building management. In total, there are three (3) variances requested pertaining to the overall size, tenant panel size, and amount of information displayed on the proposed freestanding sign. The applicant is proposing a masonry base and landscaping compliant with the City’s Sign Code. Applicable Regulations: The applicant is requesting three (3) variances from the City’s Zoning ordinance, as follows:  §400.1560(A)(1) A "freestanding identification sign" is one which is erected or mounted on its own self-supporting permanent structure or base detached from any supporting elements of building. Requirements are as follows: Such signs, including their supporting structures, shall not exceed six (6) feet in height and such signs shall not exceed twenty- four (24) square feet in area.  §400.1560(A)(5) Including the business name, a maximum of eight (8) items of information may be displayed on a freestanding sign.  §400.1720(A)(4)(b) A freestanding sign identifying an individual business or businesses and/or the center shall be counted as a portion of the total aggregate sign area allowed for the business and in no instance shall an individual business occupy less than eight (8) square feet of the sign. 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 Case No. BOA-2024-02 Page 3 1735 S. River Road 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 increase the overall allowable sign area for one freestanding monument sign (24 square feet to 36 square feet) can be considered substantial since it increases the permitted sign area by 50%, or in other words twelve (12) square feet.  The request to increase the number of items of information displayed on a freestanding sign from eight (8) items to thirteen (13) items can be considered substantial since it increases the permitted number of display items by 62.5%, or in other words five (5) additional items.  The request to decrease the minimum tenant panel size from 8 square feet to 1.6 square feet can be considered substantial since it decreases the permitted tenant panel sign area by 80%, or in other words 6.4 square feet each. (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. However, staff notes that identification of each tenant in the building may be beneficial for fire/police services. (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 have no negative impact on adjacent properties. Businesses and development along S. River Road consist mainly of commercial/retail uses which surround the subject property. The only residential areas are on the opposite side of the building from the proposed sign location or sporadic further south along S. River Road. (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 with this application; however, staff has suggested and the property owner has been presented with the alternative of an On-Premise Electronic Message Sign. An electronic message sign could be constructed on the property to achieve the applicant’s intent without the need for a variance; however, it could lead to additional concerns with the overall visibility of each business located on the property. Each message shall have a minimum duration of eight (8) seconds as a static display. Passers-by would not have the opportunity to review all businesses without completely stopping their vehicle for over one minute. Case No. BOA-2024-02 Page 4 1735 S. River Road (5) Justice. The granting of a variance is a just action. The cause of the difficulty or the hardship should be unique to the land rather than to the applicant and should be related to the topography, configuration of the lot, or other characteristics of the land. The applicant or economic conditions should not be the cause of the difficulty. Without approval of the variance, construction of the freestanding monument sign as proposed would not be possible. The applicant notes on the submitted application form that the increased signage as proposed is due to the unique building configuration, passers-by would not be able to tell what tenants are located in the space. Some businesses do not have direct frontage for potential wall signage. Figure 2 on the following page is an image of the existing building which shows its unique design. The purpose of the Sign Code is to encourage the effective and efficient use of signs without creating overly distracting visual clutter. During this process, the applicant consulted with staff to propose a design that strikes a balance between maintaining the Sign Code’s purpose and accommodating the building’s tenant-space design. In staff’s opinion, this proposal was crafted to not only consider the community’s interest in the businesses located on the subject site but protects the overall aesthetics, safety and functionality of the area. While the increases are considered substantial in size, they are also relatively modest, minimizing any potential adverse impacts on the visual character of the surrounding area. Due to the subject property’s unique conditions, it is staff’s opinion that the requested freestanding sign as submitted at this location can be considered a just action. It is worth noting that the requested variances are not intended to set a precedent for widespread deviation from the established sign regulations. Rather, it is a targeted response to specific locations and justifiable needs. Any additional future signage that may be proposed shall comply with the City’s Sign Code or the applicant may be required to seek an additional variance if needed. STAFF RECOMMENDATION After review of the request and all pertinent information, the Department of Community Development recommends that the request be APPROVED, as submitted. Figure 1: Frontage along S. River Road. Case No. BOA-2024-02 Page 5 1735 S. River Road Entrance/ Entrance/ Exit Exit Approx. Proposed S. River Road Location Figure 2: Multi-tenant Floor Plan Figure 3: Proposed Sign Case No. BOA-2024-02 Page 6 1735 S. River Road Figure 4: Aerial of the subject property and the surrounding area.  AGENDA ITEM #3 Memorandum To: Board of Adjustment From: Madelyn Eversman, Planner Date: January 31, 2024 Subject: Annual Election of Officers __ The following regular members of the Board of Adjustment are eligible for Chairperson, Vice- Chairperson, and Secretary: Richard Alferman Latonya Grotegeers Marita Malone Maureen Rogers-Bouxsein Randall Perkinson The Board should elect one (1) individual to serve for each of the following positions: Chairperson, Vice-Chairperson, and Secretary.