Board of Adjustment

BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO SEPTEMBER 19, 2022 The Board of Adjustment of the City of Town and Country met at 6:00 P.M. on Monday, September 19, 2022 at the Municipal Center, 1011 Municipal Center Drive, Town and Country, Missouri, 63131. ROLL CALL The 6:00 PM roll call indicated Chairman James Crowley, regular members David Adam, Dr. Sam Hawatmeh, and Carolynne Huether to be present, as well as alternate member Skip Dufour. Chairman James Crowley presided. City Attorney Ed Sluys represented the City. Also present were City Clerk Ashley McNamara and City Planner Ryan Spencer. APPROVAL OF MINUTES – 05/16/2022 Dr. Hawatmeh moved for approval, seconded by Mr. Adam. Chairman Crowley called for any amendments or corrections. Hearing none, the minutes were unanimously approved by voice vote. Mr. Dufour did not cast a vote as he did not serve at the May 16 meeting. CITY CLERK’S REPORT The City Clerk stated that Case No. 22-11 contains requests for six total variances between two individual signs. She noted that staff suggests taking up each sign separately with three variances each, as individual variances may be mutually bound (i.e. denial of a height variance would impact the sign area variance.) She also reported that City Planner Ryan Spencer prepared the annual zoning update memo, including recent developments, that was distributed with the packet. She added that Mr. Spencer would stand available at the end of the meeting if there were any questions. SAFETY AND SECURITY Chairman Crowley reminded everyone that for the security and safety of everyone in attendance, the Board of Adjustment has a zero tolerance policy when it comes to any outbursts, etc. PROCEDURE REVIEW Chairman Crowley reviewed the hearing procedure. He stated that if at any time the applicant or attendees have questions or need further explanation, they are encouraged to interrupt for clarification. PUBLIC HEARING(S) A court reporter with Catlett Reporting was present to record the public hearing. 1. Case No. 22-09 On the request of Joseph and Lynda Castellano, owners, for a variance from Section 405.420.B.3. of the Zoning Regulations regarding the minimum setback from street requirement. The variance is necessary in order to install a generator as shown on the submitted plans, on the property located at 12836 Horton Lane in the Estate (E) Zoning District.  Board of Adjustment Page 2 of 8 September 19, 2022 Attorney Sluys entered the following exhibits: A. Application for Appeal, received by the City of Town and Country on July 15, 2022. B. Narrative for Appeal with photo of existing conditions and location maps, 6- pages. C. Support emails from the Horton Place HOA Trustees, dated July 11, 2022, 4- pages. D. Letter from Ryan Spencer, City Planner, to Joseph and Lyn Castellano, dated July 8, 2022, 1-page. E. City of Town and Country Memorandum from Ryan Spencer, City Planner, dated September 19, 2022, 3-pages. F. Typewritten notice of hearing posted at the Municipal Center and on the subject property and mailed to property owners within 300 feet with a list of property owners attached, 2- pages. G. Affidavit of Publication of notice of hearing published in The St. Louis Countian on September 1, 2022, 2-pages. H. Site Plan, dated and sealed July 8, 2022, 1-page. Ryan Spencer, City Planner, was sworn and testified. He stated that he was familiar with the subject property and it is zoned Estate. Mr. Spencer described the associated project to be for the installation of a generator on the property. He explained that the minimum set back from street requirement in Section 405.420.B.3. is 50 ft. and as the generator is proposed to be located at 44 ft. 5 in., a variance of 5 ft. 7 in. is necessary. He stated that while there are no existing variances or nonconformities, the lot does have an irregular shape and layout. Joseph Castellano, owner, was sworn and testified on behalf of the application. He stated that regular power outages prompted the need for a generator. He noted that his hardships include the irregular lot, the need to be near utilities, and the lack of feasible locations elsewhere on the property. Mr. Castellano added that the existing mature landscaping would buffer the view of the generator from the street, as well as the additional landscaping that is planned as part of the project. The Kohler generator was described including its minimal sound disruption and professional installation by Brda Electric. Mr. Castellano noted that the Horton Place Homeowner’s Association and immediately adjacent neighbor have endorsed the project. In response to Mr. Dufour, Mr. Castellano reported that one existing bush will be removed to accommodate installation of the generator but it will be replaced. Ron Burkhardt, Horton Place Trustee, spoke in support of the project. He noted that the trustees reviewed plans and spoke to the adjacent neighbors before formally providing a letter of support. Tim Brda, Brda Electric spoke in support of the project and more fully described the generator equipment to be installed. He reported that the generator will run a scheduled test once a week for about 10 minutes but will not be disruptive to the homeowners or neighbors. In response to Chairman Crowley, Mr. Brda confirmed that generators typically must be installed in the immediate area of the gas and electric utilities. Chairman Crowley called for public comments.  Board of Adjustment Page 3 of 8 September 19, 2022 Hearing none, Chairman Crowley declared Case No. 22-09 fully presented at 6:18 PM. Mr. Spencer restated that the requested variance was from Section 405.420.B.3. of the Code which requires a front yard setback of 50 ft. for this property. He noted that the generator is proposed to be located 44 ft. 5 inches from the lot line, necessitating a 5 ft 7 in. variance. Chairman Crowley called for unanimous consent in favor of the requested variance as stated. Hearing no objection, the vote was as follows: Chairman Crowley- AYE Mr. Adam- AYE Dr. Hawatmeh- AYE Ms. Huether - AYE Mr. Dufour- AYE The variance request was unanimously approved. A brief recess was held at 6:19 PM. The meeting reconvened at 6:20 PM with all members present. Chairman Crowley read the Resolution findings aloud and called for unanimous consent to approve it as written. Chairman Crowley- AYE Mr. Adam- AYE Dr. Hawatmeh- AYE Ms. Huether - AYE Mr. Dufour- AYE The Resolution was adopted. The decision of the Board of Adjustment to approve the requested variance is as contained in the Decision and Resolution, Case No. 22-09, filed with and made a part of these minutes. 2. Case No. 22-10 On the request of Agnes Matukin, owner, for a variance from Section 405.430.B.6. of the Zoning Regulations regarding green space requirements. The variance is necessary in order to construct a pool house as shown on the submitted plans, on the property located at 1515 Topping Road in the Suburban Estate (SE) Zoning District. Attorney Sluys entered the following exhibits: A. Application for Appeal, received by the City of Town and Country on August 10, 2022. B. Narrative for Appeal, 1-page. C. Letter from Ryan Spencer, City Planner, to Agnes and Zbigniew Matukin, dated June 8, 2022, 1-page. D. City of Town and Country Memorandum from Ryan Spencer, City Planner, dated September 19, 2022, 3-pages. E. Typewritten notice of hearing posted at the Municipal Center and on the subject property and mailed to property owners within 300 feet with a list of property owners attached, 2-pages.  Board of Adjustment Page 4 of 8 September 19, 2022 F. Affidavit of Publication of notice of hearing published in The St. Louis Countian on September 1, 2022, 2-pages. G. Drawings of elevations and floor plan, sealed and dated April 5, 2022, 6-pages. H. Boundary Survey depicting noncompliant option given setback, sealed and dated March 2, 2022, 1-page. I. Site Plan, sealed and dated April 15, 2022, 4-pages. Public Exhibit #1: Email in opposition from Eugene and Catherine Beal, 1516 Topping Road, dated September 7, 2022, 1-page. Public Exhibit #2: Letter in opposition from Rob Rehnquist, dated September 16, 2022, 1-page. Ryan Spencer, City Planner, was sworn and testified on behalf of the City. He stated that he was familiar with the subject property and it is zoned Suburban Estate. Mr. Spencer described the associated project to be for a pool house. He explained that pursuant to green space regulations in Section 405.430.B.6., the maximum impervious area for lots under an acre is 10,000 sq. ft. and this property is already nonconforming with 17,106 sq. ft. at present. Mr. Spencer noted that the proposed 300 sq. ft. pool house would increase the nonconformity to 17,406 sq. ft. and necessitate a total variance of 7,406 sq. ft. to bring the property into compliance. Mr. Adam referred to Public Exhibit #2 regarding a statement that the lot’s 39% coverage as opposed to the 25% allowed by Code and asked Mr. Spencer to provide information. Mr. Spencer explained that the email was inaccurate because the 25% regulation Mr. Rehnquist referenced is for lots that are one acre or more, and this lot is just under at .99 acre. Daniel Kovalenko, contractor, was sworn and testified. He described the property to have a sloping backyard which necessitated retaining walls and concrete to be usable. He explained that upon finding the lot was already noncompliant in greenspace, a location on existing concrete was considered but was found to be within the setback as well. Discussion was held about the actual proposed location of the pool house given the numerous places shown on multiple plan sheets. City Planner Ryan Spencer, in conjunction with Mr. Kovalenko, circled the location on Exhibit H best described as the “proposed pool house” farthest east on the property. This exhibit was passed to each Board member for reference and is attached hereto and made a part of these minutes. In response to Mr. Adam, Mr. Kovalenko stated that no further development is expected on the property and that walking stones would be utilized as a connecting pathway to the pool house. Mr. Spencer confirmed that walking stones or other non-permanent options are not counted towards greenspace calculations. Ms. Huether inquired about the greenspace hardship and the potential of removing hardscape to reduce the noncompliant impervious area. Mr. Kovalenko stated that no other location was feasible for the pool house and further that all of the existing concrete was brand new so removal was not considered. Mr. Adam asked if any other hardship existed for the greenspace request other than a desire for the pool house. In response, Mr. Kovalenko stated that the pool house was needed for equipment storage and that the backyard was sloped. Chairman Crowley called for public comments.  Board of Adjustment Page 5 of 8 September 19, 2022 Craig Kirk, 12945 Huntbridge Forest, was sworn and spoke in opposition of the project. Mr. Kirk questioned the accuracy of the impervious area being represented by the applicant given various prior listings. He expressed concern with the duration and safety of ongoing construction on the property, as well as the lack of hardship for the requested pool house. In response to Mr. Kirk’s statement regarding impervious area calculations, Mr. Sluys explained that the City must derive its information from the sealed plans that are submitted as part of the application for appeal. Mr. Kovalenko described the topography of the lot and reiterated that retaining walls and concrete walkways are needed to utilize the property. Craig Schlueter, 12950 Huntbridge Forest, was sworn and spoke in opposition of the request. Mr. Schlueter stated that he purchased property in Town and Country for the greenspace and open characteristics; however, the majority of the property in question is concrete or other impervious material. Hearing no further, Chairman Crowley declared Case No. 22-10 fully presented at 6:46 PM. Mr. Spencer restated that Section 405.430.B.6. of the Code requires that properties under one acre have no more than 10,000 sq. ft. of impervious area. He added that the addition of the pool house would necessitate a total variance of 7,406 sq. ft. to bring the property into compliance. Chairman Crowley called for unanimous consent in favor of the requested variance as stated. Hearing no objection, the vote was as follows: Chairman Crowley- NAY Mr. Adam- NAY Dr. Hawatmeh- NAY Ms. Huether - NAY Mr. Dufour- NAY The variance request failed. A brief recess was held at 6:47 PM. The meeting reconvened at 6:48 PM with all members present. Chairman Crowley read the Resolution findings aloud and called for unanimous consent to approve it as written. Chairman Crowley- AYE Mr. Adam- AYE Dr. Hawatmeh- AYE Ms. Huether - AYE Mr. Dufour- AYE The Resolution was adopted. The decision of the Board of Adjustment to deny the requested variance is as contained in the Decision and Resolution, Case No. 22-10, filed with and made a part of these minutes.  Board of Adjustment Page 6 of 8 September 19, 2022 3. Case No. 22-11 On the request of Warren Sign Company, owner’s representative, on behalf of Mercy Health East Communities, owner, for multiple variances from Section 420.110, Section 420.130, and Section 420.070 of the Sign Regulations regarding prohibited sign illumination, the maximum sign area, and the maximum sign height requirements for two individual signs. The variances are necessary in order to erect a ground sign and a directional sign as shown on the submitted plans, located at 763 South New Ballas Road in the Office (O) Zoning District. Attorney Sluys entered the following exhibits: A. Application for Appeal, received by the City of Town and Country on August 23, 2022. B. Notarized Statement of Ownership, dated July 19, 2022, 1-page. C. Narrative for Appeal, dated August 19, 2022, 1-page. D. Letter regarding Sign #1 from Ryan Spencer, City Planner, to Mercy Health East Communities, dated August 25, 2022, 2-pages. E. Letter regarding Sign #7 from Ryan Spencer, City Planner, to Mercy Health East Communities, dated August 25, 2022, 2-pages. F City of Town and Country Memorandum from Ryan Spencer, City Planner, dated September 19, 2022, 3-pages. G. Typewritten notice of hearing posted at the Municipal Center and on the subject property and mailed to property owners within 300 feet with a list of property owners attached, 2-pages. H. Affidavit of Publication of notice of hearing published in The St. Louis Countian on September 1, 2022, 2-pages. I. Site Plan and renderings, last revised June 29, 2022, 6-pages. Appellant’s Exhibit #1: PowerPoint presentation, 11-pages. Ryan Spencer, City Planner, was sworn and testified on behalf of the City. He stated that he was familiar with the subject property and it is zoned Office. He explained that the associated project is for a Mercy outpatient building that is physically located within the city limits of Creve Coeur, however the adjacent parking lot is located in Town & Country. Mr. Spencer noted that no variances or nonconformities exist on the parcel in question. He stated that the request is for two individual signs, each requiring three variances. The six total variances required were described as follows: Sign #1: Ground Sign 1. Section 420.110.D.2.c.2. to allow the sign to be internally illuminated 2. 78.8 sq. ft. from Section 420.130.A.4.b. to allow the sign’s total area to be 153.8 sq. ft. 3. 2 ft. 5.5 in. from Section 420.130.A.4.d. to allow the sign’s total height to be 10 ft. 5.5 in. Sign #7: Directional Sign 1. Section 420.110.D.2.c.2. to allow the sign to be internally illuminated 2. 34.7 sq. ft. from Section 420.070.A.3. to allow the sign’s total area to be 40.7 sq. ft. 3. 4.5 ft. from Section 420.070.A.3. to allow the sign’s total height to be 8 ft. Brief discussion was held with regard to the location of the various components of Mercy’s project, given that the overall footprint crosses city limit boundaries.  Board of Adjustment Page 7 of 8 September 19, 2022 Steve Behrens, Warren Sign Company, was sworn and testified on behalf of the application. Utilizing a PowerPoint presentation, Mr. Behrens displayed the site plan and pointed out the location of both signs. He described the signage as consistent with those that will be on-site throughout the Mercy campus. Mr. Behrens noted that sign illumination is critical to afford directional assistance to drivers no matter the time of day/night. He added that the height and size must be enough that the signs are visible above traffic, distinctly legible, and clear enough to provide direction particularly in an emergency situation. Sign #1 (ground) and Sign #7 (directional) were shown and the hardships of intersection/traffic obscurities, high-stress situations, and the 24/7 nature of the hospital were described. Mr. Behrens noted that the signage would not be injurious to anyone, and in fact would provide placemaking and vital assistance while navigating to the hospital. In response to Chairman Crowley, Mr. Behrens stated that while there is potential for the 777 S. New Ballas location to be developed in the future, the signage being currently proposed would not be impacted. He added that there are several blank panels on each of the signs to accommodate changes or additions if needed. Chairman Crowley called for public comments. Hearing none and noting that there were no members of the public present remaining at the meeting, Chairman Crowley declared Case No. 22-11 fully presented at 7:10 PM. The City Clerk stated that, without objection, the Board would take up each sign individually. She further clarified that there would be one vote encapsulating the three variance requests for Sign #1, followed by one vote encapsulating the three variance requests for Sign #7. Mr. Spencer restated that the requested variances for each sign were as follows: Sign #1: Ground Sign 1. Section 420.110.D.2.c.2. to allow the sign to be internally illuminated 2. 78.8 sq. ft. from Section 420.130.A.4.b. to allow the sign’s total area to be 153.8 sq. ft. 3. 2 ft. 5.5 in. from Section 420.130.A.4.d. to allow the sign’s total height to be 10 ft. 5.5 in. Sign #7: Directional Sign 1. Section 420.110.D.2.c.2. to allow the sign to be internally illuminated 2. 34.7 sq. ft. from Section 420.070.A.3. to allow the sign’s total area to be 40.7 sq. ft. 3. 4.5 ft. from Section 420.070.A.3. to allow the sign’s total height to be 8 ft. Chairman Crowley called for unanimous consent in favor of the requested variances for Sign #1 (ground) as stated. Hearing no objection, the vote was as follows: Chairman Crowley- AYE Mr. Adam- AYE Dr. Hawatmeh- AYE Ms. Huether - AYE Mr. Dufour- AYE The variance requests were approved. Chairman Crowley called for unanimous consent in favor of the requested variances for Sign #7 (directional) as stated. Hearing no objection, the vote was as follows:  Board of Adjustment Page 8 of 8 September 19, 2022 Chairman Crowley- AYE Mr. Adam- AYE Dr. Hawatmeh- AYE Ms. Huether - AYE Mr. Dufour- AYE The variance requests were approved. A brief recess was held at 7:13 PM. The meeting reconvened at 7:14 PM with all members present. Chairman Crowley read the Resolution findings aloud and called for unanimous consent to approve it as written. Chairman Crowley- AYE Mr. Adam- AYE Dr. Hawatmeh- AYE Ms. Huether - AYE Mr. Dufour- AYE The Resolution was adopted. The decision of the Board of Adjustment to approve the requested variances is as contained in the Decision and Resolution, Case No. 22-11, filed with and made a part of these minutes. STAFF UPDATE City Planner Ryan Spencer outlined the annual zoning memo that was distributed in the Board’s packet. He highlighted changes to the Code for portable dumpsters, temporary storage containers and driveway gates. He also briefly described several major projects that have been approved over the last year including Town & Country Market at the intersection of Ballas and Clayton Roads, and the former Wellbridge site that is being developed into a BJC Rehabilitation Hospital. Mr. Spencer’s memo is attached hereto and made a part of these minutes. ADJOURN There being no further business, the meeting adjourned at 7:20 PM. Respectfully submitted, Q.µ1,~~ U.11'(\r;.1•:wJ\!.I., McNamara, City Clerk Ashley "  BOARD OF ADJUSTMENT CITY'S EXHIBITS Case No.: 22-09 Appellants: Joseph and Lynda Castellano, owners Location: 12836 Horton Lane Hearing Date: September 19, 2022 Section 405.300 of the Municipal Code provides that the Municipal Code, including the Zoning Code, the Comprehensive Plan and land use map shall be part of each hearing before the Board of Adjustment to the extent applicable , without being specifically introduced at the hearing . CITY EXHIBITS A. Application for Appeal, received by the City of Town and Country on July 15, 2022. B. Narrative for Appeal with photo of existing conditions and location maps, 6-pages. C. Support emails from the Horton Place HOA Trustees, dated July 11, 2022, 4-pages. D. Letter from Ryan Spencer, City Planner, to Joseph and Lyn Castellano, dated July 8, 2022, 1-page. E. City of Town and Country Memorandum from Ryan Spencer, City Planner, dated September 19, 2022, 3-pages. F. Typewritten notice of hearing posted at the Municipal Center and on the subject property and mailed to property owners within 300 feet with a list of property owners attached , 2- pages. G. Affidavit of Publication of notice of hearing published in The St. Louis Countian on September 1, 2022, 2-pages. H. Site Plan , dated and sealed July 8 , 2022, 1-page.  DECISION OF THE BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO CASE NO. 22-09 Appellants: Joseph and Lynda Castellano, owners Subject Property: 12836 Horton Lane Zoning District: Estate (E) Proposal: Appellants request a variance from Section 405.420.B.3. of the Zoning Regulations regarding setback from street requirements in order to install a generator on the property. Hearing Date: September 19, 2022 1. Chairman Crowley called for unanimous consent in favor of granting a minimum setback from street variance of 5 ft. 7 in. from Section 405.420.B.3. of the Town and Country Zoning Regulations which would allow for the installation of a generator as shown on the plans. Hearing no objection , the vote was as follows: Crowley- AYE Adam- AYE Hawatmeh- AYE Huether- AYE DuFour- AYE  CITY OF TOWN AND COUNTRY RESOLUTION BOARD OF ADJUSTMENT CASE NO. 22-09 WHEREAS, the Board of Adjustment of the City of Town and Country does find and determine that the subject property located at 12836 Horton Lane is within the city limits of the City of Town and Country, and is in the Estate (E) Zoning District; and WHEREAS, Joseph and Lynda Castellano, owners, (the "Appellants"), have submitted a request for a setback from street variance in order to install a generator on the property; and WHEREAS, Section 405.420.B.3. of the Zoning Regulations requires that the minimum setback from street for residential lots in the Estate (E) Zoning District is fifty (50) feet; and WHEREAS, plans show that the generator is proposed to be located forty-four feet five inches (44' 5") from the front property line; and WHEREAS, a variance of five feet seven inches (5' 7") from Section 405.420.B.3. is required to allow the generator to be installed in the location shown on the plans; and WH EREAS, the Appellants have requested that the Board of Adjustment find that there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the Zoning Regulations; and WHEREAS, the Board of Adjustment does find that to g rant the requested variance wou ld be in harmony with the general purpose and intent of the Zon ing Ordinance. would not be detrimental to the public welfare w ould not constitute a change in the district map would not impair an adequate supply of light and air to adjacent property would not increase congestion in public streets would not increase the danger of fire; and WHEREAS, this Board does further find and determine that practical difficulties and unnecessary haraships have been demonstrated. NOW, THEREFORE, BE IT RESOLVED, that the requested variance from the strict application of the Zoning Regulations of the City of Town and Country are hereby approved. The following is the vote taken on the foregoing resolution: Crowley- ,11.Y:::. Adam- AYE Hawatmeh- A YE Huether- AYE Du Four- AYE  BOARD OF ADJUSTMENT CITY'S EXHIBITS Case No.: 22-10 Appellant: Agnes Matukin, owner Location: 1515 Topping Road Hearing Date: September 19, 2022 Section 405.300 of the Municipal Code provides that the Municipal Code, including the Zoning Code, the Comprehensive Plan and land use map shall be part of each hearing before the Board of Adjustment to the extent applicable, without being specifically introduced at the hearing. CITY EXHIBITS A. Application for Appeal , received by the City of Town and Country on August 10, 2022. B. Narrative for Appeal , 1-page. C. Letter from Ryan Spencer, City Planner, to Agnes and Zbigniew Matukin, dated June 8, 2022, 1-page. D. City of Town and Country Memorandum from Ryan Spencer, City Planner, dated September 19, 2022, 3-pages. E. Typewritten notice of hearing posted at the Municipal Center and on the subject property and mailed to property owners within 300 feet with a list of property owners attached, 2-pages. F. Affidavit of Publication of notice of hearing published in The St. Louis Countian on September 1, 2022, 2-pages. G. Drawings of elevations and floor plan , sealed and dated April 5, 2022, 6-pages. H. Boundary Survey depicting noncompliant option given setback, sealed and dated March 2, 2022, 1-page. I. Site Plan, sealed and dated April 15, 2022, 4-pages.  DECISION OF THE BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO CASE NO. 22-10 Appellant: Agnes Matukin, owner Subject Property: 1515 Topping Road Zoning District: Suburban Estate (SE) Proposal: Appellant requests a va riance from Section 405.430.B.6. of the Zoning Regulations regarding green space requirements in order to construct a pool house on the property. Hearing Date: September 19, 2022 1. Chairman Crowley called for unanimous consent in favor of granting a green space variance of 7,406 sq . ft. from Section 405.430.B.6. of the Town and Country Zoning Regulations which would allow for the construction of a pool house as shown on the plans. Hearing no objection, the vote was as follows: Crowley- NAY Adam- NAY Hawatmeh- NAY Huether- f'JAY DuFour- NAY  CITY OF TOWN AND COUNTRY RESOLUTION BOARD OF ADJUSTMENT CASE NO. 22-10 WHEREAS, the Board of Adjustment of the City of Town and Country does find and determine that the subject property located at 1515 Topping Road is within the city limits of the City of Town and Country, and is in the Suburban Estate (SE) Zoning District; and WHEREAS, Agnes Matukin, owner, (the "Appellant"), has submitted a request for a green space variance in order to construct a pool house on the property; and WHEREAS, Section 405.430.B.6. of the Zoning Regulations requires that the minimum green space percentage for lots less than 43,560 square feet (one acre) is sixty percent (60%) with a maximum of ten thousand (10,000) square feet of impervious area allowed; and WHEREAS, plans show that construction of the 300 sq. ft. pool house would increase the nonconforming impervious area of the lot from 17,106 to 17,406 square feet; and WH EREAS, a variance of 7,406 square feet from Section 405.430.B.6. is required to allow the pool house to be constructed as shown on the plans; and W HEREAS, the Appellant has requested that the Board of Adjustment find that there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the Zoning Regu lations; and WH EREAS, the Board of Adjustment does find that to grant the requested variance would not be in harmony with the general purpose and intent of the Zoning Ordinance. VJould be detrimental to the public welfare ,.r1ould constitute a change in the district map would impair an adequate supply of light and air to adjacent property w ould increase congestion in public streets w ould increase the danger of fire; and WHEREAS, this Board does further find and determine that practical difficulties and unnecessary h3rdships have not been demonstrated . NOW, ·f HERE FORE, BE IT RESOLVED, that the requested variance from the strict application of the Zoning Regulations of the City of Town and Country are hereby denied.  BOARD OF ADJUSTMENT CASE NO. 22-10 The following is the vote taken on the foregoing resolution : Crowley- A YE Adam- AYE Hawatmeh- AYE Huether- AYE DuFour- AYE ~ Chairman  BOARD OF ADJUSTMENT CITY'S EXHIBITS Case No. : 22-11 Appellant: Warren Sign Company, owner's representative on behalf of Mercy Health East Communities, owner Location : 763 South New Ballas Hearing Date: September 19, 2022 Section 405.300 of the Municipal Code provides that the Municipal Code, including the Zoning Code, the Comprehensive Plan and land use map shall be part of each hearing before the Board of Adjustment to the extent applicable, without being specifically introduced at the hearing. CITY EXHIBITS A. Application for Appeal, received by the City of Town and Country on August 23, 2022. B. Notarized Statement of Ownership, dated July 19, 2022, 1-page. C. Narrative for Appeal, dated August 19, 2022, 1-page. D. Letter regarding Sign #1 from Ryan Spencer, City Planner, to Mercy Health East Communities, dated August 25, 2022, 2-pages. E. Letter regarding Sign #7 from Ryan Spencer, City Planner, to Mercy Health East Communities, dated August 25, 2022, 2-pages. F City of Town and Country Memorandum from Ryan Spencer, City Planner, dated September 19, 2022, 3-pages. G. Typewritten notice of hearing posted at the Municipal Center and on the subject property and mailed to property owners within 300 feet with a list of property owners attached, 2-pages. H. Affidavit of Publication of notice of hearing published in The St. Louis Countian on September 1, 2022, 2-pages. I. Site Plan and renderings, last revised June 29, 2022, 6-pages.  DECISION OF THE BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO CASE NO. 22-11 Appellant: Warren Sign Company, owner's representative on behalf of Mercy Health East Communities, owner Subject Property: 763 South New Ballas Zoning District: Office (0) Proposal: Appellant requests multiple variances from Section 420.110, Section 420.130, and Section 420.070 of the Sign Regulations regarding sign illumination, maximum sign area and sign height requirements to allow for a ground sign and a directional sign to be erected on the property. Hearing Date: September 19, 2022 Sign #1: Ground Sign Chairman Crowley called for unanimous consent in favor of granting the following sign variances from the Town and Country Sign Regulations which would allow for installation of a new ground sign: 1. Section 420.11 0.D.2.c.2. to allow the sign to be internally illuminated 2. 78.8 sq . ft. from Section 420.130.A.4.b. to allow the sign's total area to be 153.8 sq . ft. 3. 2 ft. 5.5 in. from Section 420.130.A.4.d. to allow the sign's total height to be 10 ft. 5.5 in. Hearing no objection, the vote was as follows: Crowley- A YE Adam- AYE Hawatmeh- A YE Huether- AYE DuFour- AYE Sign #7: Directional Sign Chairman Crowley called for unanimous consent in favor of granting the following sign variances from the Town and Country Sign Regulations which would allow for installation of a new directional sign: 1. Section 420.11 0.D.2.c.2. to allow the sign to be internally illuminated 2. 34.7 sq. ft. from Section 420.070.A.3. to allow the sign's total area to be 40.7 sq. ft. 3. 4 .5 ft. from Section 420.070.A.3. to allow the sign's total height to be 8 ft. Hearing no objection , the vote was as follows: Crowley- AY E Adam- AYE Hawatmeh- A YE Huether- A YE DuFour- AYE  CITY OF TOWN AND COUNTRY RESOLUTION BOARD OF ADJUSTMENT CASE NO. 22-11 WHEREAS , the Board of Adjustment of the City of Town and Country does find and determine that the subject property located at 763 South New Ballas is within the city limits of the City of Town and Country, and is in the Office (0) Zoning District; and WHEREAS, Sue Winter, owner's representative, on behalf of Mercy Health East Communities, (the "Appellant"), has submitted a request for six sign variances to allow for the installation of a new ground sign (Sign #1) and a new directional sign (Sign #7); and WHEREAS, Section 420.11 0.D.2.c.2. states that internally lighted signs where the entire sign area is illuminated shall not be permitted; and WHEREAS, plans show the ground sign (Sign #1) and the directional sign (Sign #7) are proposed to be internally illuminated; and WHEREAS, Section 420.130.A.4.b. states that ground signs shall not exceed 75 sq. ft. in sign area; and WHEREAS, plans show the ground sign (Sign #1) has a proposed total sign area of 153.8 sq. ft; and WHEREAS, Section 420.130.A.4.d. states that ground signs shall not exceed 8 ft. in total height; and WHEREAS, plans show the ground sign (Sign #1) has a proposed height of 10 ft. 5.5 in. ; and WHEREAS, the ground sign (Sign #1) cannot be installed as shown on the submitted plans without the following variances: 1. Section 420.11 0.D.2.c.2. to allow the sign to be internally illuminated 2. 78.8 sq. ft. from Section 420.130.A.4.b. to allow the sign's total area to be 153.8 sq. ft. 3. 2 ft. 5.5 in. from Section 420.130.A.4.d. to allow the sign 's total height to be 10 ft. 5.5 in. WHEREAS, Section 420.070.A.3. states that directional signs shall not exceed 6 sq. ft. in sign area; and WHEREAS, plans show the directional sign (Sign #7) has a proposed sign area of 40. 7 sq. ft; and WHEREAS, Section 420.070.A.3. also states that directional signs shall not exceed 3.5 ft. in total height; and WHEREAS, plans show the directional sign (Sign #7) has a proposed height of 8 ft. ; and  BOARD OF ADJUSTMENT CASE NO. 22-11 WHEREAS, the directional sign (Sign #7) cannot be installed as shown on the submitted plans without the following variances: 1. Section 420.11 0.D.2.c.2. to allow the sign to be internally illuminated 2. 34.7 sq. ft. from Section 420.070.A.3. to allow the sign's total area to be 40.7 sq. ft. 3. 4.5 ft. from Section 420.070.A.3. to allow the sign's total height to be 8 ft. WHEREAS, the Appellant has requested that the Board of Adjustment find that there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the Zoning Regulations; and WHEREAS, the Board of Adjustment does find that to grant the requested variances - would be in harmony with the general purpose and intent of the Zoning Ordinance - would not be detrimental to the public welfare - would not constitute a change in the district map - would not impair an adequate supply of light and air to adjacent property - would not increase congestion in public streets - would not increase the danger of fire; and WHEREAS , this Board does further find and determine that practical difficulties and unnecessary hardships have been demonstrated. NOW, THEREFORE, BE IT RESOLVED, that the requested variances from the strict application of the Zoning Regulations of the City of Town and Country are hereby approved. The following is the vote taken on the foregoing resolution: Crowley- AYE Adam- AYE Hawatmeh- AYE Huether- AYE Dufour- AYE ~ Chairman