He asked how long that process generally takes. Director Istenes indicated that a text amendment takes approximately 3 months; a new overlay takes about 18 months. Mel Disney commented that this Board has determined that no error occurred; noting that the company {True Title} has been in Clayton for a long time and that time frame would not be in their best interest. Chairman Soule stated that this Board can grant an exception and provide relief. Director Istenes stated that if an exception is allowed, the exception would only be granted to True Title for this particular space, so no precedent would be set….each application is considered on its own merit. Nicki Herrington asked for confirmation that an exception would not be able to be transferred to another future title company. Director Istenes confirmed.

7

Chairman Soule asked for confirmation that an Occupancy Permit was issued by the City in 2012 for True Title to occupy 21 North Meramec Avenue.

Director Istenes replied “yes”.

City Attorney Heinz read the City’s Exhibits into the record (for the second appeal):

A. City of Clayton Code of Ordinances & City Master Plan B. Denial from the City C. Application for Appeal D. Staff Report

Chairman Soule asked the applicant if he had any objections to these exhibits being made part of the record.

Mr. Dufour replied “no”.

Chairman Soule asked Mr. Dufour if he wanted to offer the same exhibits into the record as was offered for the first appeal.

Mr. Dufour replied “yes”.

City Attorney Heinz reminded the Chairman to inquire as to whether anyone in the audience wanted to speak in opposition to the requested variance.

Chairman Soule asked if anyone in the audience wanted to speak against the requested variance.

There were no responses.

Chairman Soule noted that the staff report had been received. He asked if staff believes that granting this variance would negatively impact light or air to adjacent properties.

Director Istenes replied “no”.

Chairman Soule asked if staff believes that granting this variance would be a detriment to safety.

Director Istenes replied “no”.

Hearing no further comments or questions, Chairman Soule called for a motion.

Nicki Herrington made a motion to grant a use variance to True Title Company to allow them to occupy ground level tenant space at 30 North Brentwood Boulevard as requested. The motion was seconded by Mary Debenedetti and received the following roll call vote: Ayes: Mel Disney, Nicki Herrington, Mary Debenedetti & Chairman Soule. Nays: Liza Streett. Motion carries and the variance is granted.