Citation in context
October 6, 2016 — Meeting Minutes
Cited passage
1
MINUTES BOARD OF ADJUSTMENT OCTOBER 6, 2016
ROLL CALL: Rick Bliss
Susan M. Istenes, AICP, Planning Director Mel Disney
Ken Heinz, Acting City Attorney Nicki Herrington Mary DeBenedetti Chairman Gary Soule
Chairman Soule called the meeting to order at 5:00. He welcomed everyone to the meeting and welcomed new member, Nicki Herrington, to the Board. He noted that there is only one item 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 transcription of the September 1, 2016 meeting was presented for approval and some minor corrections were noted. The recording secretary indicated that she would supplement the transcription with a note of the necessary changes. The transcription was then approved, as amended/corrected, after having been previously distributed to each member.
APPEAL FROM JOHN P. KING, ATTORNEY FOR GREENSTREET, OWNER, FOR A USE VARIANCE FOR THE PROPERTY ADDRESSED 8451 MARYLAND AVENUE
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. Zoning Review Application & Denial Letter C. Appeal Application D. Drawings submitted by applicant E. Staff Report
Chairman Soule asked the applicant if he had any objections to these exhibits being made part of the record.
Mr. King replied “no”.
Chairman Soule indicated that the exhibits would then be made part of the record.
Mr. King indicated that he is representing Greenstreet, who bought the BMW property on Maryland and re-did the building. He stated that they are now requesting a variance to allow
King indicated that he is representing Greenstreet, who bought the BMW property on Maryland and re-did the building. He stated that they are now requesting a variance to allow
2
43.45% of the first floor to be retail [restaurant or personal care service] as opposed to the 50% required by Code.
Mr. King informed the members that Brad Pratt, Executive VP of Greenstreet St. Louis, will testify as to what happened and why the variance is being requested. He then made reference to the Maryland Gateway Overlay District (MGOD), which was adopted a few years ago, stating that he believes this is the first time an appeal of these regulations has been heard. He distributed a packet of information which was marked as Applicant’s Group Exhibit 1.
Mr. Pratt informed the members that efforts were made to comply with the [MGOD] ordinance and that they had been interacting with City staff about the minimum 50% first floor retail requirement. He indicated that a 1,425 square-foot addition was constructed to the rear of the building for Schwab; in the meantime, the garage was renovated for Salon Lofts. He stated that one solution to the use issue was to incorporate additional retail space in the garage; however, that presents a problem in that not only because of the location of the driveway and the need for ADA parking spaces, but feedback from a few potential tenants (pizza place and bicycle repair shop) was that there would be no visibility of the space to the street. He added that the parking garage is essentially full during the day and that there is no customer parking to the east and Maryland Avenue only has one lane of on-street parking. He noted that they consider Schwab to be a retail use as although they don’t sell “goods”, they sell a financial service product; however, staff does not agree with that assessment. He informed the members that when they purchased the property, they believed they understood they could achieve the objectives of the MGOD.
Rick Bliss asked why they are here now.
Mr. Pratt informed the members that the property is under contract. He added that they had previously discussed the appeal process with staff.
Rick Bliss noted that if they (Greenstreet) had acquired other properties, they would not need to be here.
Mr. Pratt agreed.
Chairman Soule mentioned Northwest Coffee.
Director Istenes concurred.
Mel Disney questioned the occupancy permits that were issued for the two tenants (Salon Lofts and Schwab).
Director Istenes indicated that the occupancy permits are not related to the deficiency.
Mr. Pratt noted the building’s full renovation.
Mel Disney commented that they don’t have the required square footage.
Pratt noted the building’s full renovation. Mel Disney commented that they don’t have the required square footage.
3
Mr. Pratt concurred.
Gary Soule noted that occupancy permits run with the tenant and regardless of the decision here this evening, those occupancy permits remain valid.
Director Istenes confirmed.
Mel Disney asked about the leases.
Mr. Pratt indicated that the initial lease for each tenant is 10 years.
Mel Disney commented that this is really then only advantageous to a potential purchaser.
Mr. Pratt agreed.
Chairman Soule stated that even if the building is sold, the rights under the current tenant leases remain in effect.
Mr. King stated that the leases would not be affected by the sale of the property.
Chairman Soule noted that if Salon Lofts exercises all of its rights in their lease, the lease would not expire until June of 2039; Schwab, February of 2035.
Mr. King stated that is accurate.
Director Istenes explained that leases don’t determine when the City pursues compliance and that the City was working with the owner since before these tenants took occupancy; although there was some commitment on the owner’s part to build out the garage and/or combine their property with property to the east. She emphasized that the City can initiate zoning action at any time. She added that this is somewhat of a dilemma and that they won’t hold the tenants “hostage” and that additional space could be created from existing space, which has nothing to do with the occupancy permits.
Mel Disney commented that the property owners have had 3 years and have elected not to expand but put forth a good faith effort and are now here seeking a variance.
Mary DeBenedetti asked why 50-percent?
Director Istenes stated that was the minimum percentage chosen by the Board of Aldermen at the time the MGOD was adopted; noting the desire for ground floor retail use.
Nicki Herrington noted that the entire Maryland frontage is Schwab.
Mr. Pratt concurred. He noted that they are 100% occupied and Salon Lofts takes up the majority of Gay Avenue frontage.