Citation in context
July 11, 2017 — Meeting Minutes
Cited passage
The motion passed unanimously on a voice vote. MOTION TO APPOINT MEMBERS TO THE BOARDS AND COMMISSIONS
Mayor Sanger recommended the following individuals are appointed:
Charter Task Force - Deborah Grossman, Ward 1, Richard Goldberg, Ward 2, Gary Feder, Ward 3
City Plan Commission/ARB - Brian Maguire, Ward 3
Economic Development Advisory Committee - Charles Brennan, Ward 2
Sustainability Committee - Susan Buse, Ward 2
07-11-17 BOA Minutes July 11, 2017 Page 6 of 10 Alderman Winings moved to approve the appointments. Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
AN APPEAL OF THE ARCHITECTURAL REVIEW BOARD DECISION FOR 6367 ELLENWOOD AVENUE
City Manager Owens reported that this is an appeal submitted by Dennis and Tiffanie Upshaw owners of 6367 Ellenwood Avenue, of the Architectural Review Board’s (ARB) June 19, 2017, decision denying their request to add a circular driveway to their property.
The project was originally submitted to the Planning and Development Services Department for review on May 11, 2017. The project received approval on May 18, 2017, by the City Manager through the administrative architectural review process, provided in Section 400.150 of the Land Use Code.
However, after the approval was granted, it was discovered that the R-1 Zoning District Regulations preclude administrative approval of circular driveways in that zoning district. Chapter 405, Zoning Regulations, Article XII. R-1, Large Lot Single Family Dwelling District, Section 405.1730.1(i.), Setback Requirements, provides:
Lots in excess of fifteen thousand (15,000) square feet and having one hundred (100) lineal feet of frontage or more may install two drive approaches to accommodate a turnaround, with the written approval from the Director of Public Works and subject to Architectural Review Board approval (emphasis added) (all other lots shall be limited to one (1) drive approach).
The applicants were then directed to re-apply for Architectural Review Board approval. The ARB approved the applicant’s request to replace a knee wall, repaving of the front walk and extension of a front porch, but denied the front yard circle drive.
The applicant applied for an appeal to the Board of Aldermen on June 30, 2017. While the applicants’ written appeal alleges that the ARB erred in considering the project for approval when the City Manager had already approved the project pursuant to Section 400.150 (Item A. page 2, June 30, 2017, Upshaw letter) it must be noted that Section 400.150. B. only provides the City Manager with discretion to approve construction projects that do not substantially affect the exterior appearance of the property administratively. In this case the City Manager’s discretion was overridden by the requirements of the R-1 Zoning District standards which clearly require ARB approval for circular driveways, provided the property meets the size and permit standards set forth therein.
The appeal letter asserts that “Section 415.600 (C) of the Code governs the construction of circular driveways in R-1 zoning districts” (Item B. page 2, June 30, 2017, Upshaw letter). Section 415.600 (C) is part of the Subdivision Regulations and provides as follows:
C. Location of all access points shall be determined by the Director of Public Works. Residential lots accessed by a residential street (not a collector or arterial street) may install up to two (2) curb cuts to accommodate a circular turnaround, subject to the following criteria:
City Manager Owens commented that staff has worked with a group of residents to develop these new standards which we think will make things in these buildings much safer, affordable, and workable for the residents that are in them. Staff recommendation is to approve the ordinance for the first reading only.
07-11-17 BOA Minutes July 11, 2017 Page 4 of 10 Mayor Sanger commented that he would hope it is not to be said that Clayton legislators are not reactive to something that is brought to their attention by the public that makes sense and is a benefit for everyone in the community. This is a great example of how the City works.
Alderman Harris added that she would like to compliment everyone, the staff and the citizens for getting their act together and getting organized about what they wanted. She again complimented the staff for the many meetings and long discussion adding that this is a great example of team work and local government.
Dr. Dan Phillips, resident, 200 S. Brentwood Boulevard, addressed the Board thanking them and the City staff. He is here tonight speaking as President of the PT Homeowners Association in support of the proposed ordinance. This is a strong proposal that will significantly enhance the safety of the relevant high rise condominium buildings and help protect, not only our residents, but the fireman who risk their lives in the advent of fire. I will not enumerate the specific features of the proposal, but let me say we all respect Fire Marshall Paul Mercurio tenacious dedication to the safety of Clayton's citizens and it gives me great comfort that Paul supports this proposal. And of paramount importance, this proposal will allow the fire safety enhancements to get implemented in less than half the time then what was originally anticipated. This ordinance also provides options to the affected buildings. An individual building can choose to follow the terms of the new ordinance or they may elect to follow the 2015 International codes with a12 year allotment to implement all of its provisions.
Mayor Sanger closed the public hearing.
Alderman Winings introduced Bill No. 6619, an ordinance to consider approving a modification of Appendix M of the 2015 International Fire Code to be read for the first time by title only. Alderman Boulton seconded.
City Attorney O’Keefe reads Bill No. 6619, an Ordinance Amending Section 205.080 of the Clayton City Code Amending the Fire Protection and Prevention E Code of the City of Clayton, Missouri, Regarding Sprinklers in High-Rise Residential Buildings for the first time by title only.
The motion passed unanimously on a voice vote.
A MOTION TO CONSIDER APPROVING A LIQUOR LICENSE FOR EDLL, LLC D.B.A. PELICAN BAR LOCATED AT 30 N. CENTRAL AVENUE
City Manager Owens reported that EDLL, LLC d.b.a. Pelican Bar is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 30 N. Central Avenue.
The Police Department has completed its review of the application and supports the issuance of the requested license. The Planning and Development department has also approved the application with no objections.
The applicant has chosen not to submit a petition from surrounding property owners and first floor tenants. As a result, they are aware that this application must have a super majority vote of five Board of Aldermen members in order to be approved. Staff has requested that a representative be in attendance at the meeting.
Staff recommends passing a motion to approve the liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays.
Staff has requested that a representative be in attendance at the meeting. Staff recommends passing a motion to approve the liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays.
07-11-17 BOA Minutes July 11, 2017 Page 5 of 10 In response to the Board’s questions, Chris Sedlak, applicant, stated that the site is the former’s Jennifer’s Pharmacy and that the former Barrister’s property project has been placed on hold. He said that they plan on opening November 2017. The restaurant style will be small plates, casual, and an upscale menu.
Mayor Sanger commented that it is a great location for the venue.
Alderman Winings moved to approve a liquor license for EDLL, LLC d.b.a. Pelican Bar Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
A MOTION TO CONSIDER A LIQUOR LICENSE FOR THE CAPITAL GRILLE HOLDINGS, INC. D.B.A. THE CAPITAL GRILLE LOCATED AT 101 S. HANLEY ROAD., SUITE 120
City Manager Owens reported that the Capital Grille Holdings, Inc. d/b/a, the Capital Grille is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 101 S. Hanley Road.
The Police Department has completed its review of the application and supports the issuance of the requested license. The Planning and Development department has also approved the application with no objections.
The applicant has chosen not to submit a petition from surrounding property owners and the first floor tenants. As a result, they are aware that this application must have a super majority vote of five Board of Aldermen members in order to be approved. Staff has requested that a representative be in attendance at the meeting.
Staff recommends passing a motion to approve the liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays.
In response to the Board’s questions Jeff Dill, Manager/Partner, addressed the Board stating that he was formerly with Ruth’s Chris Steakhouse for seven years and that Capital Grille is planned to be open September 18, 2017. Mr. Dill also stated that they will be planning a Chamber ribbon cutting ceremony.
Alderman Winings moved to approve a liquor license for Capital Grille Holdings, Inc. d/b/a, the Capital Grille. Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
MOTION TO APPOINT MEMBERS TO THE BOARDS AND COMMISSIONS
Mayor Sanger recommended the following individuals are appointed:
Charter Task Force - Deborah Grossman, Ward 1, Richard Goldberg, Ward 2, Gary Feder, Ward 3
City Plan Commission/ARB - Brian Maguire, Ward 3
Economic Development Advisory Committee - Charles Brennan, Ward 2
Sustainability Committee - Susan Buse, Ward 2
lots must have at least one hundred (100) lineal feet on any one (1) street frontage); and
07-11-17 BOA Minutes July 11, 2017 Page 7 of 10
The purpose of the Subdivision Regulations is to provide for the orderly and efficient development of the City of Clayton by providing rules, regulations and standards to guide land subdivision within the City and is to be administered to insure the proper use of land in accordance with the Clayton Zoning Ordinance. The approval of circular driveways in the R-1 zoning district is granted to the ARB pursuant to the R-1 zoning district standards referenced above and Section 400.110 of the Land Use Code, which sets forth the duties and responsibilities of the ARB to conduct design and material reviews of certain construction projects (as opposed to the division of land which is governed by Section 415.600 which is referenced in the applicant’s grounds for appeal). The applicant’s appeal also indicates that the ARB erred in denying approval of the circular driveway based on the ARB’s opinion that the project is not compatible with the neighborhood. The June 19, 2017, staff report sent to the ARB for consideration of the driveway project outlines the staff position on the proposed driveway with respect to its compatibility with the neighborhood. The staff concluded that the design and materials of the front drive were compatible with the neighborhood and character of the existing home and recommended approval of the driveway. However, the staff’s recommendation was not supported by the ARB, per the attached minutes of the meeting.