September 7, 2017

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MINUTES BOARD OF ADJUSTMENT SEPTEMBER 7, 2017

ROLL CALL: Mel Disney

Anna Krane, Planner Nicki Herrington

Ken Heinz, Acting City Attorney Robert Denlow Mary DeBenedetti Chairman Gary Soule

Chairman Soule called the meeting to order at 5:05 p.m. and apologized for the late start. Chairman Soule welcomed Robert Denlow to the Board. He noted that there are two items 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 July 6, 2017 meeting were presented for approval. There was one minor correction to be made; the recording secretary noted that she would make the corrections. The minutes were approved, as corrected.

APPEAL FROM KOL RINAH, FOR THE PROPERTY AT 7701 MARYLAND AVENUE

David Cooperstein, Kol Rinah’s Vice-President of Facilities, was in attendance at the meeting. Also in attendance was project architect, Anna Ives.

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. Drawings 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.

Mr. Cooperstein replied “no”.

Chairman Soule noted that these exhibits will be entered into the record.

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Mr. Cooperstein noted that they were here several months ago but since they have redesigned the project due to budget constraints and programming changes so they are back. He added that they’ve also hired a new architect. He reiterated that the new plan calls for 24 on-site parking spaces and that they have a lease with Pierre Laclede allowing them the use of 130 parking spaces from Friday evenings through Sunday evenings; same as before.

Robert Denlow asked if Kol Rinah owns the property.

Mr. Cooperstein replied that they do now.

Nicki Herrington questioned the 10 year lease with Pierre Laclede; noting her concern that the lease could be void if Pierre Laclede sells the property. She also noted that she does not see a door on the south side of the building.

Ms. Ives began a PowerPoint presentation. Slides depicting the site and floor plans were shown.

Ms. Ives noted that they are trying to preserve as much greenspace as possible; that they are proposing an addition on the front of the building to house the synagogue and that for ADA and security reasons, there will only be a single entry on the west side of the building.

Nicki asked where the building will be accessed from for those people who park on the surface lot (the 24 spaces).

Ms. Ives stated that 4 of those spaces are handicapped and the remaining ones will be reserved for those with special needs. She stated that the additional curb-cut will be used for access to the site for drop-off.

Slides depicting various renderings were shown.

Nicki Herrington asked about a play area for the children.

Ms. Ives stated that there will be two play areas.

Nicki Herrington asked about the childhood center, including who owns it.

Mr. Cooperstein stated that the early childhood center (serving 79 children) is currently in U- City and operates 5 days a week. He added that we {Kol Rinah} owns it.

Mary DeBenedetti asked the ages of the children who attend the childhood center.

Mr. Cooperstein replied “6 weeks to pre-Kindergarten”. He noted that the childhood center is not a school and that children arrive between 7 and 9:30 a.m. and leave anywhere between 2:30 and 6 p.m. He indicated that there is never a line at the current school; children must be brought inside and signed in and out.

Mary DeBenedetti asked why the reduction in parking spaces.

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Ms. Ives stated that the previous plan called for a larger parking lot in proportion to the greenspace; they want to preserve as much greenspace as possible.

Mr. Cooperstein noted that they previously had asked for an increase in the maximum allowable site coverage as well, but were denied; the current plan has coverage at 55% which meets code.

Anna Krane informed the members that site coverage for this lot could go up to 60% with approval by the Plan Commission.

Robert Denlow commented that this is a nice design and likes the preservation of greenspace. He noted that parking meters in the area are not often used.

Chairman Soule stated that the parking meters are not enforced evenings and weekends or holidays.

Robert Denlow stated that Linden only allows 1 hour parking. He stated that he believes there is a lot of off-site parking available in the area and that this will work.

Mary DeBenedetti asked about funeral services during the week and the need for parking for those situations.

Mr. Cooperstein stated that people can use metered spaces, other area lots or opt to utilize the shuttle service from the U-City location.

Nicki Herrington commented that they only have 19 spaces for a congregation of 150 and the likelihood of Pierre Laclede getting sold. She stated that she believes there is only a small chance that the lease will last 10 years.

Mr. Cooperstein stated that if that ends up being the case, they will approach the new owners and ask for a new lease.

Robert Denlow commented that there is a lot of street parking available in the area.

Chairman Soule stated that it is his understanding that there have been no complaints or issues raised by neighbors regarding church parking.

Anna Krane concurred.

Chairman Soule complimented the applicant on the re-design. He noted that last year, the parking variance that this Board granted was a 24% variance; this new plan is only a 20% variance. He reminded everyone that this is an urban community and with it comes some sacrifices. He asked about services for other holidays.

Mr. Cooperstein indicated that they have a very positive relationship with Journey Church and they can ask to use their lot; however, the best option he believes is for them to provide shuttle service.

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Mary DeBenedetti asked where the shuttle bus will be parked.

Mr. Cooperstein indicated that he does not know the answer to that at this time. He added that a bus would be rented, not owned, and it could be taken off-site when not in use.

Nicki Herrington stated that she was not present for the variance request last year and questioned the loss of spaces from that previous plan.

Mr. Cooperstein stated that was an effort to preserve greenspace. He added that the new design is entirely different.

Chairman Soule asked if the addition has also decreased in size.

Mr. Cooperstein replied “yes”.

Mel Disney asked Ken Heinz if variances terminate with the property owner.

Ken Heinz replied “no”.

Mel Disney asked if they can stipulate that it does {terminate with the owner}. He noted that the lease does not provide a renewal option and believes this Board’s approval runs concurrently with the lease and if it does not, maybe it should.

Ken Heinz stated that he understands Mel’s point and theoretically, it could be accomplished; however, he is concerned from a practical standpoint.

Mel Disney indicated that the owner could make another appeal application.

Ken Heinz stated that this would place a stranglehold on the synagogue.

Mel Disney commented that a 10 year lease is not very long.

Robert Denlow stated that he does not believe that a variance that terminates with the owner is fair to the property owner and that it would behoove them to do something as it would be in their best interest to do so.

Mel Disney stated he’s just concerned that the lease will be terminated.

Chairman Soule stated that we can’t foresee the future and if the current owners of Pierre Laclede do sell their property, Kol Rinah will have to deal with a new owner at that time. He added that once the City is made aware of a problem, it is addressed. He reminded everyone that the owners of Pierre Laclede must provide Kol Rinah notice if there is a pending sale of their property.

Nicki Herrington asked if Kol Rinah is paying rent for those spaces.

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Mr. Cooperstein replied “yes”, but it’s a very small amount.

After a discussion regarding variances and their relationship to the owner and to the property, Anna Krane announced that variances run with the property; not a property owner.

Mary DeBenedetti voiced concern regarding neighborhood parking, especially during inclement weather.

Chairman Soule made reference to Central Presbyterian Church’s parking issues and noted that the City has not received complaints about parking on the neighborhood streets.

Spencer Burke, 121 North Hanley Road, addressed the Board by stating that this is an empty building that needs a tenant. He welcomed Kol Rinah and spoke of the problematic corner (Hanley and Maryland) and the pedestrian safety issues. He noted that he loves Kol Rinah’s plan and the amount of greenspace they are providing. He asked that Kol Rinah address the north side (elevation) of the building as that’s the side he faces. He asked that this Board grant the requested variance.

Mr. Cooperstein informed the Board that after this meeting, he is heading to the Center of Clayton to discuss the 2019 repaving of Maryland Avenue with the City’s Public Works Department and he hopes to have a crosswalk installed at Linden and Maryland.

Ken Heinz informed the Board that the best way to resolve the issue is to simply add a condition to the approval that Kol Rinah maintain 130 off-site parking spaces for their use if that is what the Board so chooses. If the Board wants to explore other options, he stated he would have to do more research.

Chairman Soule asked Anna about doing that as he thought it would impose an unreasonable hardship.

Anna Krane suggested not doing that.

Chairman Soule asked the applicant if they considered an alternative.

Ms. Ives stated that they could return to the previous plan.

Nicki Herrington asked how many people work at the daycare and where they park.

Mr. Cooperstein stated that it varies, but that parking for about 20 cars is what they would need and they are currently searching for more spaces to lease for the ECC parking.

Nicki Herrington commented that she doesn’t want those cars parking on the street.

Chairman Soule asked the applicant if there is a parking problem under their current enrollment.

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Mr. Cooperstein replied “no”.

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

Robert Denlow made a motion to approve the variance as requested. The motion was seconded by Mel Disney and unanimously approved by the Board.

Ken Heinz announced that he won’t be attending the October meeting if there is one.

Being no further business for this Board of Adjustment this evening, the meeting adjourned at 6:18 p.m.

_________________________ Recording Secretary