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January 5, 2017 — Meeting Minutes
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MINUTES BOARD OF ADJUSTMENT JANUARY 5, 2017
ROLL CALL: Mel Disney
Susan M. Istenes, AICP, Planning Director Liza Streett
Ken Heinz, Acting City Attorney Nicki Herrington Mary Debenedetti Chairman Gary Soule
Chairman Soule called the meeting to order at 5:05 p.m. He noted that there are two items, but one applicant/1 property, for consideration this evening and that there was a full complement of the Board (5 members) in attendance. All Board members and city staff introduced themselves. The minutes of the December 1, 2016 meeting was presented for approval. Liza Streett noted that some language was missing from the second sentence of the following paragraph found at the bottom of Page 1; the sentence was altered to read as follows: “Mr. Duncan indicated that he prepared the drawings and the pergola is made of a series of various size planks. He added that the project also includes a screen/lattice to provide privacy.” The minutes were then approved, as amended, after having been previously distributed to each member. APPEAL FROM JOHN DUCKWORTH, MANAGING MEMBER, TRUE TITLE COMPANY, OF A DECISION OF AN ADMINISTRATIVE OFFICER OF THE CITY REGARDING USE OF PROPERTY ADDRESSED 30 NORTH BRENTWOOD BOULEVARD AS A TITLE COMPANY & AN APPEAL FROM JOHN DUCKWORTH, MANAGING MEMBER, TRUE TITLE COMPANY, FOR A USE VARIANCE TO ALLOW TRUE TITLE COMPANY TO OCCUPY THE GROUND LEVEL TENANT SPACE AT THE PROPERTY ADDRESSED 30 NORTH BRENTWOOD BOULEVARD
Skip Dufour, attorney representing owner, was in attendance at the meeting. Those wishing to speak were sworn in by Kathy Scott, Planning Technician/Recording Secretary.
APPEAL FROM JOHN DUCKWORTH, MANAGING MEMBER, TRUE TITLE COMPANY, OF A DECISION OF AN ADMINISTRATIVE OFFICER OF THE CITY REGARDING USE OF PROPERTY ADDRESSED 30 NORTH BRENTWOOD BOULEVARD AS A TITLE COMPANY & AN APPEAL FROM JOHN DUCKWORTH, MANAGING MEMBER, TRUE TITLE COMPANY, FOR A USE VARIANCE TO ALLOW TRUE TITLE COMPANY TO OCCUPY THE GROUND LEVEL TENANT SPACE AT THE PROPERTY ADDRESSED 30 NORTH BRENTWOOD BOULEVARD
Skip Dufour, attorney representing owner, was in attendance at the meeting. Those wishing to speak were sworn in by Kathy Scott, Planning Technician/Recording Secretary. Chairman Soule asked if the City had any exhibits to present with regard to this appeal. Acting City Attorney Heinz presented the following exhibits:
A. City of Clayton Code of Ordinances & City Master Plan B. Appeal Application C. Correspondence D. Staff Report E. Zoning Map
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Chairman Soule asked the applicant if he had any objections to these exhibits being made part of the record. Mr. Dufour replied “no”. He noted that much of the evidence and testimony overlaps between the two appeals. Chairman Soule agreed. Mr. Dufour distributed a packet of information. Chairman Soule stated that will be marked as Applicant’s Group Exhibit 1. Mr. Dufour agreed. He stated he assumed that the reports were read by the Board members and noted that others will testify on the applicant’s behalf. He stated that they were surprised by the City’s decision to deny the issuance of an Occupancy Permit as they (True Title) are now at 21 North Meramec Avenue, which is in the same overlay district as where they want to relocate to at 30 North Brentwood Boulevard. He stated that they were granted an Occupancy Permit in 2012 for their current location on North Meramec Avenue and have each year received a business license. He stated that they did not believe it would be a problem to move and that after they were informed that an Occupancy Permit would not be issued, they researched the City’s ordinances and recognized that they had two options: error by municipal officer and a use variance, for which he believes they qualify for either of them because occupancy was approved by the City in 2012 for a property in the same zoning overlay district and because they believe that their business is retail in nature; there can be no real estate transaction without a title company’s involvement.