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minutes 2016-04-07 City meeting records #qe266910f Open original ↗

April 7, 2016 — Meeting Minutes

This is the Board of Adjustment meeting minutes for April 7, 2016. The document records roll call, approval of prior meeting minutes, and two appeals: one by an architect for property at 228 Topton Way and another by representatives of Kol Rinah for 7701 Maryland Avenue seeking variances for parking and lot coverage. The excerpts record testimony, exhibits submitted, discussion of parking counts (existing 27 spaces, applicant sought about 40, staff noted 1 parking space equals 0.5% in coverage and that reducing coverage by 6% would require removing 12 spaces), and references to Plan Commission review and potential shared-parking lease agreements; no final board vote on the appeals is recorded in the provided excerpts.
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Susan Istenes replied “yes”. Acting Chairman Disney stated that he appreciates the presentation and reminded the members that conditional approval is acceptable. Rick Bliss made a motion to approve the 102 parking space variance, as requested, subject to submittal of a formal agreement/lease with Pierre Laclede establishing a minimum of 130 parking spaces being made available to the synagogue Friday evenings, Saturdays and Sundays. The motion was seconded by Ray Tait and unanimously approved by the Board. (Note that what had previously been submitted by the applicant was a “letter of intent”; not a formal agreement and/or lease). Action was requested regarding the request for a 6.43% variance from the maximum allowable impervious coverage of 55%. Ray Tait made a motion to approve a 6.43% variance from the impervious coverage allowance of 55%. There was no second. Motion died due to lack of a second. Acting Chairman Disney commented that both requests have been addressed. Acting Chairman Disney indicated that the same application cannot be submitted for at least a year; however, a different application can be submitted.

Acting Chairman Disney asked if they could go to the Plan Commission first and then come before this Board. Susan Istenes stated that the Plan Commission looks at site plans in accordance with current code and feels it is improper to seek approval of a site plan that does not meet Code and has not received variance approval. She stated that this is an unusual situation here in that the public sidewalk is within the property boundaries (on the site) and our code does not allow them to be excluded. Acting Chairman Disney asked if this is inherent in an urban environment. Susan Istenes concurred, adding that it happens with expansion and growth as it did at Central Presbyterian Church. Mr. Feder informed the members that his clients were told that this matter needed resolved first. He agreed that this is an unusual situation with the sidewalk and he believes the parking variance request is reasonable as is the coverage request. He added that without this Board’s approval, they cannot move forward. Rick Bliss asked what the recourse is if Pierre LaClede sold their property or changed their mind with respect to the parking. Susan Istenes stated that the City has required lease agreements when there has been shared parking.

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Acting Chairman Heinz commented that a cross easement is easy to get. Mr. Feder indicated that he has no objection to seeking a more formal parking agreement from Pierre LaClede and that he does not believe getting one will be a problem. Liza Streett stated that she sympathizes with the elderly needing access and that due to lack of on-site parking, teachers and people attending the St. Michael/St. George Church services park in the area streets and wonders if this project could get by with fewer on-site spaces by having the teachers park off-site. She added that on-site parking for teachers is more of a convenience than a necessity. Rabbi Arnow commented that the parking used on Saturday mornings and Friday nights is largely by the elderly; adding that on Saturday mornings, they could easily use all the spaces by people 80+ years of age. Mr. Oats stated that Linden Avenue is a residential street. Susan Istenes reiterated that site plan issues are taken up at the Plan Commission meeting; not here. She announced that notices of Plan Commission/Architectural Review Board agenda items are sent out to owners within 200-feet of all projects. Acting Chairman Disney asked if the Plan Commission will review and landscape plan. Susan Istenes replied “yes”. Acting Chairman Disney stated that he appreciates the presentation and reminded the members that conditional approval is acceptable.

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Mr. Feder stated that the two issues are linked and that they would like to move forward and the only way to get through this is to reduce parking.

Susan Istenes commented that the Plan Commission can allow coverage up to 60%.

Rick Bliss informed Mr. Feder that it seems that based on the vote, they are being encouraged to do that [reduce parking].

Being no further business for this Board of Adjustment this evening, the meeting adjourned at 6:32 p.m.

_________________________ Recording Secretary

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