April 6, 2017
Board of Adjustment · All meetings
Full minutes
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MINUTES BOARD OF ADJUSTMENT APRIL 6, 2017
ROLL CALL: Rick Bliss
Anna Krane, Planner Mel Disney
Ken Heinz, Acting City Attorney Liza Streett
Mary DeBenedetti Chairman Gary Soule
Chairman Soule called the meeting to order at 5:10 p.m. and apologized for the late start. He noted that there is one item for consideration this evening and that there was a full complement of the Board (5 members) in attendance. All Board members and city staff introduced themselves.
The minutes of the February 2nd and March 2nd, 2017 meetings were presented for approval. There were several minor corrections that needed to be made. The recording secretary noted that she would make the corrections. The minutes were approved, as amended.
Liza Streett mentioned that she saw a large hawk in the area (referencing the enclosure that was the subject of a variance request at the last meeting).
APPEAL FROM NOEL MARTIN REGARDING THE PROPERTY AT 7626 WYDOWN BOULEVARD (USE VARIANCE TO ALLOW RESIDENTIAL USES ON THE SECOND FLOOR)
Noel Martin, owner, was in attendance at the meeting.
Those wishing to speak were sworn in by Kathy Scott, Planning Technician/Recording Secretary.
Chairman Soule asked if the City had any exhibits to present with regard to this appeal.
Acting City Attorney Heinz presented the following exhibits:
A. City of Clayton Code of Ordinances & City Master Plan B. Application for Zoning Review C. Appeal Application D. Floor plan & photo submitted by applicant E. Staff Report
Chairman Soule asked the applicant if he had any objections to these exhibits being made part of the record.
Dr. Martin replied “no”.
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Chairman Soule noted that these exhibits will be entered into the record.
Mr. Martin thanked the members for allowing them to present their appeal. He informed the members that he came to 7626 Wydown as a dentist in 1980 and purchased the property in 1989. He noted that there have been various tenants in 7624 over the years and is now occupied by I Fratellini. He then stated that the owner of the music shop passed away so the business closed. He introduced Barry Nelson, architect, to the members and asked that his variance be granted so he may rent out the second floor to residential tenants.
Liza Streett asked when the units were last used for residential purposes.
Mr. Martin indicated that he did not know, but that it’s always been used as commercial since he purchased the property.
Liza Streett asked how long it has been vacant.
Mr. Martin replied “7 months”. He noted that he did attempt to rent to a commercial tenant.
Liza Streett asked if there is off-street parking available.
Mr. Martin replied “no”.
Rick Bliss asked where parking takes place.
Mr. Martin stated that they lease parking spaces from the City.
Chairman Soule referenced the City-owned parking lot at the southeast corner of Wydown and Hanley.
Liza Streett commented that she believes efforts are in place to use that lot for something else.
Anna Krane informed the members that the City issued a RFP (Request for Proposals), but nothing is pending at this time.
Liza Streett stated that the parking lot may not always be used as a parking lot.
Anna Krane concurred.
Mel Disney asked about the windows on the east building façade and noted that the building has no side yard.
Mr. Nelson noted that these are building and zoning issues.
Chairman Soule noted that the use is the only matter before this Board this evening.
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Anna Krane commented that renovations will be handled through the Building Division.
Mel Disney asked about zoning.
Anna Krane informed Mel that this is not a zoning change; the property will remain as currently zoned.
Chairman Soule asked if the variance, if granted, runs with the property or with the owner.
Ken Heinz stated that it runs with this owner.
Chairman Soule asked if the Martins sell, if the new owner would have to request a variance to continue use as residential.
Ken Heinz replied “yes”.
Mr. Nelson indicated that the C-1 zoning doesn’t really fit here; this is the only property around here without residential apartments.
Chairman Soule noted that these buildings were constructed in the 30s. He asked if it is staff’s opinion that the property is not suited for the permitted (commercial) uses.
Anna Krane replied “yes”.
Chairman Soule asked if it is staff’s opinion that the property is more suited for mixed-use.
Anna Krane replied “yes”.
Chairman Soule noted that other buildings in the area contain 2nd floor residential units and that a similar request to use the space above Wydown cleaners for residential had previously been considered by this Board and the variance was granted.
Ken Heinz indicated that he just perused through the code and nowhere does the code state that variances run with the owner, so he is now informing everyone that the variance would run with the property and Kevin O’Keefe concurs.
Rick Bliss then asked for clarification that if the Martins sell the property, the future owner can continue to use the second floor as residential.
Ken Heinz replied “yes”.
Chairman Soule commented that when the building was constructed, the second floor was legally used as residential.
Anna Krane replied “yes”.
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Chairman Soule asked if a change to the zoning map would be necessary if this variance is approved.
Anna Krane replied “no”.
Chairman Soule asked if staff anticipates that this will not have a detrimental impact on light or air to neighboring property.
Anna Krane replied “yes”.
Chairman Soule asked if staff anticipates that this will not have a negative effect on the public’s safety and/or welfare.
Anna Krane replied “yes”.
Chairman Soule asked if the applicant had anything more to add.
Mr. Nelson stated that he believes these beautiful buildings will be there for a long time and that parking is less of a burden with residential use versus commercial use.
Rick Bliss asked about rent.
Mr. Martin stated that he hopes to rent them for $1,500/month and will depend on cost of renovation.
Chairman Soule asked the square footage of each unit.
Mr. Martin replied “1,100 square feet each”.
Hearing no further questions or comments, Chairman Soule called for a motion.
Mel Disney made a motion to approve the use variance as requested. The motion was seconded by Mary DeBenedetti and was unanimously approved by the Board.
Chairman Soule asked if there will be a meeting in May.
Kathy Scott replied “no”.
Being no further business for this Board of Adjustment this evening, the meeting adjourned at 5:45 p.m.
_________________________ Recording Secretary