Board of Adjustment

BOARD OF ADJUSTMENT AGENDA August 12, 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, August 12, 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 July 29, 2024 Meeting 1. Case No. BOA-2024-09. Address: 1620 Dale Avenue (Jeremy Frosch) A request to increase the maximum height of a privacy fence at the rear of the building on a double frontage lot from seven (7) feet to eight (8) feet as regulated in Section 400.550(A)(2)(a)(2)(b) of the City of St. Charles Code of Ordinances. The property is zoned R-1E Single Family Residential 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 8/7/2024 @ 4:30 pm by MPE Board of Adjustment Agenda 2  CITY OF ST CHARLES STATE OF MISSOURI BOARD OF ADJUSTMENT MEETING July 29, 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, July 29 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 John Morgan Madelyn Eversman, City Planner AGENDA ITEM #1 William Schroer (St. Louis Distillery) CASE NO. BOA-2024-06. ADDRESS: 825 S. MAIN STREET MOTION WAS MADE BY MAUREEN ROGERS-BOUXSEIN: I move to approve 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. MOTION WAS SECONDED BY: LATONYA GROTEGEERS ROLL-CALL VOTE 5 IN FAVOR 0 AGAINST: GRANTED. Meeting adjourned at 6:20 p.m.  AGENDA ITEM#1 STAFF REPORT BOARD OF ADJUSTMENT CASE NO. BOA-2024-09 1620 DALE AVENUE AUGUST 12, 2024 BY KATHRYN KEEFE GENERAL INFORMATION Owner/Applicant: Jeremy Frosch 1620 Dale Avenue St. Charles, Missouri 63301 Location: 1620 Dale Avenue Ward 1 Request: A request to increase the maximum height of a fence located within a rear yard from seven (7) feet to eight (8) feet privacy fence as regulated in Section 400.550(A)(2)(a)(2) of the City of St. Charles Code of Ordinances. Zoning: R-1E Single-Family Residential District Adjacent Zoning & Land Use: Direction Zoning Land Use North R-3A Multiple-Family Residential District South R-2 Two-Family Residential District East R-1E/CPD Single-Family Residential District West R-1E/CPD Single-Family Residential District ANALYSIS The subject property is an approximately 936-square-foot double-frontage lot. It is zoned R-1E Single-Family Residential District and located on Dale Avenue. This application is for after-the- fact approval, as the property owner has already replaced the previous four (4) foot chain-link fence with an eight (8) foot wooden privacy fence. The applicant is requesting to vary the seven (7) foot maximum height standard by one (1) foot for a fence located at the rear of the property. 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. Case No. BOA-2024-09 Page 2 1620 Dale Avenue 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 increase the maximum fence height on the non-principal side of a lot from seven (7) feet to eight (8) feet is not considered to be substantial since it increases the overall height by about 14%. Generally, any request over 25% is considered substantial by staff. (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. The property located to the west next to the applicant’s property has approximately the same height privacy fence as the applicant’s request. Fences of this nature provide backyard privacy for the property owners. The existing fence location on the subject property also does not block views for vehicles exiting the rear alley to Spring Avenue as depicted in Figure 1 on the following page. While staff notes the previous chain-link fence has not been completely removed from the Case No. BOA-2024-09 Page 3 1620 Dale Avenue property and other property maintenance concerns (tall grass/weeds), staff requested a survey to determine the applicant’s property boundaries. Staff has concerns for the maintenance of the area between the fence and the private road. If the request is approved, staff recommends the owner obtain a survey and provide this to staff along with the building permit. The permit can also be conditioned to remove the former chain-link debris. Former Chain-link Fence Figure 1: View from Cullom Dr. Looking West Down a Private Street to Spring Avenue. (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 noted on their application form and in an additional narrative document (included in this packet) that there is no reasonable alternative to reach the desired outcome of security and safety the fence variance would provide. Due to the topography of the property, there is an elevated street frontage at the rear of the property, resulting in the street height to be six feet higher than the foundation of the house. With the additional one foot in height, the fence would provide adequate shielding of the property from the street. (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 subject fence is within the rear yard of the lot. This fence is to be a replacement of a previous compliant fence that was in the same location on the property and the same distance from the street frontage. While there is space on the property to move the fence inward off of the frontage, the fence would not obstruct any view pertaining to the heightened street. Given Case No. BOA-2024-09 Page 4 1620 Dale Avenue this, Staff believes the approval of this request could be considered a just action, only along the rear of the property, as indicated within the request. 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 # (assigned by Staff): ______________ 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 1620 Dale Ave, Saint Charles, MO 63301 ADDRESS OF SUBJECT PROPERTY: ___________________________________________ APPLICANT: Jeremy Frosch __________________________________________________________ (Name) 1620 Dale Ave, Saint Charles, MO 63301 __________________________________________________________ (Address) (228) 297-2519 Email: Froschjeremy32@gmail.com __________________________________________________________ (Phone & Email Address) PROPERTY OWNER: Jeremy Frosch __________________________________________________________ (Name) 1620 Dale Ave, Saint Charles, MO 63301 __________________________________________________________ (Address) (228) 297-2519 Email: Froschjeremy32@gmail.com __________________________________________________________ (Phone & Email Address) REQUEST INFORMATION: A LEGAL DESCRIPTION OF THE PROPERTY MUST BE ATTACHED (Digital Format Preferred) Existing Zoning & Use: Residential Fence for saftey and security _________________________________________________________ Proposal: 1Ft Varience of the section of fence at the rear frontage of the property. _______________________________________________________________________ ____________________________________________________________________________ Existing Max 7 ft Ordinace Ordinance or Section number from which the variance is being requested: ____________________ 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. I am requesting a height varience of 1 ft for the rear portion of my fence. __________________________________________________________________ _________________________________________________________________ ___________________________________________________________________ 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. There will be no impact on any government services from this varience approval. ___________________________________________________________________ _________________________________________________________________ ___________________________________________________________________ 3. Effect on the Neighbors or Neighborhood. The effect of the requested variance on adjoining properties or on the character of the neighborhood generally. There are already existing fences that are great than 7ft in height, my varience ___________________________________________________________________ will have no effect on the neighbors, or the character of the neighborhood. _________________________________________________________________ ___________________________________________________________________ 4. Alternatives to a variance. The existence of a feasible alternative to the applicant=s proposal or other means of alleviating the hardship. No reasonable alternative will solve the issue. ___________________________________________________________________ _________________________________________________________________ ___________________________________________________________________ 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: This height variance is necessary due to the topography of the property. ___________________________________________________________________ There is an elevated street frontage at the rear of our property which is elevated _________________________________________________________________ six feet higher than the rear foundation of our house. ___________________________________________________________________ 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: 6/19/24 ________________________ Signature of the property owner: __________________________ 6/19/24 Date: ________________________ NOTE: APPLICANTS ARE REQUIRED TO ATTEND THE PUBLIC HEARINGS. Application Fees: Commercial and New Construction Residential for 1st variance request: $300.00 Existing duplex unit or existing single-family home: $100.00 Additional request on the same property: $50.00 Decision Appeals: Same as applicable variance rate Jeremy Frosch 1620 Dale Ave Fence Permit  Safety and Security When I moved into this property there was an existing old 4 ft chain link fence which was falling apart. I set out to replace this old fence, to give my family's property security and privacy. You will note in the photos there is a street that passes directly behind the rear of our home. ( Cullom Dr) This through street is a high traffic area for those trying to reach Cunningham Ave. This part of Cunningham Ave includes a trailer park and Apartments that consistently have police and first responders present.( it is not a great area) I have two small boys ages 5 and 1 who play in our backyard. On multiple occasions( before installing the fence) I have had teenagers and men walking Cullom Dr behind my home and engage me, my children and my dog. For me I have no idea what kind of predators or criminals might be passing through this street. I have even caught teenagers on my property at night, so I immediately set out to replace the old chain link fence at our home.  8ft Varience Needed for Rear Section Blocking Cullom Dr. • Due to the natural grade of my property Cullom Dr is 2-3 feet higher than the location where the fence post are set. And its 5-6 feet higher than the back of my home. • The issue with the standard 6 ft height is, you can see directly over the fence into our yard. • The grade from the fence to the street can be seen in the photos. If you measure from Cullom Dr to the top of the fence, it measures 6ft in height. • 8 ft fence height was the minimum need to provide security to our home.  Neighbor's 9 Ft Precedent You will note, in the photos, my immediate neighbor at 1622 Dale Ave, has an existing 9 ft fence blocking Cullom Dr. It has been up for years prior to ours being built. My neighbor has the same issue as me, so naturally I understood that a 6 ft fence would not solve the issue of security. Through my planning, I measured carefully the minimum height needed to provide that security. I considered matching my neighbors fence height but determined that it was unnecessary to go that high. Unfortunately for me, I was the only one to receive a violation notice from St. Charles, even though, his fence is significantly taller. Fence Construction Specs. Height- 8Ft Posts- 4x6 oriented for maximum strength Post Holes- 36" Depth/ 18" Diameter- Filled with premixed Concrete. Cross Braces- Four 2x4 cross braces for each section. Pickets 8 ft 3 ½ " Deck screws securing the cross braces to the posts. Conclusion • I want to express that the other sections of the fence are standard 6 ft height. I am only submitting a request that St. Charles grant me a height variance for the section along Cullom Dr given the special circumstances. • You can see from the photos the fence is well constructed and follows the precedent set by the other homes on Dale Ave. Again, this is a matter of security for my family. I am asking St. Charles to please understand and grant me this height variance for the rear section of fence. Thank you -Jeremy Frosch