Board of Adjustment

BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO OCTOBER 17, 2022 The Board of Adjustment of the City of Town and Country met at 6:00 P.M. on Monday, October 17, 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 Matt Meyer 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 – 09/19/22 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. Meyer did not cast a vote as he did not serve at the September 19 meeting. CITY CLERK’S REPORT None. 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. 22-12 On the request of Kyle Hogan, owner, for a variance from Section 405.420.B.4. of the Zoning Regulations regarding the minimum side yard setback requirement. The variance is necessary in order to allow a playset to remain erected on the property, as shown on the submitted plans, at 13344 Buckland Hall Road, located in the Estate (E) Zoning District. Attorney Sluys entered the following exhibits: A. Application for Appeal, received by the City of Town and Country on September 19, 2022. B. Narrative for Appeal, dated September 19, 2022, 1-page.  Board of Adjustment Page 2 of 6 October 17, 2022 C. Code Violation Letter from Ryan Spencer, City Planner, to Kyle Hogan, dated July 25, 2022, 1-page. D. Rejection Letter from Ryan Spencer, City Planner, to Kyle Hogan, dated August 16, 2022, 1-page. E. City of Town and Country Memorandum from Ryan Spencer, City Planner, dated October 17, 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 October 1, 2022, 1-page. H. Property Boundary Survey, sealed and dated August 10, 2022, 1-pages. Appellant’s Exhibit 1: Additional narrative, indication of support from several neighbors, contractor letter, and photos, 11-pages. Public Exhibit 1: Letter with supporting documents and photos from Buckland Hall Trustees, dated October 11, 2022, 9-pages. Public Exhibit 2: Email and photos from Susan Crandall, dated October 17, 2022, 3-pages. Ryan Spencer, City Planner, was sworn and testified. He stated that he was familiar with the subject property and it was zoned Estate. Mr. Spencer described the related project for an existing children’s playset that needs a Conditional Use Permit because it is located farther than 30 ft. from the main house. He noted that upon review, the playset is currently erected 32.9 ft. from the south property line; however, the Code requires a 50 ft. side yard setback for this property, necessitating a 17.1 ft. variance. He added that there are no other variances or nonconformities on the property, though it is an unusual lot shape. In response to Chairman Crowley, Mr. Spencer explained that the property is 1.8 acres. He also clarified that he met on-site with the applicant and contractor to discuss feasible locations, and found very little buildable area that is not topographically challenging. Discussion was held about potential alternate locations within the setback limits. Kyle Hogan, owner, was sworn and testified. He explained the hardship to be the irregular lot configuration and topography which makes other locations not feasible. He added that massive earth-moving efforts and multiple retaining walls would be required to locate the playset elsewhere because it must be on relatively flat ground to be level and safe. In response to Mr. Dufour, Mr. Hogan explained that the playset was put into place with no knowledge of CUP or setback requirements. Utilizing Appellant’s Exhibit 1 and Exhibit H, Mr. Hogan pointed out the topography and described the existing improvements on the lot. Grant Sharp, 12322 Ecklemann Lane, was sworn and testified in support of the request. He noted that Mr. Hogan was not familiar with permitting requirements and was called to assist. He explained that landscaping design has been initiated but will not be installed until the trustees and variance approvals have been received. Chairman Crowley called for public comments. Karen Pilla, 13350 Buckland Hall, was sworn and testified in support of the request. She  Board of Adjustment Page 3 of 6 October 17, 2022 stated that as the next-door neighbor she believes the swing set is in an acceptable location and there are no others possible on the lot because of topography and stormwater runoff. In response to Mr. Dufour she explained that she cannot see the swing set from her property and must strain to see it from the street when passing the property. Susan Crandall, 13366 Buckland Hall, was sworn and testified. She noted that she is a trustee of the subdivision and disagreed with the statement that the playset was not clearly visible from the street. She explained that the trustees have endeavored to work with the applicant on landscaping but discovered that the project was not compliant with City Codes. She also described the rear yard of the property to be filled up with concrete and other structures. Brief discussion was held with Ms. Crandall about the indenture requirements, visibility, and other feasible locations on the property. Ms. Crandall stated that she was not familiar enough with the property or any topographical survey to comment. She also noted that the trustees would not approve the landscaping while the playset was noncompliant with the City’s ordinances, nor did she believe the proposed landscaping would be sufficient to buffer the playset. Mr. Hogan explained that requests to obtain feedback on the landscaping plan from the trustees were not met. He added that he is willing to landscape the playset as needed, including guidance from the trustees. Ms. Pilla, having been previously sworn, stated that Ms. Crandall has a vendetta against the playset. Chairman Crowley noted for the record that the City, nor the Board of Adjustment, has any say with regards to the enforcement of subdivision indentures. In response to Mr. Meyer, Attorney Ed Sluys confirmed that while the Board of Adjustment can approve variances with conditions, the actual Conditional Use Permit that would still need to be approved by the Board of Aldermen would be the most appropriate place to list specific conditions. Hearing no further, Chairman Crowley declared Case No. 22-12 fully presented at 6:18 PM. Chairman Crowley noted that the presence of so many existing improvements within the allowable 30 ft. area it is difficult to grant what is being asked. Chairman Crowley declared the case fully presented at 6:39 PM. Mr. Spencer restated the request to be for a 17.1 ft. variance from Section 405.420.B.4 to allow the playset to remain located at 32.9 ft. from the side property line. 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- AYE Dr. Hawatmeh- AYE Mr. Meyer- AYE Mr. Dufour- NAY The variance request failed 3-2, having not achieved 4 affirmative votes. A brief recess was held at 6:42 PM. The meeting reconvened at 6:43 PM with all  Board of Adjustment Page 4 of 6 October 17, 2022 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 Mr. Meyer- 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. 22-12, filed with and made a part of these minutes. 2. Case No. 22-13 On the request of Christopher Growe, owner, for a variance from Section 405.430.B.4. of the Zoning Regulations regarding the minimum side yard setback requirement. The variance is necessary in order to construct a permanent game court, as shown on the submitted plans, at 12200 Wheatleigh Grove Road, located 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 September 19, 2022. B. Narrative for Appeal, dated September 07, 2022, 2-page. C. Rejection Letter from Ryan Spencer, City Planner, to Christopher Growe, dated August 29, 2022, 1-page. D. City of Town and Country Memorandum from Ryan Spencer, City Planner, dated October 17, 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 October 1, 2022, 1-page. G. Site Plan, sealed and dated August 26, 2022, 3-pages. Public Exhibit 1: Email in opposition from Maria Eberle, dated October 1, 2022, 1-page. Appellant’s Exhibit 1: Drone footage of property, 1:20 (m:s) in length. Appellant’s Exhibit 2: Drone footage of property, 1:07 (m:s) in length. Appellant’s Exhibit 3: Photo of proposed location. Appellant’s Exhibit 4: Drone footage of property, 0:13 (m:s) in length. Ryan Spencer, City Planner, was sworn and testified. He stated that he was familiar with the property and that it was zoned Suburban Estate. Mr. Spencer described the related project to be for a permanent outdoor game court that will also require a Conditional Use Permit to restrict lighting, size, etc. He added that the pickleball court is proposed to be located 9.84 ft. from the side lot line and the property requires a calculated set back of 29.46 ft., which necessitates a variance of 19.62 ft. from the  Board of Adjustment Page 5 of 6 October 17, 2022 Code. Chris Growe, owner, was sworn and testified. He stated that the hardship was the lack of any alternative location for the game court on the property, particularly that would allow the retention of existing mature trees. He described the property to be bounded on each side by vacant properties he owns and intends to leave undeveloped. Mr. Growe noted that a recent boundary adjustment was done to accommodate the game court, but the engineer did not account for the change in setback calculation when the lot was made wider. He also confirmed that the court cannot be built on either of his other lots as a primary structure is required to allow accessary uses. In response to Chairman Crowley, Mr. Growe explained that the game court cannot go directly behind the home because there is a steep topography change and it would encroach on the rear property line. Mr. Growe utilized Appellant’s Exhibits 1-4 to describe the property and proposed location. He also confirmed that the neighbors are in support of the project and the court will be surrounded by landscaping. Mr. Growe described the standard 60 x 34 sized pickleball court and added that no fencing or barrier would be erected around the court. Chairman Crowley inquired about the public comment received concerning the view from the street. Mr. Growe explained that the court would not be visible from Ballas Road given the topography, proposed landscaping, and existing vegetation. Chairman Crowley called for public comments. Hearing none, Chairman Crowley declared Case No. 22-13 fully presented at 7:03 PM. Mr. Spencer restated that the requested variance was from Section 405.430.B.4. of the Code which requires a side yard setback of 29.46 ft. for this property. He noted that the game court is proposed to be located 9.84 ft. from the lot line, necessitating a 19.62 ft. variance. The case was briefly reopened to allow Mr. Growe to describe the proximity of the court to various lot lines because of the lot’s irregular shape. The case was declared fully presented again at 7:04 PM. 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 Mr. Meyer- AYE Mr. Dufour- AYE The variance request was unanimously approved. A brief recess was held at 7:05 PM. The meeting reconvened at 7:06 PM with all members present. Chairman Crowley read the Resolution findings aloud and called for unanimous consent to approve it as written.  Board of Adjustment Page 6 of 6 October 17, 2022 Chairman Crowley- AYE Mr. Adam- AYE Dr. Hawatmeh- AYE Mr. Meyer - 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. 22-13, filed with and made a part of these minutes. ADJOURN There being no further business, the meeting adjourned at 7:07 PM. Respectfully submitted, Ashley McNamara, City Clerk  BOARD OF ADJUSTMENT CITY'S EXHIBITS Case No.: 22-12 Appellant: Kyle Hogan, owner Location: 13344 Buckland Hall Road Hearing Date: October 17, 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 September 19, 2022. B. Narrative for Appeal , dated September 19, 2022, 1-page. C. Code Violation Letter from Ryan Spencer, City Planner, to Kyle Hogan , dated July 25, 2022, 1-page. D. Rejection Letter from Ryan Spencer, City Planner, to Kyle Hogan, dated August 16, 2022, 1-page. E. City of Town and Country Memorandum from Ryan Spencer, City Planner, dated October 17, 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 October 1, 2022, 1-page. H. Property Boundary Survey, sealed and dated August 10, 2022, 1-pages.  DECISION OF THE BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO CASE NO. 22-12 Appellant: Kyle Hogan, owner Subject Property: 13344 Buckland Hall Road Zoning District: Estate (E) Proposal: Appellant requests a variance from Section 405.420.B.4. of the Zoning Regulations regarding side yard setback requirements in order to allow an installed playset to remain erected on the property. Hearing Date: October 17, 2022 1. Chairman Crowley called for unanimous consent in favor of granting a side yard setback variance of 17.1 feet from Section 405.420.B.4. of the Town and Country Zoning Regulations, which would allow an installed playset to remain erected on the property. Hearing no objection , the vote was as follows: Crowley- NAY Adam- AYE Hawatmeh- A YE Meyer- AYE Dufour- NAY  CITY OF TOWN AND COUNTRY RESOLUTION BOARD OF ADJUSTMENT CASE NO. 22- 12 WHEREAS, the Board of Adjustment of the City of Town and Country does find and determine that the subject property located at 13344 Buckland Hall Road is within the city limits of the City of Town and Country, and is in the Estate (E) Zoning District; and WHEREAS, Kyle Hogan, owner, (the "Appellant"), has submitted a request for a side yard setback variance in order to allow an installed playset to remain erected on the property; and WHEREAS, Section 405.420.B.4. of the Zoning Regulations requires that residential lots in the Estate (E) Zoning District have a minimum side yard setback that is the most restrictive of the following calculations: a. Fifty (50) feet from each side lot line, or fifteen percent (15%) of the width of the lot from each side lot line, whichever is the lesser. b. Equal to the height of the tallest adjacent exterior building face measured from the elevation of the natural adjacent grade to the elevation of the top of the inhabitable space, excepting for any portion of the exterior wall that encloses uninhabitable attic space. c. The floor area divided by two hundred (200) feet; and WHEREAS, based on the above parameters, the calculated side yard setback requirement for this property is 50 feet; and WHEREAS, plans show that the playset is located 32.9 feet at the closest point from the south property line; and WHEREAS, a variance of 17.1 feet is required from Section 405.420.B.4. to allow for the playset to remain in its location , as shown on the plans; and 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 variance - would not be in harmony with the general purpose and intent of the Zoning Ordinance. - would be detrimental to the public welfare - would constitute a change in the district map - would impair an adequate supply of light and air to adjacent property - would increase congestion in public streets - would increase the danger of fire; and  BOARD OF ADJUSTMENT CASE NO. 22-12 WHEREAS , this Board does further find and determine that practical difficulties and unnecessary hardships have not 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 is hereby denied. The following is the vote taken on the foregoing resolution: Crowley- AYE Adam- AYE Hawatmeh- AYE Meyer- AYE Dufour- AYE ~ y, Chairman  BOARD OF ADJUSTMENT CITY'S EXHIBITS Case No.: 22-13 Appellant: Christopher Grawe, owner Location: 12200 Wheatleigh Grove Road Hearing Date: October 17, 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 September 19, 2022. B. Narrative for Appeal, dated September 07, 2022, 2-page. C. Rejection Letter from Ryan Spencer, City Planner, to Christopher Grawe, dated August 29, 2022, 1-page. D. City of Town and Country Memorandum from Ryan Spencer, City Planner, dated October 17, 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 October 1, 2022, 1-page. G. Site Plan, sealed and dated August 26, 2022, 3-pages.  DECISION OF THE BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO CASE NO. 22-13 Appellant: Christopher Growe, owner Subject Property: 12200 Wheatleigh Grove Road Zoning District: Suburban Estate (SE) Proposal: Appellant requests a variance from Section 405.430.B.4. of the Zoning Regulations regarding side yard setback requirements in order construct a permanent game court on the property. Hearing Date: October 17, 2022 1. Chairman Crowley called for unanimous consent in favor of granting a side yard setback variance of 19.62 feet from Section 405.430.B.4. of the Town and Country Zoning Regulations, which would allow for the construction of a pickleball court on the property. Hearing no objection , the vote was as follows : Crowley- A YE Adam- AYE Hawatmeh- AYE Meyer- AYE Dufour- AYE  CITY OF TOWN AND COUNTRY RESOLUTION BOARD OF ADJUSTMENT CASE NO. 22-13 WHEREAS, the 80c~rd of Adjustment of the City of Town and Country does find and determine that the subject property located at 12200 Wheatleigh Grove Road is within the city limits of the City of Town and Country, and is in the Suburban Estate (SE) Zoning District; and WHEREAS, Christopher Growe, owner, (the "Appellant"), has submitted a request for a side yard setback variance in order to construct a permanent game court on the property; and WHEREAS, Section 405.430.8.4. of the Zoning Regulations requires that residential lots in the Suburban Estate (SE) Zoning District have a minimum side yard setback that is the most restrictive of the following calculations: a. Fifty (50) feet from each side lot line, or fifteen percent (15%) of the width of the lot from each side lot line, whichever is the lesser. b. Equal to the height of the tallest adjacent exterior building face measured from the elevation of the natural adjacent grade to the elevation of the top of the inhabitable space, excepting for any portion of the exterior wall that encloses uninhabitable attic space. c. The floor area divided by two hundred (200) feet; and WHEREAS, based on the above parameters, the calculated side yard setback requirement for this property is 29.46 feet; and WHEREAS, plans show that the proposed pickleball court is located 9.84 feet at the closest point from the north property line; and WHEREAS, a variance of 19.62 feet is required from Section 405.430.B.4. to allow for pickleball court to be constructed as shown on the plans; and 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 variance - 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  BOARD OF ADJUSTMENT CASE NO. 22-13 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 variance from the strict application of the Zoning Regulations of the City of Town and Country is hereby approved. The following is the vote taken on the foregoing resolution : Crowley- AYE Adam- AYE Hawatmeh- A YE Meyer- AYE Dufour- AYE y, Chairman