Board of Adjustment

BOARD OF ADJUSTMENT AGENDA July 8, 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 John Morgan 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 8, 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 Approve the Minutes from the June 10, 2024 Meeting 1. Case No. BOA-2024-06. Address: 825 S. Main Street (William Schroer – St. Louis Distillery) A request to decrease the minimum rear yard setback for an accessory structure (detached garage) from thirty (30) feet to twenty (20) feet as regulated in Section 400.200(D)(5)(c) of the City of St. Charles Code of Ordinances. The property is zoned HCD/ SMPD Historic Commercial District and within the South Main Preservation District (Ward 2). Adjournment Board of Adjustment Agenda 1 The next meeting of the Board of Adjustment is scheduled for Monday, August 12, 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 7/5/2024 @ 4:00 pm by MPE Board of Adjustment Agenda 2  CITY OF ST CHARLES STATE OF MISSOURI BOARD OF ADJUSTMENT MEETING June 10, 2024 THE HONORABLE RICHARD ALFERMAN, CHAIRMAN PRESIDING TIME: 6:00 p.m. MINUTES By Madelyn Eversman City of St. Charles, Missouri 200 N Second Street St. Charles, Missouri 63301 (636) 949-3222  PROCEEDINGS (WHEREUPON, at 6:00 p.m. o’clock, Monday, June 10 2024, at the Saint Charles City Hall Building, 200 North Second Street, Fourth Floor, Saint Charles, Missouri, and the following proceedings were held, to- wit: with the following persons being present.) Richard Alferman, Chairman Maureen Rogers-Bouxsein, Secretary Marita Malone Latonya Grotegeers Don Garrison Madelyn Eversman, City Planner AGENDA ITEM #1 William Schroer (St. Louis Distillery) CASE NO. BOA-2024-06. ADDRESS: 825 S. MAIN STREET NO ACTION TAKEN ON THIS ITEM Meeting adjourned at 6:05 p.m.  AGENDA ITEM #1 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2024-06 825 S MAIN STREET JULY 8, 2024 BY MADELYN EVERSMAN GENERAL INFORMATION Owner/Applicant: William Schroer St. Louis Distillery 580 Lexington Landing Place St. Charles, Missouri 63303 Location: 825 S. Main Street Ward 2 Request: A request to decrease the minimum rear yard setback for an accessory structure (detached garage) from thirty (30) feet to twenty (20) feet as regulated in Section 400.200(D)(5)(c) of the City of St. Charles Code of Ordinances. Zoning: HCD/ SMPD Historic Commercial District and within the South Main Preservation District Adjacent Zoning & Land Use: Direction Zoning Land Use North HCD/SMPD Commercial South HCD/SMPD Commercial East HCD/SMPD Commercial West CRD-II/EHP Multi-Family Dwellings ANALYSIS The subject property is approximately 6,000 square feet and is HCD/SMPD Historic Commercial District and within the South Main Preservation District located west of South Main Street and South of Water Street. This property is the location of Cardinal Sin Distillery, which is a craft vodka distillery open to the public. The applicant is requesting a decrease in the minimum rear yard setback for a new accessory structure (detached garage) from thirty (30) feet to twenty (20) feet. The subject property has an existing, approximately 400 square foot structure. The proposed structure will serve to replace the existing with a larger, approximately 1,300 square foot structure. The purpose of the increase structure is to provide more space for both customers and storage. If this variance request is approved, the applicant will be required to obtain Landmarks Board approval as well as approval of a building permit from the City. Case No. BOA-2024-06 Page 2 825 S Main Street 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 setback can be considered substantial. The applicant is requesting a variance to decrease the required setback from thirty (30) feet to twenty (20) feet. This is a 33.3% 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 negative impacts on adjacent properties or on the character of the neighborhood. This property, among many surrounding properties, have non- conforming accessory buildings that have rear setbacks less than what is required with current code standards. This includes the two foot setback for the garages at 819 S Main Street and 715 S Main Street. The applicant is proposing to replace the existing non-conforming structure at this site with a new and larger structure. Similar structures can be found throughout the neighborhood. Based on the overall size and requested setbacks of the proposed structure, the Case No. BOA-2024-06 Page 3 825 S Main Street garage at 715 S Main is comparable to what the applicant is requesting. Additionally, the proposed garage is to be located at along the rear ally, out of sight from the public right of ways and not providing a negative visual impact. Figure 1: Garage located at 715 S. Main Street. (4) Alternatives to a variance. The existence of a feasible alternative to the applicant’s proposal or other means of alleviating the hardship. As mentioned throughout this report, the subject property is located within the historic district. Due to the non-conformity of these historic lots, providing an alternative to a variance may not be feasible. Staff has noted that a reduced variance size or adhering to the existing setback requirements could be feasible if a smaller garage was constructed. The applicant would not be able to construct the proposed structure on the lot without a reduction in the rear setback due to the required 10 foot setback between the primary structure and an accessory structure, which is necessary for fire separation purposes. (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. Granting the variance as requested would not provide much of a negative impact due to similar non-conforming structures throughout the historic district that don’t meet current setbacks (lots were designed and built upon prior to any zoning or their design standards/setbacks). Lots within the City’s historic districts are smaller compared to modern lots designed to current code standards as well as many having lots with accessory structures which are non-compliant Case No. BOA-2024-06 Page 4 825 S Main Street with current zoning standards. Additionally, the proposed garage will be accessible through the alley located at the rear of the property. It is typical for garages to be located directly adjacent to the alley for navigating vehicles in and out. 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. Figure 2: Aerial Photo of Subject Property Case No. BOA-2024-06 Page 5 825 S Main Street Figure 3: Survey of Subject Property Figure 4: Site Plan with Proposed Structure. Case No. BOA-2024-06 Page 6 825 S Main Street Figure 5: Existing garage and location of the proposed structure