September 1, 2016 — Meeting Minutes

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2 COVER SHEET INFORMATION 3

4 Date of Job: September 1, 2016 5 IN RE: The Matter of 6 BOARD OF ADJUSTMENT HEARING 7 CITY OF CLAYTON, MISSOURI 8

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Concannon & Jaeger St. Louis, Missouri (314) 421-1000

2 1 IN THE CITY OF CLAYTON 2 STATE OF MISSOURI 3

4 IN RE: The Matter of 5 BOARD OF ADJUSTMENT MEETING 6 September 1, 2016 7

8 BE IT REMEMBERED that the above-entitled 9 matter came on for a hearing at Clayton City Hall, 10 Second Floor Council Chambers, 10 North Bemiston 11 Avenue, in the City of Clayton, State of Missouri, on 12 the 1st day of September, A.D., 2016, commencing at the 13 hour of 5:00 in the evening of that day, said hearing 14 having been called by the City of Clayton Board of 15 Adjustment, pursuant to the issuance of due notice to 16 all parties in interest, and the following is a 17 transcript of the pre-recorded record made of all 18 proceedings held during the course of that hearing. 19

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Concannon & Jaeger St. Louis, Missouri (314) 421-1000

3 1 APPEARANCES: 2

3 Gary Soule - Chairman 4 Mel Disney - Member 5 Rick Bliss - Member 6 Ray Tait - Member 7 Anne Martin - Member 8

9 Louis Clayton - City Planner 10 Kenneth J. Heinz - Acting City Attorney 11

12 For the Property at 213 North Bemiston: 13 John S. Odom - Architect 14

15 For the Property at 9 East Brentmoor Park: 16 Alvah Levine - Architect 17

18 For the property at 8028 and 8034 Crescent Drive: 19 Scott Mehlman - Owner/Applicant 20 Blair Mehlman - Owner/Applicant 21 David Neiers - Attorney, 120 South Central Avenue, 22 Suite 1420 23

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Concannon & Jaeger St. Louis, Missouri (314) 421-1000

4 1 THE CHAIRMAN: I would like to ask 2 everybody to take a seat, please and we're going to get 3 started. Again, welcome. It's 5:05 p.m. The normal 4 starting time is 5:00, so I acknowledge that we are 5 starting five minutes late this evening. 6 Just to make sure you are all in the right 7 place, this is a regular meeting of the City of Clayton 8 Board of Adjustment. My name is Gary Soule and I am 9 the chairperson. We will be presiding over this 10 meeting and I am going to ask the other board members 11 and staff to introduce themselves at this time. Anne, 12 would you please begin? 13 MS. BISHOP: Anne Bishop. 14 MR. TAIT: Ray Tait. 15 MR. DISNEY: Mel Disney. 16 MR. BLISS: Rick Bliss. 17 MR. CLAYTON: Louis Clayton. 18 MR. HEINZ: Ken Heinz. 19 THE CHAIRMAN: Thank you. Board members 20 and alternates are appointed by the mayor and approved 21 by the Board of Aldermen. Members serve without 22 monetary compensation. This board consists of five 23 regular members and three alternate members. All 24 members must be residents of the City of Clayton and 25 hold no other office or position in city government. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

5 1 Four votes in favor of granting a variance are required 2 to decide in favor of the applicant. This is a duly 3 advertised meeting and these proceedings are on the 4 record. At this time, Louis, would you please call the 5 roll? 6 MR. CLAYTON: Rick Bliss? 7 MR. BLISS: Here. 8 MR. CLAYTON: Mel Disney? 9 MR. DISNEY: Here. 10 MR. CLAYTON: Ray Tait? 11 MR. TAIT: Here. 12 MR. CLAYTON: Anne Bishop? 13 MS. BISHOP: Here. 14 MR. CLAYTON: Chairman Gary Soule? 15 THE CHAIRMAN: Here. Thank you, Louis. 16 Before we proceed, I want to take just a moment to 17 thank Anne Martin for her many years of dedicated 18 service as a member of the Board of Adjustment and 19 would like the record to reflect that. 20 Anne has been replaced on the board by 21 Nicki Herrington, who wasn't able to attend this 22 meeting. So we will save our welcome for Nicki to our 23 next meeting and I did want to acknowledge a thank you 24 from the board to Anne, for all of her years of 25 dedicated service. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

6 1 Let's see. Next, let's look at the 2 minutes of the July 7, 2016 meeting. Does anyone have 3 any proposed changes or questions regarding the 4 meetings that have been submitted? 5 MR. BLISS: I had one. On page two -- 6 THE CHAIRMAN: Yes, sir. 7 MR. BLISS: -- paragraph four, it reads on 8 line three, "Which presented a problem so they have 9 backed," I think the word should be off and not on. 10 THE CHAIRMAN: I agree. I noted that and 11 I believe Mel made a -- had the same notation. 12 Is that right, Mel? 13 MR. DISNEY: Yes. 14 THE CHAIRMAN: Okay. So the record will 15 reflect that correction. Any other changes or 16 corrections, Rick? 17 MR. BLISS: No. 18 THE CHAIRMAN: Anybody else? 19 Mel, did you have any others? 20 MR. DISNEY: Basically, just a word, 21 possibly, on page four, about the middle of the page. 22 "There would be no issue," or no action is the 23 conclusion of that statement. 24 THE CHAIRMAN: Rick, do you see that? The 25 paragraph starts, "Chairman Soule informed Mr. Odom Concannon & Jaeger St. Louis, Missouri (314) 421-1000

7 1 that because he is changing the variance request, he 2 would still simply resubmit a new application; in other 3 words there would be no issue." I didn't pick up on 4 anything. Do you think that issue is okay? 5 MR. BLISS: I think so. 6 MR. DISNEY: I withdraw. 7 THE CHAIRMAN: Okay. Very good. I had a 8 question on page seven, about, I don't know. Just past 9 halfway down, it starts, "Mary DeBeneditti asked how 10 many," it's not congregates. I believe it should be 11 "Congregants the Journey Church has." 12 MR. BLISS: Yes. 13 THE CHAIRMAN: So we will change 14 congregates to congregants on page seven. And then on 15 page nine, the third to the last paragraph, "There were 16 no objections to this exhibit being entered into," 17 insert the word "the" before "record." 18 Does that look right? 19 MR. BLISS: Sure. 20 THE CHAIRMAN: Okay. So with those 21 proposed changes, we'll ask that those changes be made 22 to these minutes and we will review them again, for 23 approval, at our next meeting. Does that make sense? 24 Give Kathy a chance -- 25 MR. BLISS: Do you want to approve them Concannon & Jaeger St. Louis, Missouri (314) 421-1000

8 1 now? 2 THE CHAIRMAN: Do you want to approve 3 them, as amended? 4 MR. BLISS: Why not? 5 THE CHAIRMAN: Okay. Is there a motion? 6 MR. BLISS: So move. 7 MR. DISNEY: Second. 8 THE CHAIRMAN: All in favor, then, of 9 approving the minutes for the board meeting of July 7, 10 2016, as amended, indicate by saying aye. 11 MR. BLISS: Aye. 12 MR. DISNEY: Aye. 13 MR. TAIT: Aye. 14 THE CHAIRMAN: Aye. 15 MS. BISHOP: Aye. 16 THE CHAIRMAN: Any opposed? So the 17 minutes, as amended, for July 7, 2016 will be approved. 18 Thank you. Okay. So we have three matters on our 19 agenda this evening. We will take those matters in the 20 order that they appear. 21 And tonight, we are going to ask that 22 anyone who chooses to speak, at the time that they come 23 to the podium to be sworn in, please write your name 24 and either your home or -- if you are a resident, your 25 home address. If you're a professional speaking on Concannon & Jaeger St. Louis, Missouri (314) 421-1000

9 1 behalf of the applicant, please write your business 2 address on the sign-in sheet that's at the podium. 3 Is that correct, Louis? 4 MR. CLAYTON: Yes. 5 THE CHAIRMAN: Okay. Very good. So the 6 first matter tonight is an appeal submitted by John S. 7 Odom, architect on behalf of Richard Hawes, owner for a 8 three foot, 11.5 inch variance from the required side 9 yard setback of six feet, to allow the construction of 10 an addition at 213 North Bemiston Avenue. 11 Mr. Odom, are you here? 12 MR. ODOM: I'm right here. 13 THE CHAIRMAN: Okay. Very well. Let's 14 see. And you are signed in? You are doing that now. 15 Is there anyone else, in addition to Mr. 16 Odom, who intends to speak, either for or against the 17 appeal for the property at 213 North Bemiston Avenue? 18 MR. ODOM: No. 19 THE CHAIRMAN: Mr. Odom, hold on for just 20 a minute. 21 MR. ODOM: Okay. 22 THE CHAIRMAN: Mr. Heinz, does the city 23 have any exhibits it would like to offer as part of the 24 record on this appeal? 25 MR. HEINZ: Yes. Exhibit A, Code of Concannon & Jaeger St. Louis, Missouri (314) 421-1000

10 1 Ordinances for the City of Clayton and the Clayton 2 Master Plan. Exhibit B, the Zoning Review Application 3 and Denial Letter from Louis Clayton, Planner. Exhibit 4 C, the Appeal to the Board of Adjustment. Exhibit D, 5 the drawings submitted by the applicant, including the 6 property surveys, site plan and elevation. Exhibit E, 7 the Staff Report. 8 THE CHAIRMAN: Very good. Thank you, Mr. 9 Heinz. 10 Mr. Odom, do you have any objection to the 11 city's exhibits being made a part of this record? 12 MR. ODOM: I do not. 13 THE CHAIRMAN: Okay. Then the city's 14 Exhibits A through E will be received for 15 consideration, as part of this Appeal. 16 Mr. Odom, would you raise your right hand? 17 Mr. Clayton, are you going to do the 18 swearing in? 19 MR. CLAYTON: I will. 20 THE CHAIRMAN: Thank you, sir. 21 MR. CLAYTON: Please raise your right 22 hand. Do you swear to tell the truth, the whole truth 23 and nothing but the truth? 24 MR. ODOM: I do. 25 THE CHAIRMAN: Mr. Odom, please proceed. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

11 1 MR. ODOM: Okay. Thank you, again for 2 having me. As you will recall, I was here two months 3 ago and you even mentioned that I would mention that 4 here, so thank you for having me back. 5 I do apologize. I am a little under the 6 weather here, so I will try to make it somewhat short 7 here. So just to recap, as we spoke two months ago, 8 the application was made for a longer variance addition 9 here, for a much larger addition as we were showing on 10 the property. 11 And during that meeting, I brought back 12 some documents that only wanted to have a portion of 13 the bay window squared off, which we were looking at 14 2.5 square feet. That's all we are looking for here. 15 So as the appeal shows, it's a three foot, 11.5 inch 16 variance from the six foot side yard setback. 17 And so all we are doing on this portion is 18 again, I have a picture of the property there. If you 19 are looking at that picture, it's the right-hand bay 20 window. We are just going to square it off and add 2.5 21 square feet to the house. 22 So I think you all remember the case, so 23 if you would like to ask me any additional, further 24 questions at this point, I will try to not take too 25 much of your time here. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

12 1 THE CHAIRMAN: Okay. Questions from any 2 of the members? No? 3 MR. BLISS: I want to clarify, maybe 4 mostly with Louis. When we first reviewed this, the 5 variance measurements were somewhat unknown and we 6 weren't sure if we were talking about five inches or 7 fourteen inches or whatever it might be and rather than 8 guess or leave it nebulous, the thought was, let's 9 bring you back here. 10 MR. CLAYTON: Correct. 11 MR. BLISS: Table the discussion and when 12 we know exactly what we are talking about, when you get 13 all of the things measured out, then we will present it 14 back to this board. Is that a decent summary? 15 MR. CLAYTON: Right. Because they changed 16 the plans when they came to this meeting. We didn't 17 have time to review those plans and verify the exact 18 encroachment. So this board approves variances for an 19 exact amount, so we needed that. 20 MR. BLISS: Just tighten it up a little 21 bit? 22 MR. CLAYTON: Correct. 23 MR. ODOM: So the application was just, as 24 you said, tightened up there and so the true 25 measurement there is that three foot, 11.5 inch Concannon & Jaeger St. Louis, Missouri (314) 421-1000

13 1 variance of the six foot side yard. So we are just 2 encroaching that, you know, that small amount or that 3 two and a half that it shows. 4 So it has been tightened up, because 5 before it would have allowed us to do whatever we 6 wanted at that point, even though we had no intent to 7 do that, it just needed to be tightened up. 8 MR. BLISS: I have one more thing. 9 THE CHAIRMAN: Sure. 10 MR. BLISS: On this form here -- 11 THE CHAIRMAN: Staff Report? 12 MR. BLISS: Well, it's actually on the 13 Appeal to the Board of the Adjustment, first page -- 14 THE CHAIRMAN: The Application? 15 MR. BLISS: -- under owner, Richard Mawes. 16 I believe the name is Hawes, with an "H". 17 MR. ODOM: That is correct. Yes. 18 THE CHAIRMAN: Yes. Okay. You had that 19 problem before, didn't you? 20 MR. ODOM: Yes. 21 THE CHAIRMAN: Got you. Okay. 22 MR. BLISS: That's it. 23 THE CHAIRMAN: Thank you. 24 Anyone else have any questions for Mr. 25 Odom? Concannon & Jaeger St. Louis, Missouri (314) 421-1000

14 1 Louis, let me just ask you a few questions 2 here. As far as the staff's observations, do you agree 3 that there are practical difficulties and necessary 4 hardships associated with the strict application of the 5 zoning regulations due to the exceptionally unique 6 circumstances or conditions, such that strict 7 application would deprive the owner of reasonable use 8 of the property, in this case? 9 MR. CLAYTON: So for this property, it's 10 an attached two family, which means that it shares a 11 wall with the adjacent property and in that case, you 12 can waive the side yard setback along the portion where 13 they share a wall. 14 The bay window in this project is not able 15 to waive that side yard setback, so it's subject to it. 16 It's somewhat of a unique circumstance where the 17 setback on one property depends on the built conditions 18 on the other property. 19 Staff also acknowledges that the addition 20 is relatively small and will amount to approximately 21 two and a half feet of additional living area. 22 THE CHAIRMAN: And does the staff 23 anticipate any significant detrimental effects on 24 public safety and welfare associated with approving the 25 requested variance? Concannon & Jaeger St. Louis, Missouri (314) 421-1000

15 1 MR. CLAYTON: Due to the small size of it, 2 no. 3 THE CHAIRMAN: And is it the staff's 4 observation that granting this variance would not 5 impair an adequate supply of light and air to the 6 adjacent property? 7 MR. CLAYTON: Yes. 8 THE CHAIRMAN: And would not increase 9 congestion in public streets or increase the danger of 10 fire, materially diminish or impair established 11 property values within the surrounding area and would 12 not, in any other respect, impair the public health, 13 safety, comfort, morals and welfare of the City of 14 Clayton? 15 MR. CLAYTON: That is correct. 16 THE CHAIRMAN: Thank you. 17 Mr. Heinz, anything -- 18 MR. HEINZ: No. 19 THE CHAIRMAN: -- for the city? Thank 20 you. 21 So at this time, the chair would entertain 22 a motion. Is there a motion? 23 MR. BLISS: I will move for approval of a 24 three foot, eleven and one-half inch variance from the 25 required six foot yard setback, pursuant to Section Concannon & Jaeger St. Louis, Missouri (314) 421-1000

16 1 405.2050.A.3. 2 THE CHAIRMAN: And that is a side yard 3 setback, is that correct, six foot side yard setback? 4 MR. BLISS: Side yard, yes. 5 THE CHAIRMAN: Is there a second for 6 Rick's motion? 7 MR. TAIT: I will second it. 8 THE CHAIRMAN: Very good. All in favor of 9 the motion, indicate by saying aye. 10 MR. BLISS: Aye. 11 THE CHAIRMAN: Aye. 12 MR. TAIT: Aye. 13 MR. DISNEY: Aye. 14 MS. BISHOP: Aye. 15 THE CHAIRMAN: Any opposed? No. The 16 motion carries unanimously. Your variance is approved. 17 Good luck, Mr. Odom to you and Mr. Hawes. 18 MR. ODOM: Thank you very much. I 19 appreciate your help on this. 20 THE CHAIRMAN: You are welcome. I hope 21 you are feeling better. 22 MR. ODOM: I appreciate that. 23 THE CHAIRMAN: Thank you. 24 The next item on our agenda is an appeal 25 submitted by Douglas and Sabrina Holtzman, owners for a Concannon & Jaeger St. Louis, Missouri (314) 421-1000

17 1 seven foot, five inch variance from the required 66.75 2 foot front yard setback and for a three foot, nine inch 3 variance from the required side yard setback of five 4 feet, to allow the construction of an accessory 5 structure at the northwest quadrant of the property at 6 9 East Brentmoor Park. 7 Are the Holtzmans ready to proceed? 8 MR. LEVINE: They are. I'm the architect. 9 THE CHAIRMAN: Good. And sir, your name 10 is? 11 MR. LEVINE: My name is Alvah Levine. 12 THE CHAIRMAN: Okay. And you are signing 13 in. Would you give us your business address, sir? Is 14 there anyone else here, besides Mr. Levine, who intends 15 to speak, either for or against this particular 16 application? 17 MR. LEVINE: The owners are here, in case 18 you have questions for them but at this point, they are 19 not -- 20 THE CHAIRMAN: I think to be on the safe 21 side and to plan ahead, if the Holtzmans are here, if 22 they will come forward, sign in, please and we will 23 swear in all of the witnesses at the same time. 24 Good evening. 25 MR. HOLTZMAN: Good evening. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

18 1 MS. HOLTZMAN: Good evening. 2 THE CHAIRMAN: Why don't we swear in 3 everybody, right now? 4 MR. CLAYTON: Please raise your right 5 hand. Do you swear to tell the truth, the whole truth 6 and nothing but the truth? 7 MR. LEVINE: Yes. 8 MR. HOLTZMAN: Yes. 9 MS. HOLTZMAN: Yes. 10 THE CHAIRMAN: Thank you. Very good. 11 The Holtzmans can have a seat for at least 12 a couple of minutes. 13 Mr. Heinz, does the city have any exhibits 14 it would like to be made part of the record in this 15 matter? 16 MR. HEINZ: Yes. Exhibit A, the Code of 17 Ordinances for the City of Clayton and the Clayton 18 Master Plan. Exhibit B, Zoning Review Application and 19 Denial Letter from Louis Clayton, Planner. Exhibit C, 20 the Appeal to the Board of Adjustment. Exhibit D, 21 drawings submitted by the applicant, including a 22 property survey, site plan and elevations and Exhibit 23 E, Staff Report. 24 THE CHAIRMAN: Mr. Levine, do you or the 25 Holtzmans have any objections to the city's exhibits Concannon & Jaeger St. Louis, Missouri (314) 421-1000

19 1 being included in the record, in this matter? 2 MR. LEVINE: No. 3 THE CHAIRMAN: Okay. Very good. Then 4 city's Exhibits A through E will be made part of the 5 record in this matter. Mr. Levine, the floor is yours. 6 Please proceed. 7 MR. LEVINE: Thank you. I will give you a 8 brief description. This is to build a freestanding 9 garage on the existing property. This is a corner lot 10 on Brentmoor. The side yard requirement, space and 11 depth on the property, this is quite a large property. 12 The side yard is calculated at 66 feet or so. 13 THE CHAIRMAN: Could you speak up just a 14 little bit? 15 MR. LEVINE: I will talk from here. 16 THE CHAIRMAN: Whatever is easiest. And 17 maybe -- I don't think the microphone is on. 18 MR. CLAYTON: The red light -- 19 THE CHAIRMAN: The red light means it is 20 on? 21 MR. CLAYTON: Yes. 22 THE CHAIRMAN: Excuse me. 23 MR. LEVINE: The existing setback from the 24 side yard, because it is a corner lot is based on 66 25 feet, based on the width of the lot. The rear yard is Concannon & Jaeger St. Louis, Missouri (314) 421-1000

20 1 five foot, which is the normal setback. The difficulty 2 here is that because it is such a large lot, we would 3 like to set the build fifty feet from the side property 4 line and the property also has a twelve foot high wall, 5 originally built as a tennis backstop, two feet from 6 the rear property line, which we would like to use as 7 the rear wall of the garage, rather than moving the 8 garage three feet forward and building another wall. 9 This is around a sixteen hundred square 10 foot, four-car garage. It's designed to mimic the 11 style of the house, so it will be a stucco, with stone 12 accents and a parapet, which is very similar to one of 13 the other wings of the house. You have your own 14 drawings, so I can flip things around here but -- it's 15 upside down. You didn't tell me. 16 THE CHAIRMAN: Hey, we don't want to do 17 all of your work. 18 MR. LEVINE: So at this point, I probably 19 can ask for questions. 20 THE CHAIRMAN: Okay. We are good at 21 questions. 22 Do any of the board members have any 23 questions for Mr. Levine or the Holtzmans? 24 MR. LEVINE: I actually have one other 25 thing to say. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

21 1 THE CHAIRMAN: Okay. 2 MR. LEVINE: Mr. Holtzman has gotten both 3 of the adjacent neighbors -- both have sent emails, 4 saying that they approve of the project and he has had 5 two trustees sign the drawings, which I have and I will 6 submit. 7 THE CHAIRMAN: Yes. And so am I correct, 8 Mr. Levine, that those emails and signed drawings 9 haven't yet been submitted to the city? 10 MR. LEVINE: Correct. 11 THE CHAIRMAN: And you are going to -- 12 MR. LEVINE: We'll submit that. 13 THE CHAIRMAN: -- do that? Okay. Very 14 good. 15 MR. DISNEY: I have a question. 16 THE CHAIRMAN: Mel? 17 MR. DISNEY: You clarified the point of 18 the concrete wall, with no grade information. I didn't 19 know if it was holding up the alley or what was going 20 on. 21 MR. LEVINE: No. The alley -- 22 MR. DISNEY: So you answered that question 23 that I have. But my concern or only comment, is that 24 wall all on their property? 25 MR. LEVINE: Correct. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

22 1 MR. DISNEY: Not in the right-of-way? 2 MR. LEVINE: Not at all. No. 3 MR. DISNEY: Okay. 4 MR. LEVINE: The grade of the property -- 5 has been previously graded, anticipating the tennis 6 courts, so it is dead level there. Slightly, with a 7 very minimal slope to a drain, so there is no grading 8 that is anticipated. 9 This -- the rear yard is about two feet 10 higher than the alley. There is a separate retaining 11 wall, that has nothing to do with the backstop wall, 12 which is a six inch thick reinforced concrete wall, 13 twelve feet high. 14 MR. DISNEY: Your statement of what it was 15 intended for clarified all of my questions. Thank you. 16 MR. LEVINE: Okay. 17 THE CHAIRMAN: Anyone else have any 18 questions for Mr. Levine or the Holtzmans? 19 MR. BLISS: I just have one. Mrs. 20 Holtzman's name is listed in the city documents as 21 Sabrina, with an "R" but is it not Sabina, no "R"? 22 MR. HOLTZMAN: No "R", correct. 23 MR. BLISS: For the record. Thank you. 24 I'm a stickler. 25 THE CHAIRMAN: Thank you, Rick. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

23 1 Any other questions? Okay. Very good. 2 Anne? 3 MS. BISHOP: I have a question. The 4 existing 12-foot wall, is that in conformance with 5 current setbacks? 6 MR. CLAYTON: There is no setback 7 requirements for walls. 8 MS. BISHOP: Okay. 9 MR. CLAYTON: In certain cases, new walls 10 in the front yard require approval by the ARB but there 11 is no setback requirement and in terms of height, it 12 would be a nonconforming wall. 13 MS. BISHOP: So if it was nonconforming, 14 would a variance have needed to have been obtained, in 15 order to -- 16 MR. CLAYTON: It could have been when the 17 wall was installed, there weren't the regulations that 18 we have in place now. I'm not sure how old the wall 19 is. 20 MR. LEVINE: Back in 2010, 2010? 21 MR. HOLTZMAN: 2002. 22 MS. BISHOP: I was getting to the 23 nonconformance issue. 24 MR. LEVINE: 2002. 25 MS. BISHOP: Okay. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

24 1 THE CHAIRMAN: Anyone else have any 2 questions? No? 3 Mr. Levine, anything else for you? 4 MR. LEVINE: Not if there's no questions. 5 THE CHAIRMAN: The area in question, where 6 the garage is going to be built, is currently concrete? 7 MR. LEVINE: Asphalt pavement. 8 THE CHAIRMAN: Asphalt pavement. I was 9 out there and looked at the property earlier today and 10 it looked like it was all concrete in front of an 11 existing garage; is that right? 12 MR. LEVINE: There's a garage with a -- 13 it's a carriage house attached to the building. 14 THE CHAIRMAN: And the entrance to that 15 garage is on the alley -- 16 MR. LEVINE: Correct. 17 THE CHAIRMAN: -- as I recall; is that 18 right? 19 MR. LEVINE: Yes. 20 THE CHAIRMAN: Very good. So Mr. Heinz, 21 anything from the city? 22 MR. HEINZ: No. 23 THE CHAIRMAN: Louis, just a couple of 24 questions, a few questions for you. So in terms of the 25 staff observations, with regard to the issue of Concannon & Jaeger St. Louis, Missouri (314) 421-1000

25 1 practical difficulties or unnecessary hardships 2 associated with a strict application of the zoning 3 regulations here, what are the staff observations? 4 MR. CLAYTON: Sure. So this is a corner 5 lot and so therefore, it has the two front yard 6 setbacks, which are more restrictive than other 7 setbacks. 8 The house itself is located in the 9 northeast corner of the lot, which limits the location 10 of a new garage. The applicant proposes to utilize an 11 existing paved area and an existing concrete wall for 12 the structure, which also constrains the location. 13 THE CHAIRMAN: So that sounds like a yes; 14 is that right? 15 MR. CLAYTON: Yes. 16 THE CHAIRMAN: Thank you. Then, with 17 regard to staff's observations in terms of observing 18 the spirit of the zoning regulations and securing 19 public safety and welfare, so granting this request 20 would not -- would observe the spirit of the zoning 21 regulations and secure public safety and welfare; is 22 that correct? 23 MR. CLAYTON: Yes. 24 THE CHAIRMAN: Thank you. And let's see. 25 Then, with regard to the issue of strict compliance Concannon & Jaeger St. Louis, Missouri (314) 421-1000

26 1 with the zoning regulations and the -- granting this 2 variance would not constitute a change in the district 3 map, correct? 4 MR. CLAYTON: Correct. 5 THE CHAIRMAN: Would not impair an 6 adequate supply of light and air to adjacent property? 7 MR. CLAYTON: Correct. 8 THE CHAIRMAN: Would not increase 9 congestion in public streets; is that correct? 10 MR. CLAYTON: Correct. 11 THE CHAIRMAN: Would not increase the 12 danger of fire? 13 MR. CLAYTON: Correct. 14 THE CHAIRMAN: Would not materially 15 diminish or impair established property values within 16 the surrounding area? 17 MR. CLAYTON: Correct. 18 THE CHAIRMAN: And would not, in any other 19 way -- in any other respect, impair public health, 20 safety, comfort, morals and welfare of the City of 21 Clayton? 22 MR. CLAYTON: That is correct. 23 THE CHAIRMAN: Thank you. 24 Mr. Levine, do you want to speak, briefly 25 about -- it looks like you considered three Concannon & Jaeger St. Louis, Missouri (314) 421-1000

27 1 alternatives; is that right? 2 MR. LEVINE: We looked at a couple of 3 alternatives that -- we need to leave space to the 4 building and there's really no place to put the 5 building, to put the garage, other than where we're 6 proposing it. 7 THE CHAIRMAN: Okay. 8 And so Louis, does the staff concur with 9 Mr. Levine's conclusions regarding any other 10 alternatives? 11 MR. CLAYTON: Yes. There was one 12 additional alternative, to reduce the size of the 13 attached garage, to conform with the setback 14 requirement. 15 THE CHAIRMAN: Okay. 16 Could you speak to that, just briefly, Mr. 17 Levine? 18 MR. LEVINE: You know, these are for -- 19 the Holtzmans have cars that they collect and so in 20 order to display them and have them, so that they are 21 easily accessible, this is the size that we elected to 22 do and rather -- this is not just cramming a car in, to 23 come in after work. It's so that he can have valuable 24 cars displayed. 25 THE CHAIRMAN: Okay. And the proposed Concannon & Jaeger St. Louis, Missouri (314) 421-1000

28 1 garage is all on one level? 2 MR. LEVINE: It's all on one level. 3 THE CHAIRMAN: One story? 4 MR. LEVINE: Correct. 5 THE CHAIRMAN: That's all I have. Anyone 6 else have any other questions or comments, with regard 7 to this appeal? Okay. In that case then, I would 8 entertain any motions regarding the requested 9 variances. 10 MR. TAIT: I move for approval of the 11 requested variance seventeen feet and five inches from 12 the required 66.75 foot front yard setback that's 13 relative to Section 405.1730.A.1, as well as the three 14 foot, nine inch variance from the required five foot 15 rear yard setback, relative to Section 405.1730.A.2.C 16 at the 9 East Brentmoor Park. 17 THE CHAIRMAN: Thank you, Ray. Is there a 18 section -- is there a second for this motion? 19 MS. BISHOP: Second. 20 THE CHAIRMAN: Thank you, Anne. 21 All in favor of Ray's motion, please 22 indicate by saying aye. 23 MR. BLISS: Aye. 24 MR. TAIT: Aye. 25 THE CHAIRMAN: Aye. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

29 1 MR. DISNEY: Aye. 2 MS. BISHOP: Aye. 3 THE CHAIRMAN: Any opposed? 4 The motion carries unanimously. Your 5 requested variance is approved unanimously. Thank you 6 and good luck. 7 MR. LEVINE: Thank you. 8 MR. HOLTZMAN: Thank you. 9 THE CHAIRMAN: You're welcome. 10 MR. LEVINE: Louis, do you want those 11 documents? 12 MR. CLAYTON: Yes. 13 THE CHAIRMAN: The emails and the signed 14 plans? 15 MR. CLAYTON: You can email them to me. 16 THE CHAIRMAN: All right. Our next matter 17 is with respect to the property at 8028 and 8034 18 Crescent Drive. Is the owner/applicant Scott Mehlman 19 present? 20 MR. MEHLMAN: Yes. 21 THE CHAIRMAN: Good. Are you ready to 22 proceed at this time? 23 MR. MEHLMAN: We are. 24 THE CHAIRMAN: Very good. Have you all 25 signed in, with your names and office, office Concannon & Jaeger St. Louis, Missouri (314) 421-1000

30 1 addresses, I suspect. Okay. So you all are going to 2 speak on behalf of the applicant; is that correct? 3 MR. MEHLMAN: That is correct. 4 THE CHAIRMAN: Okay. Very good. 5 Is there anyone here, who intends to speak 6 in opposition to this request? Okay. So very good. 7 I'm going to ask each of then, to come forward, sign in 8 on the sign-in sheet, with your name and home address 9 next, in the order that you all decide to speak. It 10 doesn't matter to us. Okay. So is everyone signed in, 11 who intends to speak, either for or against this 12 application? Very well. 13 Well, let's swear in all of the witnesses, 14 Louis. 15 So everyone who signed in, would you 16 please stand up and raise your right hand and Mr. 17 Clayton will swear you in? 18 MR. CLAYTON: Do you swear to tell the 19 truth, the whole truth and nothing but the truth? 20 MR. MEHLMAN: I do. 21 MR. MEHLMAN: I do. 22 MR. BURCH: I do. 23 MS. MURRAY: I do. 24 MR. SANDQUIST: I do. 25 MR. SACHAR: I do. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

31 1 MR. GOLEMBIESKI: I do. 2 MR. NEIERS: I do. 3 THE CHAIRMAN: Thank you all, very much. 4 Have a seat and I will get to you in just a minute. 5 Mr. Heinz, does the city have any exhibits 6 that it would like to be made part of the record in 7 this appeal? 8 MR. HEINZ: Yes. Exhibit A is the Code of 9 Ordinances for the City of Clayton and the Clayton 10 Master Plan. Exhibit B is the Zoning Review 11 Application and denial letter from Louis Clayton, 12 Planner. Exhibit C is the Appeal to the Board of 13 Adjustment. Exhibit D are the drawings submitted by 14 the applicant, including a boundary adjustment plan and 15 site plan and Exhibit E is the Staff Report. 16 THE CHAIRMAN: Does the applicant have any 17 objection to the city's exhibits A through E being made 18 part of the record? 19 MR. MEHLMAN: We do not and we do have 20 some additional exhibits to offer this evening. 21 THE CHAIRMAN: Very good. Then the city's 22 Exhibits A through E will be included in the 23 consideration of this matter. 24 Next, sir, would you state your name and 25 business address for the record, please? Concannon & Jaeger St. Louis, Missouri (314) 421-1000

32 1 MR. NEIERS: My name is David Neiers. I'm 2 the attorney for Mehlman Brothers Development and my 3 office address is 120 South Central Avenue, Suite 1420. 4 THE CHAIRMAN: Very good. Thank you, Mr. 5 Neiers. Now, would you identify the specific exhibits 6 that the applicant would like to make part of the 7 record in this matter? 8 MR. NEIERS: I believe the first one has 9 already been admitted. Is that correct, Mr. Heinz? 10 THE CHAIRMAN: Louis, is that the plans 11 that have been submitted? 12 MR. CLAYTON: Yes. 13 MR. HEINZ: His drawings. 14 THE CHAIRMAN: Okay. 15 MR. HEINZ: Exhibit D. 16 THE CHAIRMAN: So that's the drawings 17 submitted by the applicant, including the boundary 18 adjustment plan and site plan, so that's already the 19 city's Exhibit D. 20 MR. NEIERS: Okay. And then we have an 21 exhibit that lists Davis Place lots smaller than the 22 proposed adjusted subject property and that would be, 23 what, Exhibit F? Is that the next one? 24 THE CHAIRMAN: Louis, was that part of the 25 application that I saw somewhere or not? I thought I Concannon & Jaeger St. Louis, Missouri (314) 421-1000

33 1 saw that. 2 MR. NEIERS: It could be that you 3 mentioned it but I don't know that the -- 4 MR. CLAYTON: There was a list -- 5 MR. NEIERS: There was a list? 6 MR. CLAYTON: -- of homes provided with 7 the application. 8 THE CHAIRMAN: Is that what you are 9 referring, Mr. Neiers? 10 MR. NEIERS: I don't know what he is 11 referring to. 12 THE CHAIRMAN: There is a list of 30 total 13 addresses. 14 MR. NEIERS: Yes. Yes. 15 THE CHAIRMAN: Okay. And Louis, is that a 16 part of the Appeal to the Board of Adjustment; is that 17 correct? 18 MR. CLAYTON: Yes. As far as the Appeal 19 Application. 20 THE CHAIRMAN: Okay. So that's part of, 21 let's see, city's Exhibit C. Anything else? 22 MR. NEIERS: And then we have a list of 23 Davis Place lots smaller than the City of Clayton's 24 single family R2 minimum lot size of 7,500 feet. Was 25 that in the application packet? Concannon & Jaeger St. Louis, Missouri (314) 421-1000

34 1 THE CHAIRMAN: That's part of the appeal 2 also. So that's the 30 lots and then there's 13. 3 MR. NEIERS: Right. 4 THE CHAIRMAN: So those are all part of 5 the appeal; is that correct? 6 MR. CLAYTON: Yes. 7 THE CHAIRMAN: Okay. 8 MR. NEIERS: I know you don't have this. 9 This is a group exhibit of letters of support from 10 various neighbors in the subdivision. 11 THE CHAIRMAN: Okay. Sure. Is that an 12 extra copy for -- do you have copies for all of the 13 members? Do you have at least one for the record? 14 MR. NEIERS: We have got one copy for you 15 guys. 16 THE CHAIRMAN: Okay. Well let's -- would 17 you mark that, Mr. Neiers, as applicant's Exhibit 1, 18 please? Group Exhibit 1. And again, I think those 19 other two exhibits that you referred to are part of the 20 Appeal to the Board of Adjustment, which are included 21 in the City's Exhibit C. 22 If not, we'll take them from you. We want 23 to make sure that they get in but -- do you want to 24 pass those letters around, if you would? Okay. Very 25 good. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

35 1 MR. NEIERS: And then the last exhibit is 2 a proposed site plan and I say proposed, it's not 3 really a proposed site plan. It's a mock up of what 4 the largest size residence could be, if it's developed 5 under existing city code, with the adjusted lot size. 6 THE CHAIRMAN: Okay. And just -- 7 MR. NEIERS: It's not -- they don't 8 necessarily want to build anything this big but we 9 wanted to be able to show -- it can't be any bigger 10 than this, because I think a lot of people are fearful 11 of a monstrosity being built too close to the 12 neighboring house. It shows exactly where it could be 13 -- 14 THE CHAIRMAN: Okay. 15 MR. NEIERS: -- and where it can't be. 16 THE CHAIRMAN: And just so that I am 17 clear, has that exhibit already been submitted as part 18 of the appeal, Louis or is that something new? 19 MR. NEIERS: It has not. 20 THE CHAIRMAN: Okay. So let's call that 21 applicant's Exhibit 2 and that's a drawing of -- 22 MR. NEIERS: It's just a mock up of what 23 the city code would allow to be built on the adjusted 24 lot. 25 THE CHAIRMAN: Okay. Largest possible Concannon & Jaeger St. Louis, Missouri (314) 421-1000

36 1 residence on the site? 2 MR. NEIERS: Yes. 3 THE CHAIRMAN: Okay. And if you could 4 pass that around. 5 MR. NEIERS: Scott and Blair Mehlman, they 6 want to reference this also. If you want to leave it 7 -- 8 THE CHAIRMAN: Okay. When they get ready 9 to speak and they want to use it, sure. Any other 10 exhibits, Mr. Neiers, on behalf of the applicant? 11 MR. NEIERS: We do not. 12 THE CHAIRMAN: Okay. Please begin with 13 your presentation. 14 MR. NEIERS: Sure. I'd like to start with 15 describing the current condition. Right now, we have 16 two lots, Lot 9 and Lot 10. Lot 9 is 7,200 square 17 feet. Lot 10 is 7,352 square feet. 18 Both are less than what is currently 19 allowed under the city ordinance. However, as staff 20 has noted in their report, because Lots 9 and 10 were 21 platted before April 14, 1959, they are considered 22 conforming. 23 Therefore, buildable lots, even though 24 they are below the current minimum lot area of 7,500 25 square feet. So as the lots are currently platted, a Concannon & Jaeger St. Louis, Missouri (314) 421-1000

37 1 house can be constructed on Lot 10, today, without a 2 variance. What we are asking for and why we are asking 3 for a variance is that the residence that is 4 constructed on Lot 9 right now, is constructed up to 5 the current property line that is between Lots 9 and 6 10, without any setback. 7 And what we are proposing is to move that 8 property line by .43 feet to the east. And the reason 9 for that is to make sure that there is a sufficient 10 setback. 11 So you have Lot 9, which would now have 12 sufficient setback and then when you build a residence 13 on Lot 10, you would have the additional setback that 14 is required under city code, for new construction. 15 So you would have the setback for both 16 lots and that's really what you need, when you build 17 new construction like this. The benefit of doing this 18 is adjusted Lot 9 will now be 7,847 square feet. 19 So now, Lot 9 will conform in all respects 20 with the current code. Lot 10 will be 6,705 feet. So 21 it will still be less than what is required but it will 22 also -- instead of having two lots that don't comply, 23 now we are only going to have one lot that won't 24 comply. So we think that's a benefit, a significant 25 benefit, actually. Lot 10 is unique, because of the Concannon & Jaeger St. Louis, Missouri (314) 421-1000

38 1 size right now and so is Lot 9, because they both don't 2 comply with the current requirements, under the 3 ordinance. 4 We do believe that granting the variance 5 will observe the spirit of the zoning ordinance and 6 secure the public safety and welfare, because the lot 7 with -- the adjusted Lot 9 is going to meet the 60 foot 8 lot width required by the ordinance and adjusted Lot 10 9 would meet this requirement for its front property 10 line. 11 But what we are asking for is a variance 12 to the rear property line. The rear property line, as 13 it sits today, is 54.2 feet and it would be moved to 14 48.77. So it's not conforming today. It won't be 15 conforming in the future. 16 As I mentioned before, adjusted Lot 10 17 would now be -- excuse me. Adjusted Lot 9 will now be 18 in compliance and reducing the size of Lot 9 allows the 19 construction of a residence that would provide adequate 20 space between the two property lines. 21 If we didn't have this, we could build a 22 house that would have a setback. It would only be five 23 or six feet away from the existing residence and we 24 don't want that, so we would like to get that changed. 25 Because of this, there will be an adequate supply of Concannon & Jaeger St. Louis, Missouri (314) 421-1000

39 1 air and light and we would be able to build something 2 that is consistent with the neighborhood. We don't 3 want something that is going to stick out like a sore 4 thumb. 5 It will be very much in line with 6 everything that is already there. At this point, the 7 developer, Scott, is going to come first and elaborate 8 on a few additional items. 9 THE CHAIRMAN: Very good. Sir, before you 10 start speaking, would you state your name and business 11 address on the record? 12 MR. MEHLMAN: Sure. Scott Mehlman, 13 M-E-H-L-M-A-N. Address, 141 North Meramec Avenue, 14 Suite 101, Clayton, Missouri. 15 THE CHAIRMAN: Okay. Very good. Mr. 16 Mehlman, please proceed. 17 MR. MEHLMAN: Good evening, everybody. 18 Chairman Soule and the other members of the Board of 19 Adjustment and the City of Clayton staff. First and 20 foremost, I want to thank everybody for allowing us the 21 opportunity to be here this evening and make this 22 presentation. 23 I am Scott Mehlman. My brother, Blair and 24 I are Mehlman Brothers Development. We currently own 25 8028 Crescent. It is under contract. The owners of Concannon & Jaeger St. Louis, Missouri (314) 421-1000

40 1 8028 and 8034, Matt and Barb Orland are here this 2 evening. I also see some other residents, other 3 neighbors in the area, Davis Place as well, so I just 4 want to thank everybody who has come out tonight to be 5 here and to listen. 6 Just a little bit of information about 7 myself and Blair. So Blair and I are lifelong 8 Claytonians. In fact, we grew up in Davis Place. Our 9 mother still lives in that same house on Bemiston 10 Avenue. 11 Blair and I love Clayton, we truly do. We 12 do most of our business here. We work in Clayton. As 13 a matter of fact, in the past 24 months, we've done 14 three other projects in Davis Place, renovations, 15 additions. 16 Everybody loves them. I see a couple of 17 people here, who have been through our houses, nothing 18 but compliments. So we work in areas that other people 19 appreciate, which is how we feel about Clayton and 20 Davis Place, in particular. 21 In addition to Davis Place and those three 22 homes that we have done, we currently have two new 23 homes also under construction in the city limits of 24 Clayton. I want to take a moment to kind of now 25 describe this Exhibit C, which I believe everybody up Concannon & Jaeger St. Louis, Missouri (314) 421-1000

41 1 there has and I will -- 2 THE CHAIRMAN: Sure. We can give that 3 back to you. That's the mock up, Mr. Mehlman, of the 4 -- 5 MR. MEHLMAN: No. The tables. 6 THE CHAIRMAN: Okay. Sure. Go ahead. 7 MR. MEHLMAN: I will put them up here. 8 That's not going to work. You won't be able to see. 9 THE CHAIRMAN: You can put them in front 10 of there, I think. I don't know if we will see them 11 but -- maybe, yes. Because of the screen, I think that 12 we will be able to -- 13 Can you see them, Anne? 14 MS. BISHOP: Yes. 15 THE CHAIRMAN: Mel? 16 MR. DISNEY: Yes. 17 THE CHAIRMAN: Okay. Go ahead. 18 MR. MEHLMAN: As you can see on this 19 board, I have two separate charts. What you all are 20 well aware of and what David just talked about and what 21 the City of Clayton's requirements are, for minimum 22 building lot size, lot widths, lot dimensions, square 23 footage, et cetera. I have got two separate charts 24 here, both very important, both very informative. The 25 first one, which is in orange describes -- Concannon & Jaeger St. Louis, Missouri (314) 421-1000

42 1 THE CHAIRMAN: So that's the one that's on 2 the right; is that correct? 3 MR. MEHLMAN: Yes. 4 THE CHAIRMAN: Okay. 5 MR. MEHLMAN: The first one, in orange, 6 identifies only homes in the Davis Place subdivision 7 that are below -- houses, existing houses, that are on 8 lots smaller than the minimum building lot size of 9 Clayton, which is 7,500 square feet. 10 The average of those 30 homes is 7,100 11 square feet, okay? So there's 30 homes smaller than 12 7,500 square feet in Davis Place already. 13 The other one would be on the left, in 14 blue. In addition to those 30 homes in Davis Place, 15 under 7,500 square feet, there are another 13 homes in 16 Davis Place, which are smaller than the proposed site 17 of what we are trying to get adjusted for 8028 18 Crescent. 19 So there's 13 homes smaller than what we 20 are proposing. Those total average size of 6,500 21 square feet. We're trying to get adjusted lot size of 22 6,700 square feet. 23 So all together, there are 43 homes in the 24 Davis Place subdivision smaller than 7,500 square feet. 25 Over the past week or so, my brother and I have gone Concannon & Jaeger St. Louis, Missouri (314) 421-1000

43 1 around and talked to many neighbors, you know, up and 2 down the streets, friends, just kind of sharing, 3 spreading the word, of what is going on, because a lot 4 of things go on and unless you really go face to face 5 and start talking with people -- and we do this with 6 every development, not just this one. 7 The more people you give information to, 8 the better off you are ultimately going to be. We do 9 what we say. You have got to live and die by your 10 reputation in this town and we carry a pretty good 11 reputation. We want to keep it that way. 12 So what we were able to accomplish over 13 this past week, meeting with neighbors, like I said and 14 I think it was our applicant's Exhibit 1, that we just 15 added. 16 We have 12 letters of support from 17 residents of Davis Place. There's 12 of them, in fact, 18 there are many other neighbors who we have spoken to, 19 who absolutely do not oppose the adjustment. 20 We haven't talked very much about the 21 project itself, because that's not what this meeting is 22 about. It's about the adjustment. Many others do not 23 oppose it but because of conflict of interest, you 24 know, they are trustees or whatever or their neighbor, 25 whatever, if they would consider asking for a variance Concannon & Jaeger St. Louis, Missouri (314) 421-1000

44 1 one day, they just chose not to take a position, so 2 they didn't feel comfortable signing it. There were 3 also a handful of others who would have -- I say would 4 have signed our letter but they did not, because it is 5 our understanding that there is another petition going 6 around, from a neighbor, who was provided inaccurate 7 information about this potential project. 8 I believe, in fact, a few people who I 9 have since spoken to, have asked for their names to be 10 removed from that petition, because of the false 11 information that was provided to them. 12 At this point in time, I am going to let 13 Blair kind of address everyone with the factual 14 information about the preliminary site. David 15 mentioned about what Exhibit 2, the applicant was going 16 to do next. 17 THE CHAIRMAN: Okay. Very good. Thank 18 you. 19 MR. MEHLMAN: Thank you, Scott. 20 THE CHAIRMAN: And would you start by 21 stating your name and your business address for the 22 record, please? 23 MR. MEHLMAN: My name is Blair Mehlman. 24 My business address is 141 North Meramec, Suite 101, 25 Clayton, Missouri 63105 and I would like to, that Concannon & Jaeger St. Louis, Missouri (314) 421-1000

45 1 exhibit -- 2 Thank you. 3 So let's see if this is able to be seen. 4 I guess not. 5 THE CHAIRMAN: There you go. 6 MR. B. MEHLMAN: So I just thought it 7 would be helpful to kind of describe exactly where we 8 are in the process and try to answer some different 9 questions that may or may not be out there. 10 So this is a preliminary site plan as we 11 have mentioned. What basically, this shows, is if this 12 variance is granted, what type -- what size and type of 13 house could be built on that lot. 14 But it's really important to note and to 15 really take stock in the fact that nothing has been 16 finalized yet. This is just showing the maximum size 17 of a house that could be built. 18 In fact, it wouldn't be our intention to 19 build a house this large but there's a couple of things 20 that I want to point out. If we were to move forward 21 with this, we would be -- we would make sure that we 22 were, obviously, in compliance with everything that the 23 city requires for a new construction home, from rear 24 yard setbacks, rear and front yard setbacks, side yard 25 setbacks, going to the Architectural Review Board to Concannon & Jaeger St. Louis, Missouri (314) 421-1000

46 1 discuss different materials, height requirements and 2 all of that. Now obviously, our intention would be to 3 comply with all of that. In fact, as you can kind of 4 see here, the minimum side yard setback is calling for 5 five feet, by city code, I believe. 6 What we are actually proposing here, 7 because of the way the lot tapers, our average side 8 yard setback would be 6.45 feet, so we are exceeding 9 the minimum requirements, along with a couple of other 10 features of the house, that I would like to describe. 11 So you've got a nine-foot driveway, that 12 would be coming along the side of the house. You then 13 have a rear entry garage, a turnaround that does set 14 into the setback, which of course, is allowed by code. 15 What we would be intending to build here 16 is a two-story house. Again, you know, in union with 17 the other houses in the neighborhood. The maximum size 18 of a house that we could build according to our 19 architects and side yard setbacks and things of that 20 nature is about 3,600 square feet. 21 And that also takes into account pervious 22 coverage requirements and all of that sort of stuff. 23 Ultimately, what we would probably be looking at 24 building is a house more along the lines of 3,200 to 25 3,300 square feet, so again, under the maximum allowed Concannon & Jaeger St. Louis, Missouri (314) 421-1000

47 1 but that is kind of what we feel would fit in well. 2 And again, this whole process is just about the lot 3 adjustment. We would then go through the entire 4 Architectural Review Board process and all of that sort 5 of stuff, to make sure that we were in compliance with 6 the other requirements. 7 So I think that kind of concludes our 8 portion of it. Do the board members have any 9 questions? 10 THE CHAIRMAN: Do any members have any 11 questions for Mr. Neiers or either Scott or Blair 12 Mehlman? 13 MR. DISNEY: Mr. Chairman? 14 THE CHAIRMAN: Yes, Mel? 15 MR. DISNEY: A couple of questions. 16 THE CHAIRMAN: Sure. 17 MR. DISNEY: Initially, you have been 18 talking about the number of residents in Davis Place. 19 What is the total number of residents in Davis Place? 20 So the numbers that you quoted, we can't compare to how 21 many are residents -- 22 MR. MEHLMAN: I honestly do not know that 23 -- question -- I don't know if somebody on the staff of 24 the city knows. 25 THE CHAIRMAN: So Mel, your question is Concannon & Jaeger St. Louis, Missouri (314) 421-1000

48 1 the number of residents or the number of residences, 2 houses? 3 MR. DISNEY: The number of houses. 4 THE CHAIRMAN: Okay. 5 MR. DISNEY: He talked about the number -- 6 THE CHAIRMAN: Right. 7 MR. DISNEY: -- in Davis Place but never 8 related it to a total number. 9 MR. CLAYTON: I believe -- staff did the 10 calculation and I believe it's approximately 330 11 properties. 12 THE CHAIRMAN: I thought that I saw that 13 somewhere. Yes. 14 MR. DISNEY: Second question. You are 15 talking about making an adjustment relative to the 16 existing home and meeting the side yard setback. 17 What type of dimension would be necessary 18 in Lot 10, to make Lot 10 a higher square footage or 19 closer to the total number of square footage that is 20 recommended, compared to what it is now, which is 21 negligible? 22 MR. MEHLMAN: I'm not sure that I 23 completely understand your question but basically, what 24 we have proposed is if you draw a straight line, the 25 smallest movement of that line, in order to give Lot 9 Concannon & Jaeger St. Louis, Missouri (314) 421-1000

49 1 the appropriate setback. 2 MR. DISNEY: I understand that is your 3 goal. My question was: If you didn't quite do that 4 because presently, it's in violation and you're making 5 it comply. What is that dimension then? How much 6 would you reduce that 5.25 feet, in order to make Lot 7 10 the 7,500 square foot minimum for a new lot. Do you 8 know that? 9 MR. MEHLMAN: I don't think you can. 10 MR. MEHLMAN: You would have to take the 11 other house down. 12 MR. MEHLMAN: Yeah. 13 MR. DISNEY: In other words -- 14 MR. MEHLMAN: Because neither lot, as they 15 sit today, are 7,500 square feet. 16 MR. DISNEY: Okay. So what you are saying 17 is you can't make the proposed lot the full square 18 footage -- 19 MR. MEHLMAN: That is correct. 20 MR. DISNEY: -- because the two lots -- or 21 the one lot, even with the minimum setback that it has 22 today, would not comply? 23 MR. MEHLMAN: Correct. 24 MR. DISNEY: Okay. Is it correct -- am I 25 thinking down the line too far but under this proposal, Concannon & Jaeger St. Louis, Missouri (314) 421-1000

50 1 you will still come back to the city for an adjustment 2 necessary on the new lot? 3 MR. MEHLMAN: We are not aware of any 4 adjustments that will be necessary -- 5 MR. DISNEY: Okay. 6 MR. MEHLMAN: -- but will be necessary is 7 going before the Architectural Review Board. 8 MR. DISNEY: So basically, you are 9 splitting it, so that it becomes a complying lot, 10 except for the square footage? 11 MR. MEHLMAN: Exactly. And except for the 12 rear property line. 13 MR. DISNEY: Right. 14 MR. MEHLMAN: Exhibit 2. 15 MR. DISNEY: Right. You mentioned that. 16 I'm sorry. 17 All right. I have a question for Mr. 18 Heinz. This may be an inappropriate question, so I 19 will ask you. Typically, a home would be encumbered 20 with a mortgage and if in essence, we approve this, 21 we've cut down on the present property, which I assume 22 is encumbered by the larger piece of lot. 23 Can we do that kind of a thing? In other 24 words, the present home, I assume, has some kind of a 25 mortgage. But I am assuming the value of that property Concannon & Jaeger St. Louis, Missouri (314) 421-1000

51 1 relates to the size of the lot, also. Now, if we 2 change that and say, okay. You can go ahead and split 3 it. Can we do that or would the original mortgage 4 affect the -- 5 MR. HEINZ: The current mortgage holder 6 would have to consent and that would be the owner's 7 responsibility to do, not the city's. 8 MR. DISNEY: My question then, should we 9 not require that as part of this approval? If it is 10 approved, that all parties who have an interest, 11 clarify their position? How can we change the lot 12 size, when somebody -- 13 MR. MEHLMAN: If I can add and maybe this 14 isn't the time to interject but the owner of Lot 10 and 15 9 is the same person. So that is who we would be 16 purchasing the vacant lot from, owns the adjacent lot, 17 so they are in consent with this property adjustment. 18 And one more thing, the current owners of 19 both, of the existing house, 8034, there is no mortgage 20 on that house. 21 MR. DISNEY: Well, it is none of my 22 business but I told him what I was concerned about. 23 MR. MEHLMAN: You brought up mortgage. 24 MR. DISNEY: Approving something might be 25 in conflict with existing documents relative to it, so Concannon & Jaeger St. Louis, Missouri (314) 421-1000

52 1 that clarifies -- 2 MR. HEINZ: I understand your point and I 3 think it is well taken. To answer your question, I 4 think if we include a clause that anyone with an 5 existing financial interest should consent to the 6 granting of the variance. 7 MR. DISNEY: Thank you. That's all. Just 8 the one question. 9 MR. TAIT: I have a question. 10 THE CHAIRMAN: Before we go any further, I 11 am going to take a five minute recess and we will 12 adjourn -- we will resume. It's about 12 after and we 13 will resume about 17 after. 14 (Thereupon, a brief recess was taken.) 15 THE CHAIRMAN: It's about 6:18. We are 16 going to resume now. Thank you for that bathroom break 17 indulgence. I certainly appreciate it. 18 I think, Mr. Tait, did you have a 19 question? 20 MR. TAIT: I have one question for 21 verification. 22 THE CHAIRMAN: Sure. 23 MR. TAIT: I think the comment was made in 24 regard to the property, which the variance is in 25 question. The square footage of the structure that Concannon & Jaeger St. Louis, Missouri (314) 421-1000

53 1 would be built on that lot would be around 3,200, 2 3,300. When I look at the actual printout that you 3 provided, it says a 1,410 square foot house. Is that 4 just the first floor that you are referencing? 5 MR. MEHLMAN: Yes. That is just the first 6 floor, so that doesn't include the garage. So if you 7 double that -- 8 MR. TAIT: And you put on the second 9 floor, okay. 10 MR. MEHLMAN: So that's 2,800 plus 5,000. 11 MR. TAIT: Thank you. 12 THE CHAIRMAN: Do any other members have 13 any questions for the applicants at this time? No? 14 Okay. And it is my understanding that there's no plan, 15 at this time, to do anything with the current residence 16 that is on Lot 9; is that right? 17 MR. MEHLMAN: That is an excellent 18 question. At this point in time -- there is rumors out 19 there that also part of the original plan, either us or 20 some other developer to tear that house down or to 21 renovate that house, to do something else with it. 22 That house is staying where it is. 23 THE CHAIRMAN: And then to just expand on 24 that a little bit, Mr. Mehlman, the property that you 25 and your brother have under contract, is that Lot 10, Concannon & Jaeger St. Louis, Missouri (314) 421-1000

54 1 for purposes -- we have talked about Lot 9 and 10 -- 2 MR. MEHLMAN: Adjusted Lot 10. 3 THE CHAIRMAN: Okay. But the one that 4 you're looking -- 5 MR. MEHLMAN: Yes. 6 THE CHAIRMAN: Thank you for that 7 clarification. 8 MR. HEINZ: No objection to Exhibits 1 and 9 2. 10 THE CHAIRMAN: Very good. Thank you, Mr. 11 Heinz. That's on behalf of the city and that's the 12 applicants' exhibits. 13 All right. Let's hear from anyone who has 14 signed up to speak in opposition. Who signed up first? 15 Sir, if you would state your name and your 16 address, before you -- 17 MR. STEGMAN: Absolutely. My name is 18 Vince Stegman and I own the home at 8022 Crescent 19 Drive. 20 THE CHAIRMAN: 8022? 21 MR. STEGMAN: Yes. 22 THE CHAIRMAN: And where is that, in 23 relation to the subject property? 24 MR. STEGMAN: We would be Lot 11, directly 25 to the east. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

55 1 THE CHAIRMAN: Okay. 2 MR. STEGMAN: So right next to Lot 10. 3 THE CHAIRMAN: Next to Lot -- 4 MR. STEGMAN: -- yes. 5 THE CHAIRMAN: -- 10, which is the vacant 6 lot. Okay. Got you. And spell your last name for me. 7 MR. STEGMAN: S-T-E-G-M-A-N. 8 THE CHAIRMAN: Thank you, Mr. Stegman. 9 Please proceed. 10 MR. STEGMAN: Good evening and thank you 11 for allowing me and my neighbors this forum to speak. 12 So as I just said, my name is Vince Stegman. My wife, 13 Caroline and I, own the home and 8022. 14 We have been residents of Clayton for 15 eight years and feel very fortunate to be raising our 16 young children in such a great community. 17 So we oppose this variance request, as do 18 many of our neighbors. I do have the petition 19 previously referenced, that I would like to submit as 20 an exhibit to the board. 21 I did not come here tonight to disparage 22 my neighbors or speak ill of anyone. I am simply here 23 to voice my opinion and do what I think is best for my 24 family. So I will just leave it at that but I will 25 tell you that there are 44 names on this list, Concannon & Jaeger St. Louis, Missouri (314) 421-1000

56 1 representing neighbors only on Crescent and Seminole. 2 The circle around which this home resides and really, 3 the neighborhood, in the neighborhood that we are 4 speaking about tonight. 5 There are twenty-four of the thirty-two 6 homes on Seminole and Crescent, represented by those 7 forty-four names on this list. There are two that are 8 struck out, that people later called and asked me -- 9 they felt that they needed to remain neutral and of 10 course, I complied and removed their names. 11 THE CHAIRMAN: Let's see. I'm just trying 12 to think. Mr. Heinz, any suggestion as to how to mark 13 this exhibit? 14 MR. HEINZ: A-1, I think? 15 THE CHAIRMAN: I'm sorry? 16 MR. HEINZ: A-1, Mr. Stegman? 17 THE CHAIRMAN: How about opposition A-1? 18 And is that your only copy, Mr. Stegman? 19 MR. STEGMAN: That is yours. 20 MR. HEINZ: I have no objection to 21 Stegman. 22 THE CHAIRMAN: Maybe even before we see 23 it, why don't we show that to Mr. Neiers and the 24 applicant? 25 If you will take a look at that, Mr. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

57 1 Neiers and Mr. Mehlman and Mr. Mehlman and then after 2 you guys take a look at it, if you would circulate it 3 to the board members, please. 4 THE CHAIRMAN: Mr. Stegman, please 5 continue. 6 MR. STEGMAN: Thank you. The variance 7 process is designed to alleviate hardships 8 unintentionally caused by our city's ordinances. 9 These are typically requested by 10 residents, so that they can retain or improve the value 11 of their existing homes, that were built before these 12 rules were in place. 13 This request is not about replacing a 14 garage or building an addition to an existing home. 15 It's about building a new home in a previously 16 undeveloped yard, so I hope that you will consider this 17 important matter carefully. This variance will 18 establish Lot 10 as a lot suitable for building but it 19 will be nearly 800 square feet under ordinance 20 requirements. 21 As the Mehlmans have shown, there are 22 other lots in Davis Place smaller than this 7,500 23 square foot requirement but they were, first of all, 24 established decades ago. In some cases, probably back 25 to the 1920s, from what I have seen in the plat books. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

58 1 So there have been no lots, that I saw in that exhibit, 2 of lots that have been smaller than the proposed lot, 3 exists on Seminole or Crescent Drive. In fact, I don't 4 think there are any lots on Seminole or Crescent under 5 7,000 square feet, so this proposed lot would not 6 conform to the immediate neighborhood around the lot. 7 I worry about the precedent that this 8 variance would set, not just for Davis Place but for 9 all of Clayton. It essentially resets the minimum 10 required lot size written in the ordinance to a new, 11 smaller level. An approval could clear the path for 12 more homes to be built, wherever developers could find 13 untouched yard space. 14 The Clayton city website clearly outlines 15 the criteria that must be met for a variance request to 16 be granted and I would like to share my interpretation 17 of these criteria for you. 18 First of all, the owner of the land or 19 property must prove that there are severe practical 20 difficulties or hardships associated with the 21 provisions of the zoning ordinance. 22 Hardships may include the shape of the 23 lot, topography or other natural situations not the 24 fault of the applicant. The difficulty that we face 25 with this situation in that the existing home on Lot 9 Concannon & Jaeger St. Louis, Missouri (314) 421-1000

59 1 was built on the borderline of the lot. Prior to 2004, 2 the ownership of Lot 10 was split. The west half was 3 owned by 8034 Crescent and the east half owned by 8022 4 Crescent, before I owned the home. 5 Lot 10 was intended to be a yard split 6 between the two homes. The positioning of the home on 7 the lot line was not unusual, given these 8 circumstances. The position of the home does not 9 prevent any current renovation or even an addition to 10 be built to it. I do not consider this position a 11 hardship. 12 The next criteria, the owner must also 13 prove that the alternatives to the variance were 14 considered and the variance is the best course of 15 action. I believe that there are alternatives here. 16 They could sell 8034 as a home with a 17 large lot, a large yard. They could sell a portion of 18 Lot 10 to an adjacent neighbor. Admittedly, these 19 alternatives would result to a lower sales price to the 20 current owner. 21 The requested variance must not cause an 22 undesirable change to the character of the neighborhood 23 or a detrimental physical or environmental impact upon 24 the community. I think the character of our 25 neighborhood is certainly going to be changed and I Concannon & Jaeger St. Louis, Missouri (314) 421-1000

60 1 think this is evidenced by the 44 signatures on that 2 petition, representing the majority of homes on our 3 block. 4 And the last statement on the website. 5 Economic concerns are not a viable reason for a 6 variance request. This variance is clearly about 7 maximizing profits on the sale of the home and selling 8 what was previously a generous yard as a lot ready for 9 development. 10 Now, I do not fault any person for wanting 11 to maximize their gains on the sale of their home but 12 this is clearly a variance request based on economic 13 concerns. 14 This variance request does not demonstrate 15 hardship. There are alternatives and it is based 16 purely on economic concerns, therefore, should be 17 denied. Thank you. 18 THE CHAIRMAN: You are welcome. Thank 19 you, Mr. Stegman. Before you sit down, any questions 20 for Mr. Stegman? I have one. So as I understand your 21 position, statement, that you would be opposed to any 22 size residence being built on Lot 10? 23 MR. STEGMAN: The matter that I think we 24 are discussing here is not the size of the residence to 25 be built. It's the variance and so I do not know. The Concannon & Jaeger St. Louis, Missouri (314) 421-1000

61 1 Mehlman brothers and myself, we have talked and they 2 have shown me their plans, which, as drawn, do conform, 3 if the lot is determined to conform but they have also 4 said that they do not know what they are going to 5 build, obviously, until they have the opportunity to 6 get out with the surveyors and designers, so I do not 7 have an opinion on that. 8 THE CHAIRMAN: Well, I am not asking you 9 to comment on the Mehlman -- whatever the Mehlmans 10 might do with Lot 10. I just want to see if I am clear 11 as to what you are telling us, as this Board of 12 Adjustment, in terms of your opposition to the 13 requested variances. 14 MR. STEGMAN: I would oppose any building 15 on this lot. 16 THE CHAIRMAN: Okay. Thank you. I just 17 wanted to clarify that. Okay, good. Thank you, sir. 18 Who is next? Whoever signed up next. 19 MR. SANDQUIST: I don't know if I am next. 20 My name is Mark Sandquist. I live at 8000 Seminole. I 21 am opposed to the development. The only thing that I 22 have to add is that I signed the Stegmans' petition 23 last Friday and then had the opportunity to speak to 24 the Mehlmans on Tuesday. Nothing that was presented to 25 me by the Stegmans was materially different. My Concannon & Jaeger St. Louis, Missouri (314) 421-1000

62 1 understanding was not materially different from what 2 the Mehlmans presented me. That's it. 3 THE CHAIRMAN: Okay. Hang on. Hang on. 4 Anybody have any questions for -- 5 I'm sorry, sir. Your name, again? 6 MR. SANDQUIST: Mark Sandquist. 7 THE CHAIRMAN: And spell your last name. 8 MR. SANDQUIST: S-A-N-D-Q-U-I-S-T. 9 THE CHAIRMAN: Okay. Anybody have any 10 questions for Mr. Sandquist? 11 Mr. Sandquist, my question to you is the 12 same as I asked Mr. Stegman. So do you oppose any 13 residence being built on Lot 10? 14 MR. SANDQUIST: Yes. That's correct. 15 THE CHAIRMAN: Okay. Thank you, sir. 16 Who is next? 17 Sir, please start by stating your name and 18 your address. 19 MR. SACHAR: Yes. My name is Jerry 20 Sachar. I live at 8021 Crescent, which is catty-corner 21 from the property. It might even be across the street. 22 No. Not across the street. It is catty-corner from 23 the property. 24 THE CHAIRMAN: And spell your last name 25 for me. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

63 1 MR. SACHAR: Sachar, S-A-C-H-A-R. I am 2 representing five registered voters in my house. 3 THE CHAIRMAN: This is not an election, so 4 I -- 5 MR. SACHAR: I agree with what Vince said 6 and I am opposed to this. I don't know where the guy 7 -- those houses, those small houses, they are nowhere 8 near where we are, I don't believe, because I am not 9 seeing any of those on our dog walks around the 10 neighborhood. 11 They must be way around the periphery or 12 at the other end. And I am not sure where all of those 13 signatures were coming from. When you look at the 14 addresses, they are probably way, way -- it could be 15 six blocks away from this neighborhood. 16 THE CHAIRMAN: The addresses that you are 17 talking about are on the smaller lots or on the -- 18 MR. SACHAR: The ones that -- 19 THE CHAIRMAN: Their letters of support, 20 you are saying? 21 MR. SACHAR: Yes. I don't know where 22 those people live or if they are anywhere near where we 23 live. 24 THE CHAIRMAN: Okay. Fair enough. 25 MR. SACHAR: I don't know if this is Concannon & Jaeger St. Louis, Missouri (314) 421-1000

64 1 accurate but when they say that they are under 2 contract, is this a conditional contract or -- 3 MR. MEHLMAN: If approved. 4 MR. SACHAR: It's a contingent contract -- 5 MR. MEHLMAN: Yes. 6 MR. SACHAR: -- it's not a real contract, 7 so if this doesn't go through, they are not really 8 doing that and I don't think that that really came 9 through -- 10 THE CHAIRMAN: Well, so I think -- 11 MR. SACHAR: -- or whether that's 12 relevant. 13 THE CHAIRMAN: Well, I think it's probably 14 relevant. But it is a real contract. It's a contract 15 with a particular condition, which isn't unusual, in 16 terms of matters that come before this board. So their 17 situation is not unique and isn't something that we 18 don't see on a regular basis here at the Board of 19 Adjustment, okay? 20 MR. SACHAR: Okay. That's great. Anyway, 21 I agree with everything that he said. 22 THE CHAIRMAN: Okay. Hang on. Hang on. 23 Before you sit down, does anybody have any questions 24 for Mr. Sachar? 25 MR. SACHAR: And also, I don't know if Concannon & Jaeger St. Louis, Missouri (314) 421-1000

65 1 anybody else was but as you were asking -- I was 2 guessing that you were going to ask me if I am opposed 3 to it, any building on that property? 4 THE CHAIRMAN: I am going to ask you that. 5 So is that your answer? 6 MR. SACHAR: Yes. 7 THE CHAIRMAN: Thank you. 8 MR. SACHAR: Are you talking about the 9 current Lot 10 or the new Lot 10? Because they are two 10 different lots. 11 THE CHAIRMAN: Either Lot 10. 12 MR. SACHAR: I mean, if it were bigger -- 13 if it were a big -- the full-sized lot, it would be one 14 thing. But the micro lot, not necessarily and so -- 15 THE CHAIRMAN: So the micro lot, in your 16 speaking, is the current Lot 10; is that correct? 17 MR. SACHAR: Yes. I see a small house or 18 somewhat of a shotgun kind of house, if they are going 19 to build something there, which is really out of 20 character, in that area. This ship really sailed when 21 the original house was built on the property line. I 22 mean, that's why they had the lot split in half. 23 THE CHAIRMAN: You are referring to the 24 residence that is currently on Lot 9? 25 MR. SACHAR: Correct. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

66 1 THE CHAIRMAN: Okay. Thank you. Anything 2 else? 3 MR. SACHAR: No. 4 THE CHAIRMAN: Anybody have any questions 5 for Mr. Sachar? 6 Thank you, sir. 7 Next? 8 MR. GOLEMBIESKI: Hi. I'm Michael 9 Golembieski. My wife, Cheryl and I live in 8045 10 Crescent Drive. 11 THE CHAIRMAN: Would you -- 12 MR. GOLEMBIESKI: My first name is Mike 13 and my last name is spelled G-O-L-E-M-B-I-E-S-K-I. 14 THE CHAIRMAN: Thank you, sir. 15 MR. GOLEMBIESKI: And our home at 8045 is 16 within eyesight of the two properties in question, Lot 17 9 and Lot 10. We were signatories to the petition. 18 Our opinion is a little different than some of the 19 others. 20 We are not in opposition to any 21 construction on Lot 10 but we see alternatives to the 22 use of Lot 10, that could actually enhance the value of 23 Lot 9 and enhance the value of other properties in the 24 neighborhood. It is our understanding that the 25 existing home on Lot 9 does not, at the present time, Concannon & Jaeger St. Louis, Missouri (314) 421-1000

67 1 have a usable garage. The former garage in that house 2 has been turned into living space, so in effect, there 3 is no garage for the existing home in Lot 9. 4 To us, it seems like a more practical 5 approach, since both Lot 9 and 10 are currently owned 6 jointly, is to erect a proper rear-entry garage on the 7 back of that house, reroute the existing driveway, 8 which right now abuts directly the driveway or the 9 house next door, on the right side, to that lot or 10 through that lot on Lot 10 and make it a proper garage. 11 I mean, in our view, we would see that as 12 not only enhancing the value of the existing home on 13 Lot 9 but you know, raising the values of -- 14 potentially the properties on Crescent Drive and 15 really, being more appropriate and more in keeping with 16 what's already there right now, as opposed to putting, 17 you know, a rather large house on what is now a small 18 lot. So thank you for the opportunity. 19 THE CHAIRMAN: You are welcome. Stay 20 there for just a minute. Questions for Mr. Golem -- 21 MR. GOLEMBIESKI: Golembieski. 22 THE CHAIRMAN: No? Okay. So I am going 23 to ask -- again, I heard what you said about Lot 10 and 24 I thought I heard you say that you are not opposed to 25 any -- did you say development or building on Lot 10? Concannon & Jaeger St. Louis, Missouri (314) 421-1000

68 1 MR. GOLEMBIESKI: For example, if it was 2 development, where it was an expansion of the existing 3 home on Lot 10 -- 4 THE CHAIRMAN: Okay. 5 MR. GOLEMBIESKI: -- or the use of that 6 lot in order to build a garage for the home on Lot 9 7 and have the driveway go through there. So 8 construction that enhances the value of existing home 9 on Lot 9, my wife and I would not be in opposition to. 10 So we are not against development, period, for that 11 lot. 12 THE CHAIRMAN: And as I understand what 13 you have just expanded on, you and your wife are 14 opposed to building a residence -- 15 MR. GOLEMBIESKI: Yes. 16 THE CHAIRMAN: -- on Lot 10. 17 MR. GOLEMBIESKI: Yes. 18 THE CHAIRMAN: Okay. 19 MR. GOLEMBIESKI: Yes. And we signed the 20 petition. 21 THE CHAIRMAN: Okay. Thank you, sir. 22 MR. GOLEMBIESKI: Any other questions? 23 THE CHAIRMAN: No. 24 MR. GOLEMBIESKI: Okay. Thank you. 25 THE CHAIRMAN: You are welcome. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

69 1 Hello. 2 MS. MURRAY: Hi. I'm Cheryl Murray. 3 THE CHAIRMAN: And spell your last name, 4 ma'am? 5 MS. MURRAY: M-U-R-R-A-Y. 6 THE CHAIRMAN: Murray; is that right? 7 MS. MURRAY: Murray. 8 THE CHAIRMAN: Okay. 9 MS. MURRAY: First name, Cheryl. 10 THE CHAIRMAN: Okay. 11 MS. MURRAY: I want to thank you for 12 allowing us this opportunity to speak to you. I 13 haven't spoken in a public forum in years. 14 THE CHAIRMAN: Could you speak into the 15 microphone? 16 MS. MURRAY: And when I -- 17 THE CHAIRMAN: Ma'am, Ms. Murray, I think 18 we are asking you if you would stand up to the podium 19 -- 20 MS. MURRAY: Okay. 21 THE CHAIRMAN: -- so you can speak into 22 the microphone -- 23 MS. MURRAY: Okay. 24 THE CHAIRMAN: -- so that we can hear you 25 better or you can raise the volume of your voice -- Concannon & Jaeger St. Louis, Missouri (314) 421-1000

70 1 MS. MURRAY: Okay. 2 THE CHAIRMAN: -- with or without the 3 microphone, your choice. 4 MS. MURRAY: I am just going to leave this 5 here, for the moment. 6 THE CHAIRMAN: Okay. 7 MS. MURRAY: All right. First of all, I 8 want to say thank you to your staff. I live directly 9 across the street from the Lots 9 and 10 and I have 10 some very strong opinions about it. 11 I would say -- well, let me start with -- 12 the staff has done an analysis, what they think is 13 appropriate, if there is a house placed on this and the 14 variance is granted. 15 I would like to start on page four of the 16 packet, where they talk about a deviation from the 17 strict application of the zoning regulation, authorized 18 by the variance, would not constitute a change in the 19 district map. I agree with that. 20 Are you with me, page four? It looks like 21 this. It would be page 4, number C. It says, "It 22 would not constitute a change in the map." Correct. I 23 agree. "Would not impair an adequate supply of light 24 and air to adjacent property." Agreed. "It would not 25 increase congestion in the public streets." Absolutely Concannon & Jaeger St. Louis, Missouri (314) 421-1000

71 1 disagree. We are having major parking problems over 2 there. Today's families, two-car garages, they are 3 outdated. As the gentleman before me mentioned, what 4 they are doing is turning them into a room. They are 5 using them. They need the space. 6 So what happens, you have more street -- 7 more cars on the street. In our particular area and I 8 am guilty of this too. Four cars, our family has four 9 cars and a two-car garage. Every night, two of them 10 have to be parked on that street. 11 Immediately across the street, the 12 Orlands, who are on Lot 9, when their sons were there, 13 they were not using their garage, which they were using 14 for something else. One car in the driveway, three on 15 the street, two or three, depending on when they were 16 home. 17 Next door to them, the Bowmans, their 18 garage -- one of those garages, you start back there, 19 you need a hinge on your car, take a turn to get in 20 there. You have seen those in Clayton. And they don't 21 use it. They have at least four cars. 22 The poor guys next door who moved in, they 23 just have got two. We are looking at thirteen or 24 fourteen cars for four houses. And that's not when 25 grandma comes over and you have a visitor. That place Concannon & Jaeger St. Louis, Missouri (314) 421-1000

72 1 is stacked with cars and when they put another house in 2 there, it says, the amenities expected by Clayton, a 3 two-car garage. Let me tell you. We are going to have 4 to hand out parking tickets over there. You get this 5 space, you get that space. 6 At sword's point over that parking. 7 Parking is a problem and congestion is a problem. I 8 live it. Your people who put this together aren't 9 there, I am. A problem. 10 Okay. Let's look at the next problem we 11 have with this. I am going to skip down to where it 12 talks about -- "Would not in other respect impair the 13 public health or safety" and I am not going to try and 14 say that the developer is going to impair our safety 15 but I am saying safety is a problem over there. 16 I never, ever used to fear where I lived. 17 I do today. And I've got good reason. That Galleria 18 and the Galleria MetroLink, you have got 30 and 40 19 people coming off out there. It's wonderful they have 20 the transportation. 21 Let me just give you an example. Since we 22 do have a parking problem, I'm looking out the window 23 and this time, the car isn't even parked on the curb. 24 The car is at a 90-degree angle to the curb. I'm like, 25 now they are parking at a 90-degree angle. You can't Concannon & Jaeger St. Louis, Missouri (314) 421-1000

73 1 even drive down the street. The doors are wide open. 2 No one is in the car. It's abandoned. I thought, this 3 is too much. Here comes a Clayton police officers, 4 slowly coming down the street. Good. Finally, you 5 have a policeman when you need one. 6 What does he do? He goes around it. 7 What? Here he comes again, slowly, he comes around it. 8 This time, he stops. I thought, somebody is at one of 9 these houses, having lunch or a cocktail. 10 I am going to go out and help him. I go, 11 "Officer, can I help you determine whose car that is?" 12 He said, "I don't need you to determine whose car that 13 is. I know." I said, "You know?" 14 It is two Clayton detectives. What has 15 happened, a group came off the MetroLink into the 16 Galleria, all kinds of problems, all kinds of things 17 stolen. They chased them over to the Homewood Suites. 18 From the Homewood Suites to international 19 village, the pancake house and where are they now? 20 They are running between the houses. They are having a 21 foot chase. 22 Safety is a paramount concern to me over 23 there. Need I remind anybody here, all of us were 24 petrified within two years ago, that Clayton was going 25 to be burned to the ground. I am not saying that the Concannon & Jaeger St. Louis, Missouri (314) 421-1000

74 1 Mehlmans' project is going to cause a problem. I am 2 not saying that they are going to rent to people that 3 will increase violence but it is a problem. 4 And the more people you pack in these 5 places, the more problems that we are going to have and 6 they are wanting to shoehorn someone, another house, on 7 a lot that needs a variance. 8 That is not a lot that a house should be 9 built on. I'm in agreement, they can expand, that kind 10 of a thing. But they need an alternative plan. The 11 most important thing, back to number C, right here it 12 says, "This deviation will not materially diminish or 13 impair established property values." 14 Au contraire. That's not true. Why? 15 Let's look. Here is what they are going to put in 16 there. Here's the lot. They are asking for a 17 deviation and right next to it, six feet, ten inches is 18 the Stegmans' house. Six feet, ten inches. 19 Well, these new building codes, they want 20 to put them in at 5.2. Do you know how far six feet, 21 ten inches is? All of you live in Clayton. Do you go 22 home and have a house six feet, ten inches next to you? 23 Right here. From here over to here. What's going to 24 happen? You can see from the street. This is at an 25 angle. You are walking your dog. You can see. When Concannon & Jaeger St. Louis, Missouri (314) 421-1000

75 1 the Stegmans come home, they are going to be able to 2 reach out and touch a house. That is going to diminish 3 the value of that house and why are the developers in 4 there doing this? 5 Because they were required to move this 6 lot line right here, right there. They had to move it 7 over, because this house was on the line. The window 8 wells were hanging over. I didn't know window wells 9 were hanging over. I didn't know. 10 I didn't care but now I care, because that 11 also makes this lot even smaller, that they are wanting 12 to put a house on. No. It's not going to fit. It 13 doesn't look like the rest of the houses. 14 And let me talk to you about -- you still 15 have in there -- the Mehlmans have them. Their comps. 16 They say to you, why should we be allowed to come in 17 here and put a house on that lot? 18 That is because there are other houses in 19 Davis Place. You go down to Orlando. You go down to 20 Mohawk. You go down to Rosilind. They picked them, 21 right out of there. 22 They are right. There are smaller lots in 23 Davis Place. And when were those lots -- who allowed 24 for those lots? I was so naive. I came over here and 25 said, well, they have obviously given variances before, Concannon & Jaeger St. Louis, Missouri (314) 421-1000

76 1 if those lots are that small. Who gave those 2 variances? Who do you think? The person who gave 3 those variances gave those variances -- they weren't 4 variances. 5 Right here. This is amazing. If you go 6 over and look at the current -- what they have on -- 7 over at the tax assessors, this is the plat from the 8 original Davis Place. 9 Do you know who set up every one of those, 10 that he gave you as a comp, as a reason that he can 11 build that house? Let me read it to you. The original 12 person, every one of them on there did not require a 13 variance, did not squeeze somebody in. 14 On June 5, 1925, Everett Davis. When they 15 planned Davis Place, there were certain areas that they 16 made smaller. What is more important than those comps 17 that they gave you, the comps they didn't give you. 18 What I've -- looking at, where is the heck are the 19 comps from Crescent Drive? 20 MR. MEHLMAN: There's a few on Seminole. 21 MS. MURRAY: Seminole. These houses are 22 going on Crescent Drive. When you drive down Crescent 23 Drive and now there's a house jammed in there, are you 24 going to say, that lot looks like one on Rosilind? No. 25 You are going to say, why is that house jammed in Concannon & Jaeger St. Louis, Missouri (314) 421-1000

77 1 there? It doesn't look right. It doesn't belong. 2 There were certain groups that had larger lots. If you 3 look at the statistics that the Mehlmans gave us, they 4 said there's 330 plus or minus lots. 5 They are asking us to give them a variance 6 for the smaller ones, less than three percent. They 7 are saying let's jam in another one. Eighty-four 8 percent of the property -- of the lots in Davis Place 9 are in compliance. 10 This one is not. It should not be given a 11 variance. In Davis Place, lot size matters. LSM. 12 People who come over to Davis Place have already been 13 over to Clayton Gardens. They have already been to 14 other sites in Clayton, Wydown, Clayton Wydown, over 15 there. Those are too small. They are buying here 16 because of the size of the lots. 17 One more thing that I object to and that 18 is, it says on number four, "It will not materially 19 diminish or impair the established property values." I 20 disagree. 21 The Stegman house will be diminished. 22 When an appraiser comes in there, when these people try 23 to sell that house and you have allowed them to have a 24 wingspan like that, what's the appraiser going to say? 25 The appraiser is going to say, this isn't a comp. It's Concannon & Jaeger St. Louis, Missouri (314) 421-1000

78 1 not comparable. Eighty-four percent of Davis Place has 2 way more space. Please do not allow them to do this. 3 They are asking for -- because they had to move it over 4 here, the lot is smaller. 5 They are asking for 795 more square feet. 6 They are asking here, 48 feet. That's all they have 7 got. They are asking for another 11.23. The Mehlmans 8 have given you comps from 1925. 9 They are asking you to look back 91 years 10 and say, because those are small, that's our reason we 11 can put it in there, because it's small. Davis Place 12 on Crescent was never meant to have small properties, 13 lots, ever. 14 I am asking you to look back 91 years and 15 say -- if you look right here, you folks are allowed to 16 look at the purpose and intent. Right above where they 17 are talking about -- here is where the Mehlmans are. 18 They are talking about their hardship. 19 Above that, it says, "The Board of 20 Adjustment will interpret the provisions of the zoning 21 code in such a way as to carry out its intent and 22 purpose." 23 Crescent Drive, the intent and purpose 91 24 years back was never to have lots that small. In 25 summary, I am asking that you will deny, number one, Concannon & Jaeger St. Louis, Missouri (314) 421-1000

79 1 because of the adverse effect of the property value. 2 These people do not deserve to have their property 3 value diminished, at all. 4 Number two, it will increase congestion in 5 a public street. There's no question. We are at 6 sword's point over there, already. 7 Number three, I think there could be 8 problems with safety, over there. 9 Number four, quoting small lots and saying 10 that's why we should do it on Crescent is not 11 acceptable. That's not a good reason. Your Section 12 405 tells the developer, once -- it says, "When 13 existing plotted lots are adjusted or re subdivided," 14 which they have done, they re subdivided -- wherever it 15 is, right here. 16 They changed it, because this lot is 17 irregular and so is this one. Neither one conforms. 18 They have moved it over. They have it even smaller 19 now. And they knew. They are developers, they know. 20 Once the lots are adjusted or 21 re subdivided, the new lot must conform to the minimum 22 lot width and area requirements. They have got to have 23 this, 60 feet here, 60 feet there. They have got to 24 have 7,500 square feet. They are developers. They 25 know it. They are trying to shove it through. Please. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

80 1 I am asking you. Do not accept it. It shouldn't go 2 through. Thank you very much. 3 THE CHAIRMAN: Before you leave, Ms. 4 Murray, do any of the members have any questions for 5 Ms. Murray? So Ms. Murray, am I correct in saying that 6 you are opposed to any residence being built on Lot 10? 7 MS. MURRAY: There shouldn't be a lot -- 8 there shouldn't be a house put on there. 9 THE CHAIRMAN: Okay. So -- 10 MS. MURRAY: No house but if they need -- 11 if they are going to work on the other one, say a 12 garage -- 13 THE CHAIRMAN: I just asked you about 14 house. 15 MS. MURRAY: -- but no house. 16 THE CHAIRMAN: No house. And Louis, just 17 to clarify, Ms. Murray was speaking about -- I think 18 she is making reference to side yard setbacks and she 19 was saying that she thought six feet was too narrow for 20 a side yard setback. What are the current building 21 codes for the side yard setbacks? 22 MR. CLAYTON: Well, the zoning regulations 23 establish the required setbacks. 24 THE CHAIRMAN: Okay. 25 MR. CLAYTON: And those a percentage of Concannon & Jaeger St. Louis, Missouri (314) 421-1000

81 1 the lot dimensions, so they change from property to 2 property. So on the proposed Mehlman adjustment, the 3 setbacks would be 6.54 feet for Lot 9 and 5.7 feet for 4 Lot 10. 5 THE CHAIRMAN: Okay. How do those side 6 yard setbacks compare with the existing houses on that 7 block of Crescent, on both sides of the street, that 8 are involved here? 9 MR. CLAYTON: I can't say, without knowing 10 the lot widths and the building placements. However, 11 if those are conforming lots, so for example, if they 12 are sixty feet wide, the required setback is six feet. 13 If they are sixty-five, the setback is 6.5 feet. 14 THE CHAIRMAN: So about the same? 15 MR. CLAYTON: Correct. 16 THE CHAIRMAN: Okay. Thank you, ma'am. 17 MR. MEHLMAN: If I could just make one 18 clarification -- 19 THE CHAIRMAN: Sure. 20 MR. MEHLMAN -- on the side yard setbacks 21 and hearing that, thank you, Cheryl. We appreciate 22 your comments and input. When we were talking about 23 six foot, six and a half foot side yard setback, that 24 is only to the property line. There is then an 25 additional six feet to Lot 11. So you would really Concannon & Jaeger St. Louis, Missouri (314) 421-1000

82 1 have over twelve feet in-between the houses. So you 2 would really have over twelve feet in-between the two 3 houses, so it's not six feet. 4 It is basically double that and then also 5 taking into account, I believe in the next lot, going 6 east, Lot 12, that side yard setback, I believe is even 7 less. 8 The distance between Lot 10 and 11 would 9 be greater than Lot 11 and 12. We're talking houses, 10 taking side yard setbacks into account. I just wanted 11 to clarify that for everybody. 12 THE CHAIRMAN: And when you are referring 13 to Lot 12, is that the corner lot? 14 MR. MEHLMAN: I am making -- 15 THE CHAIRMAN: So there is Lot -- 16 MR. STEGMAN: We are Lot 11. 17 THE CHAIRMAN: But Mr. Stegman, you are 18 closer to Lot 10 than you are to Lot 9; is that right? 19 MR. STEGMAN: The house on the other side? 20 THE CHAIRMAN: That's right. So the house 21 on the other side of Lot 9 is a corner lot, as I 22 recall. 23 MR. MEHLMAN: No. We are going to the 24 other direction. So his house is in-between -- his 25 house is 11. He's in-between 10 and 12. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

83 1 THE CHAIRMAN: Okay. 2 MR. MEHLMAN: So what I am saying is that 3 the distances between the houses of 10 and 11 would be 4 greater than the distance between 11 and 12 houses. 5 THE CHAIRMAN: Okay. 6 MR. MEHLMAN: The existing. Our new house 7 would be further apart than his house and his other 8 neighbor. 9 THE CHAIRMAN: Okay. Who is next? 10 Your name and address, sir? 11 MR. BURCH: My name is Charles Burch. I'm 12 an attorney and I am the father of Caroline Stegman. 13 I'm also a real estate broker. I'm also an owner of a 14 title company. 15 When my daughter and son-in-law decided to 16 relocate to Clayton, I told them, let's look for homes 17 in Davis Place. My wife and I have lived in the 18 Clayton area. 19 We both worked at the courthouse. My 20 first day as a prosecuting attorney was the first day 21 that the courthouse opened in October of 1971. We 22 worked there and we had friends in Davis Place and I 23 knew Davis Place to be a good, solid place for them to 24 live and raise my grandchildren. I knew that was going 25 to be someplace that they would put down roots and Concannon & Jaeger St. Louis, Missouri (314) 421-1000

84 1 hopefully stay and be here for a long time. I have a 2 group exhibit here, that I want to ask the people to 3 take as opposition Exhibit A-2 as a group exhibit. It 4 shows the yard. It shows this lot. 5 There is nothing there but three or four 6 trees and a short space, green space. It almost abuts 7 my daughter's house, the line. When we bought this 8 house, we were looking at this and going back, the 9 people who are not here and are not speaking, are the 10 owners of Lot 9, the Orlands. 11 MR. MEHLMAN: They are here. 12 MR. BURCH: They are here? Okay. They 13 are here. This petition -- they are not -- I don't 14 know. Are they on the petition? Maybe they are on the 15 petition. 16 Historically, let's look at how they 17 acquired their house. They bought Lot 9 and they had 18 half of the middle lot, Lot 10. The people who owned 19 the other half of Lot 10 were my son and daughter's 20 predecessors, in title. 21 When they built these houses, sixty years 22 ago, those two lot lines were not material, because 23 they had split this center lot between the two 24 dwellings. Both of them are too close to the line, on 25 the north -- on the east and the west but they had this Concannon & Jaeger St. Louis, Missouri (314) 421-1000

85 1 half lot buffer between the two of them and that 2 existed for probably sixty years, until the Orlands, 3 very wisely in 2004, decided, gee, we ought to buy that 4 other half of a lot and they did. 5 And I will give you, as these other 6 exhibits we would put in here, the deeds, showing this 7 didn't even happen until 2004. 8 So when they go quoting the sizes of these 9 lots, as Ms. Murray correctly pointed out, those were 10 done 90 years ago. These houses that they are talking 11 about, none of them have been built in Clayton. 12 When was the last time there was new 13 construction in Davis Place? When was the last time? 14 That's the very reason I had my daughter and son-in-law 15 buy a house in Davis Place was because they would not 16 be subject to constant construction, road traffic, big 17 vehicles, dumpsters. 18 It's bad enough when you do rehabbing to 19 deal with that but when you are talking about new 20 construction and the tearing down of this valuable 21 green space on Crescent Drive, it's not acceptable. 22 It's not acceptable to the residents of 23 this area and it certainly isn't acceptable to people 24 that are leaving and moving, taking off and leaving. 25 No one is going to be living at that house at Lot 9. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

86 1 The people that are doing this aren't even going to be 2 around to enjoy this construction phase. The people 3 that are going to have to suffer with this are these 4 very people who have spoken here this evening in 5 opposition to that. 6 They are going to be the people who are 7 having to deal with this, the congestion, the dirt, and 8 the finished product of less trees, less green space 9 and less yards for everybody around there. 10 And if you have ever been there, I want 11 you to look carefully at those pictures. There is 12 nothing there. It is a very small lot to begin with 13 and the houses are too close, to start with. 14 The concept of making a lot smaller, 15 because someone wants to cram a house in there to make 16 a buck is ridiculous. It is going to diminish the 17 values of every house in that neighborhood, 18 particularly my son and daughter's house. 19 That house will be worth considerably less 20 and I know because my bank has the mortgage on it and I 21 don't like the concept of the diminished value of that 22 residence. 23 It's not fair to me. It's not fair to her 24 and it's certainly not fair to the rest of the people 25 in that neighborhood. And this does not create a Concannon & Jaeger St. Louis, Missouri (314) 421-1000

87 1 hardship on anybody. This -- there is no hardship to 2 this permit. There is no hardship. Go build someplace 3 else. Where is the hardship? You have to have that, 4 to grant this variance. There isn't any. 5 The people that own Lot 9 should have done 6 what they did in the first place. Sold the half of Lot 7 10 to my son and daughter-in-law -- daughter and 8 son-in-law. If I get that wrong, I'll be in deep 9 trouble. 10 Sold it to them in the first place as we 11 offered to do but no. They are going to cram this 12 little lot down there. Well, we are opposed to it. We 13 are opposed to any house on that lot and we are opposed 14 to this particular variance being granted. Thank you 15 for your attention. I will give you these exhibits. 16 THE CHAIRMAN: Anybody have any questions 17 for Mr. Burch? Hang on. No? Mr. Mehlman? 18 MR. MEHLMAN: I just want to make one 19 additional statement and thank you for talking. As we 20 all know, to make sure we are on the same picture, the 21 purpose of this is to talk about the variance and the 22 adjustment, not to talk about the existing house, not 23 to talk about the to be built house, not to talk about 24 the trees. We all love green space. Clayton is a huge 25 proponent of trees, grass, et cetera. You made a Concannon & Jaeger St. Louis, Missouri (314) 421-1000

88 1 comment, a statement about you are going to lose trees, 2 you are going to lose grass. That is correct, if this 3 does get approved but the thing that you missed is if 4 we take a tree down, the City of Clayton makes you put 5 that tree back up. 6 MR. BURCH: I don't think you are going to 7 replace the trees that are the size of that in my 8 lifetime or my daughter's lifetime. 9 MR. MEHLMAN: We are required to, so all 10 that I am saying -- 11 MR. BURCH: You will not replace the tree 12 that is in that picture in your lifetime or my 13 lifetime. 14 MR. MEHLMAN: My only statement is we are 15 going to -- we are required to replace the -- 16 MR. BURCH: The number of trees, the 17 variety of trees but there is no way that you can do 18 that. 19 THE CHAIRMAN: Hang on. So from now on, 20 address your comments to the board, not to one another, 21 okay? 22 MR. BURCH: Sorry. I have no other 23 comments, other than he is totally wrong. 24 THE CHAIRMAN: That is your opinion, sir. 25 MR. BURCH: Yes. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

89 1 THE CHAIRMAN: Okay. Let's be clear about 2 that. You are entitled to your opinion. 3 MR. BURCH: Thank you. 4 THE CHAIRMAN: Who is next? Anybody else 5 sign up to speak? No. Okay. And so, Ms. Murray, I 6 will give you a chance to talk but anything else from 7 the applicant? 8 MR. MEHLMAN: I would just add that, you 9 know, however this decision is made, we will obviously 10 respect the board's decision but I just want to point 11 out that we have built a number of homes in Clayton. 12 As we have mentioned, originally and our 13 intention, we are lifelong Clayton residents. We grew 14 up in Davis Place and we understand and respect Davis 15 Place as much as anybody possibly could. 16 And so if this were to go forward, we just 17 want to extend our offer that we will work in good 18 faith and to address every possible issue and I know 19 that Mr. Stegman mentioned that previously as well and 20 we really appreciated that. 21 We just kind of wanted to reiterate that 22 to everybody. We understand that there is a lot of 23 emotion going on here tonight and we just -- whatever 24 happens, we will work past that, so that everybody is 25 as friendly and understanding as possible. So we Concannon & Jaeger St. Louis, Missouri (314) 421-1000

90 1 appreciate everybody's time, thoughts and concerns and 2 especially you guys, the board. Thank you. 3 MR. MEHLMAN: And one more comment, going 4 back to the petition, the opposition, the 44 5 signatures, I just wanted you guys to make sure that 6 those 44 -- that was 44 signatures. That is not 44 7 households, 44 houses. 8 THE CHAIRMAN: Right. And Mr. Burch, did 9 you show the applicant those two exhibits that you want 10 to introduce? 11 MR. BURCH: These are matters of public 12 record. I assumed that they had them, if they have a 13 contract on the property. 14 THE CHAIRMAN: They may or may not but the 15 way we do exhibits here, sir, is each side gets to see 16 the other side's exhibits. So where are your exhibits? 17 MR. BURCH: They are with your attorney. 18 THE CHAIRMAN: Okay. 19 MR. BURCH: We did not see his list of 20 people who are in favor of this. That was presented as 21 an exhibit as well. 22 THE CHAIRMAN: Where is that exhibit? 23 MR. MEHLMAN: It's over here. 24 THE CHAIRMAN: You are welcome to show 25 them to him, sure. Did you all get to see those Concannon & Jaeger St. Louis, Missouri (314) 421-1000

91 1 pictures? Mr. Mehlman, did you have something else or 2 are you done? 3 MR. MEHLMAN: No. 4 THE CHAIRMAN: Done. Ms. Murray? 5 COURT REPORTER: Please approach the 6 microphone, so we can hear you. Thank you. 7 MS. MURRAY: Cheryl Murray. I did want to 8 say something about the trees. I think the only -- 9 probably that tree was here, right when Davis Place was 10 started. 11 It is huge. It's an oak tree. It's 12 healthy and I would say 11, 12 feet around. I know 13 that there are rules to replace trees. You can't 14 replace a tree like that. 15 That three, I bet it's 80, 90 years old. 16 And one other thing, you will be changing the tradition 17 of 91 years in Davis Place. There has not been new 18 construction in there. That will not look appropriate. 19 It will not be in conformity. 20 That's his opinion, which he should not be 21 talking right now. The other thing I would like to 22 say, that sign, public hearing sign was in the ground 23 for days. I didn't hear anything from the Mehlmans. 24 They may love Davis Place but they didn't come around 25 to talk to me and let me tell you something else. I Concannon & Jaeger St. Louis, Missouri (314) 421-1000

92 1 have a sign, which I have right here. I was the only 2 person that would stick her neck out and would stick a 3 sign out. I talk to a lot of young people, who tell me 4 that they are there because of the lots. 5 I didn't hear from the Mehlmans, until 6 this sign went out. When this sign went out, they were 7 driving by my house and they were real interested. 8 Let me tell you something else. I have 9 been through these kind of things before. I have 10 never, ever had a developer track down my husband's 11 place of work and call and complain because I have a 12 sign in the ground. That should not happen. 13 And let me tell you, fellas, there are 14 plenty of times in 28 years of marriage, he would like 15 to muzzle me. He couldn't do it. He's not successful 16 and neither are you. I didn't appreciate that. Thank 17 you. 18 MR. MEHLMAN: A couple of more things and 19 I don't think the purpose of this is to go back and 20 forth and back and forth. We know what everybody's 21 opinions are. People are going to oppose. The facts 22 are the facts. 23 We are here to all try to get on the same 24 page and make something work, if at all possible. A 25 couple of things. There have been four houses built in Concannon & Jaeger St. Louis, Missouri (314) 421-1000

93 1 Davis Place. I know for certain two in the last four 2 years and there have been four new ones, probably 3 within the last ten years. 4 Cheryl's comment, moments ago, we didn't 5 reach out to her until we saw a sign go up in the front 6 yard. That's factual information but we wanted to wait 7 and talk to every neighbor, until we had all of our 8 ducks in a row, until we knew exactly what our 9 presentation was going to be, instead of going around 10 and making things up. 11 Because we knew that once we had 12 everything, we were going to go and tell everybody as 13 much information as possible. So the facts are the 14 facts of what we are providing. I can't say -- the 15 facts that everybody else was told. 16 We tried talking to Cheryl. You know, I 17 knocked on her door. I drove up to her house. She was 18 watering her yard. She went inside the second I tried 19 to go talk to her. 20 She is talking about her husband. You 21 know, how did I get her husband's phone number? This 22 is too much information. Her husband works for a bank. 23 That bank makes all of our construction loans. How did 24 I get her husband's phone number? That is how I got 25 her husband's phone number. Thank you. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

94 1 THE CHAIRMAN: Thank you. Very good. Mr. 2 Sachar? 3 MR. SACHAR: He thinks he came to talk to 4 everybody? None of us talked to him. We are around 5 the house all day long. Nobody came. Nobody came by, 6 from them. 7 MR. GOLEMBIESKI: I would agree. At 8045 8 Crescent, no one from Mehlman Brothers approached us. 9 THE CHAIRMAN: Okay. Thank you. 10 Any members have any questions for anybody 11 at this point? Mr. Bliss? 12 MR. BLISS: I'm looking at this listing of 13 the 30 homes. Am I seeing that 8016 Seminole is on 14 here twice? 15 MR. MEHLMAN: You might. 16 THE CHAIRMAN: Is that one on the -- 17 MR. MEHLMAN: The orange or the -- 18 THE CHAIRMAN: 8016? I see it once. What 19 is the second -- 20 MR. BLISS: I see 8016, I see 8012, I see 21 8016 again and then I see 8022. 22 THE CHAIRMAN: I got it. 23 MR. MEHLMAN: I will check it. It might 24 be 8006. 25 THE CHAIRMAN: It's between the 8012 -- Concannon & Jaeger St. Louis, Missouri (314) 421-1000

95 1 it's on both sides there. 2 MR. MEHLMAN: Right. 3 MR. BLISS: Secondly, on these, you 4 mentioned somebody talked about changing -- maybe not 5 in conformance with the character of Crescent and 6 around the back, the circle of the neighborhood that 7 was referenced. 8 On these Seminole properties, they are 9 not, am I correct, backing up to the homes that are on 10 Crescent but these are, in fact, across the street, on 11 the south side. 12 I'm guessing, because they are even 13 numbers and they would be backing up, more to the 14 Clayton road properties and not to this property. Am I 15 correct on that? 16 MR. MEHLMAN: Possibly. I don't know, 17 without looking at a map but sure. 18 MR. SACHAR: Even numbers are on the south 19 side. 20 MR. MEHLMAN: Thank you, Jerry. 21 MR. BLISS: I will make a comment that the 22 number of people who signed and submitted statements in 23 favor of your application, I looked more closely at 24 their addresses. You have got a few on Rosiline, one 25 on Bemiston, Central. Joanne Iskiwich is listed. I Concannon & Jaeger St. Louis, Missouri (314) 421-1000

96 1 don't know if she has a financial interest in this 2 transaction or not. But I didn't see anybody in the 3 vicinity that were coming out in support. I have seen, 4 obviously, an overwhelming number of people in 5 opposition. The closer you are to the property, it 6 seems, the stronger the feelings and the emotions are. 7 MR. MEHLMAN: Can I rebut -- answer that 8 question, of why? 9 COURT REPORTER: Please approach the 10 microphone. 11 THE BLISS: Sure. If it's all right with 12 Mr. Chairman. 13 THE CHAIRMAN: Yes. 14 MR. MEHLMAN: As I spoke minutes, moments 15 ago, we wanted to get all of our facts put together, 16 before we went around to talk to people. Vince beat us 17 to the punch. He got out there. 18 He did a great job of going out there and 19 obtaining the support that he did obtain. Is it too 20 little, is it too late? Should we have done it sooner? 21 If I would have done it sooner, I wouldn't have had all 22 of the factual information. 23 So by the time that I got out to talk to 24 all of these people and like I said earlier in my 25 statement, there's plenty of people that if I would Concannon & Jaeger St. Louis, Missouri (314) 421-1000

97 1 have talked to them before, you know, whether they 2 would have been in support of my project or not 3 supported him, it might have been a little bit of a 4 different story. 5 THE CHAIRMAN: Hang on. Hang on. He is 6 speaking. 7 MR. MEHLMAN: So the reason that I didn't 8 come is because I knew that he had already talked to 9 these other people about information that in my 10 opinion, was not factual information. 11 So why go around after he has already got 12 these signatures to try to clarify things when 13 ultimately, I need to talk to you guys? 14 MR. BLISS: If you have got two people who 15 withdrew their names from the original listing, I think 16 that speaks to your -- 17 MR. MEHLMAN: I didn't know about the 18 petition until yesterday. 19 MR. BLISS: Okay. 20 MR. MEHLMAN: I had twelve hours to get 21 two people to remove their names. 22 MR. BLISS: Got it. 23 THE CHAIRMAN: Rick, in looking at the 24 point that you made, it looks like those 8016s on this 25 part of the application appear to be two different Concannon & Jaeger St. Louis, Missouri (314) 421-1000

98 1 properties, if you go through and check the dimensions, 2 all the way to the end -- 3 MR. BLISS: Sure. 4 THE CHAIRMAN: -- the dimensions are 5 different. So it looks like -- 6 MR. MEHLMAN: It might be 8006. 7 THE CHAIRMAN: It looks like it could be a 8 typo, because it looks like they refer to two different 9 properties. 10 MR. BLISS: That could be. Okay. 11 THE CHAIRMAN: That's the way it looks to 12 me. I don't know if that's correct or not. 13 MR. MEHLMAN: I can clarify. 14 MR. BLISS: Another question that I have. 15 Lot 9, right now, has four corners that are all 90 16 degrees. Was there any consideration given to -- 17 instead of just moving the lot line, I guess the 18 eastern lot line over, to possibly doing it on an 19 angle? 20 THE CHAIRMAN: Are you talking about the 21 boundary adjustment, Rick? Because the house is 22 already there, right? 23 MR. BLISS: Right. 24 THE CHAIRMAN: On Lot 9. 25 MR. BLISS: On Lot 9, if you look here, Concannon & Jaeger St. Louis, Missouri (314) 421-1000

99 1 you have got 90 degrees here. So what they are trying 2 to do is they are trying to move this line, this lot 3 line, this way. The same number of feet at the north 4 end as they do at the south end. 5 I'm wondering if any consideration -- I 6 don't know that it would necessarily change the 7 opinions but if they would, for instance, slant this a 8 little bit, this would no longer be 90 degrees. That 9 would no longer be 90 degrees but they might be able to 10 get a little bit more space between the existing house 11 and the lot line. 12 THE CHAIRMAN: Okay. 13 MR. MEHLMAN: Thank you. We did look at 14 that, at one point in time, in the last couple of 15 weeks. I don't recall exactly why we didn't proceed 16 with that but we would certainly be willing to look at 17 that again, if that was the board's suggestion and 18 preference. 19 MR. BLISS: That's not the application. 20 That's not the issue that's before us tonight. I am 21 just curious as to -- one of the things that we always 22 look at is alternatives -- 23 MR. MEHLMAN: Sure. 24 MR. BLISS: -- and there were no other 25 alternatives, that I saw, listed in the normal form. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

100 1 There's a place for, I think, three of them. If you 2 saw Mr. Holtzman's earlier, they had listed some 3 different alternatives that can be considered and then 4 are usually ruled out, for a variety of reasons. 5 MR. MEHLMAN: Sure. I do believe we 6 looked at that but I would be more than happy to look 7 at that, if we have to provide an alternate and for 8 that discussion. 9 And there might have been an issue, a 10 question with something that would then violate 11 Clayton's requirements. I don't know if you recall 12 that, Louis or not. 13 MR. CLAYTON: I was just going to add that 14 even if you do put the adjusted line on an angle, there 15 is no way to add property or add width on the boundary 16 adjustment. So given the current widths of the two 17 lots together and the combined area, there is no way to 18 get two confirming lots. 19 MR. MEHLMAN: You can't make them more. 20 MR. CLAYTON: So you could make them more 21 evenly distributed but there is no way to make them 22 both conforming. 23 MR. MEHLMAN: Thank you. 24 THE CHAIRMAN: Well, I always admire your 25 creative thinking. What we do here is really, our Concannon & Jaeger St. Louis, Missouri (314) 421-1000

101 1 best, to figure out how we can make things work for 2 everyone involved and Rick does a terrific job at 3 looking for alternatives that maybe even the folks that 4 are directly involved haven't considered. 5 It seems to me that, at least as I have 6 heard the opposition, it's been unanimous that all of 7 the people that I have heard speak in opposition to 8 this application, have been opposed to any construction 9 of a residence on Lot 10, so moving the boundary line, 10 as you have suggested, I don't think would have 11 affected any of the people who have spoken against 12 this. 13 MR. BLISS: I agree and that brings me 14 back to a statement that Mr. Neiers had made, very 15 early on. Did I understand you to say that Lot 10, if 16 you do nothing here tonight, is still a buildable lot? 17 MR. NEIERS: Yes. I did say that and I 18 read that straight from the staff report. 19 THE CHAIRMAN: Louis, do you want to 20 comment? 21 MR. CLAYTON: Yes. So the city's zoning 22 code says that lots that were platted before a certain 23 day in 1959, are considered conforming lots, if they 24 have less square foot area than the current standard 25 and therefore they are buildable lots. So there is Concannon & Jaeger St. Louis, Missouri (314) 421-1000

102 1 nothing in our zoning regulations that would prohibit 2 someone from building a home on either one of these -- 3 on this current plat. 4 MS. BISHOP: Mr. Chairman, can I follow up 5 on that? 6 THE CHAIRMAN: Sure. 7 MS. BISHOP: So in theory, the Mehlmans 8 could build the structure that they proposed on -- sort 9 of the example, not what it would be but what they 10 proposed, that could still go on existing Lot 10, 11 because Lot 10 is actually, under the current scenario, 12 larger than what the revised Lot 10 would be. 13 MR. CLAYTON: Right. 14 MS. BISHOP: So there is nothing 15 prohibiting them now, from buying Lot 10 as it is and 16 putting the structure that they are talking about, 17 right now, there would be no variance? 18 MR. CLAYTON: Correct. The only issue is 19 that then puts the home on Lot 9 into nonconformity 20 with setback requirements. 21 THE CHAIRMAN: Which would then require 22 Lot 9 to come in and request any kind of -- it's 23 already there. 24 MR. CLAYTON: Right. Only if they were to 25 do an addition or alteration, that would trigger a Concannon & Jaeger St. Louis, Missouri (314) 421-1000

103 1 variance. 2 THE CHAIRMAN: Okay. But it could exist 3 and I think that this was part of Anne's question. 4 That the residence on Lot 9 could continue to exist, as 5 is, even if someone, anyone, whether it's -- 6 MS. BISHOP: Right. 7 THE CHAIRMAN: -- the Mehlmans or anyone 8 else, came along and built on Lot 10. 9 MS. BISHOP: Right. 10 THE CHAIRMAN: The nonconforming issue for 11 Lot 9 is only triggered if the owners of Lot 9 wanted 12 to do something that's not in compliance with the 13 current building codes? 14 MR. CLAYTON: Correct. 15 THE CHAIRMAN: Okay. Great question. 16 Excellent. Okay. I sense that we have given everybody 17 a chance to say their piece, so I believe we have heard 18 from everyone. Anything from any of the members? No. 19 Okay. We are going to take a five-minute 20 recess. When we resume, I am going to ask for any 21 motions to be submitted. We are in recess for five 22 minutes. 23 (Thereupon, a brief recess was taken.) 24 THE CHAIRMAN: Okay. Thank you very much, 25 everybody. We are ready to resume again. So at this Concannon & Jaeger St. Louis, Missouri (314) 421-1000

104 1 point in time, anything from the city? No. Any 2 members, anything, questions, comments? No. Okay. At 3 this point, I would entertain any motions regarding the 4 requested variances in this matter. 5 MS. BISHOP: I move to vote for an 11.23 6 foot variance from the minimum lot width requirement of 7 60 feet, pertaining to Section 405.1860 and 790 -- 795 8 square foot variance from the minimum lot area 9 requirement of 7,500 square feet, Section 405.1870 10 pertaining to Lot 10 of Davis Place Subdivision, 8028 11 and a portion of 8034 Crescent Drive. 12 THE CHAIRMAN: Thank you, Anne. Is there 13 a second? I'll second that motion. All in favor of 14 granting the motion, indicate Aye. 15 MS. BISHOP: Aye. 16 THE CHAIRMAN: Aye. 17 All opposed? 18 MR. BLISS: Opposed. 19 MR. DISNEY: Opposed. 20 MR. TAIT: Opposed. 21 THE CHAIRMAN: Okay. Let's do a roll 22 call, please. 23 MR. CLAYTON: Rick Bliss? 24 MR. BLISS: Opposed. 25 MR. CLAYTON: Mel Disney? Concannon & Jaeger St. Louis, Missouri (314) 421-1000

105 1 MR. DISNEY: Opposed. 2 MR. CLAYTON: Ray Tait? 3 MR. TAIT: Opposed. 4 MR. CLAYTON: Anne Bishop? 5 MS. BISHOP: In favor. 6 MR. CLAYTON: Chairman Gary Soule? 7 THE CHAIRMAN: In favor. So the motion 8 fails to receive four votes. The application for the 9 requested variances are denied and that will conclude 10 our hearing on this appeal. 11 MR. HEINZ: Can I -- 12 THE CHAIRMAN: Yes, Mr. Heinz? 13 MR. HEINZ: At the risk of belaboring this 14 matter, I think there was a question raised several 15 months ago, that there should also be a motion to the 16 contrary, to deny and then take a vote by the board. 17 Wasn't there a memo about that? That was the meeting 18 that you were -- 19 THE CHAIRMAN: I don't remember that but 20 it might have been a meeting that I missed. 21 MR. HEINZ: Yes. I think there was one 22 that was clarified by voting to deny the application. 23 MR. BLISS: Okay. Just housekeeping -- 24 MR. HEINZ: Yes. 25 MR. BLISS: -- in that case. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

106 1 THE CHAIRMAN: Okay. So I will entertain 2 any other motions. 3 MR. BLISS: I would move that we deny an 4 application for an 11.23 foot variance from the minimum 5 lot width requirement of 60 feet, pursuant to Section 6 405.1860 and a 795 square foot variance from the 7 minimum lot area requirement of 7,500 square feet, 8 pursuant to Section 405.1870. The location of the site 9 being Lot 10 of Davis Place subdivision, 8028 and a 10 portion of 8034 Crescent Drive. 11 THE CHAIRMAN: Okay. Is there a second 12 for Mr. Bliss' -- 13 MR. DISNEY: Second. 14 THE CHAIRMAN: Okay. All in favor of Mr. 15 Bliss' motion, indicate by saying aye. 16 MR. BLISS: Aye. 17 MR. DISNEY: Aye. 18 MR. TAIT: Aye. 19 THE CHAIRMAN: All opposed? 20 MS. BISHOP: No. 21 THE CHAIRMAN: No. 22 Let's take another roll call vote, please. 23 MR. CLAYTON: Rick Bliss? 24 MR. BLISS: In favor. 25 MR. CLAYTON: Mel Disney? Concannon & Jaeger St. Louis, Missouri (314) 421-1000

107 1 MR. DISNEY: In favor. 2 MR. CLAYTON: Ray Tait? 3 MR. TAIT: In favor. 4 MR. CLAYTON: Anne Bishop? 5 MS. BISHOP: Opposed. 6 MR. CLAYTON: Chairman Gary Soule? 7 THE CHAIRMAN: Opposed. 8 Very good. Mr. Heinz, thank you for that 9 housekeeping matter. 10 So the application with regard to the 11 properties at 8028 and 8034 Crescent Drive have been 12 concluded. I thank everyone for their participation 13 and their patience and their interest. 14 What we do our best here to do is to make 15 sure that everyone gets heard fully and civility is our 16 watchword as well as making sure that everyone gets a 17 chance to speak and to speak fully. Let's see. Seeing 18 that there are no other matters on our agenda for 19 tonight, I would entertain a motion to adjourn. 20 MR. BLISS: So moved. 21 THE CHAIRMAN: Second? 22 MS. BISHOP: Second. 23 THE CHAIRMAN: All in favor or 24 adjournment, indicate by saying aye. 25 MR. BLISS: Aye. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

108 1 THE CHAIRMAN: Aye. 2 MR. TAIT: Aye. 3 MR. DISNEY: Aye. 4 MS. BISHOP: Aye. 5 THE CHAIRMAN: We are adjourned. Thank 6 you all very much. 7 (Thereupon, the meeting was concluded.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Concannon & Jaeger St. Louis, Missouri (314) 421-1000

109 1 STATE OF MISSOURI ) 2 COUNTY OF ST. LOUIS ) 3 I, Sara E. Tom, a Certified Court Reporter 4 within and for the State of Missouri, do certify that 5 pursuant to Notice, a meeting was held at the Clayton 6 City Hall, Second Floor Council Chambers, 10 North 7 Bemiston Avenue, in the City of Clayton, State of 8 Missouri, commencing at 5:00 in the evening of that 9 day; that all proceedings which then transpired was 10 reduced to voice writing by me on the day, between the 11 hours, at the place and in that behalf first aforesaid, 12 and later transcribed into typewriting and that the 13 foregoing 108 pages are a true and accurate transcript 14 of the record of the aforementioned meeting. 15 IN WITNESS WHEREOF, I have hereunto set my hand 16 this 23rd day of September, A.D., 2016. 17

18 _______________________________ 19 SARA E. TOM CCR #1234 20 Certified Court Reporter within 21 and for the State of Missouri 22

23 24 25 Concannon & Jaeger St. Louis, Missouri (314) 421-1000