Meeting

Board of Adjustment

April 4, 2019

Board of Adjustment · All meetings

Minutes
This document is minutes from the Board of Adjustment meeting originally scheduled for April 4, 2019 and rescheduled to April 8, 2019. It records roll call and attendance, presentation of staff exhibits, two appeals heard, staff findings, public testimony, motions, and votes. The minutes record approval of a 1.99-foot variance from a 6.59-foot required side-yard setback for 824 Meramec Avenue (motion passed unanimously) and discussion of an appeal by Concordia Seminary concerning locating two parking spaces within the front-yard setback at 6701 San Bonita Avenue (testimony and questions about paving, drainage, screening, and parking layout are recorded; no final vote on that item is shown in the provided excerpts).
Full minutes

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MINUTES BOARD OF ADJUSTMENT APRIL 08, 2019

ROLL CALL: RICK BLISS

ANNA KRANE, AICP, PLANNER ROBERT DENLOW

KEN HEINZ, CITY ATTORNEY MARY DEBENEDETTI CHAIRMAN GARY SOULE

Absent: AIDEN MCAULEY

PLEASE NOTE THIS MEETING WAS RESCHEDULED FROM THE REGULAR MEETING OF APRIL 04, 2019 DUE TO THE LACK OF A QUORUM.

CHAIRMAN SOULE called the meeting to order at approximately 17:05. He noted that there are two items for consideration this evening. It was also noted that there were only four members present for the meeting and that for an appeal to be granted the motion would need to be approved by all four members. Applicants were given the chance to continue their appeal to the next regular scheduled meeting. Both applicants chose to proceed with only four voting members present.

The minutes of the March 07, 2019 meeting were presented for approval. The board made minor amendments.

RICK BLISS – Motion to approve minutes from 03/07/2019 with minor amendments.

MARY DEBENEDETTI – Second

ALL - Aye

APPEAL FROM TOM WALL, APPLICANT, ON BEHALF OF ERIC AND SHANNON LENZE, OWNERS OF 824 MERAMEC AVENUE, FOR A 1.99 FOOT VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF 6.59 FEET TO ALLOW FOR THE CONSTRUCTION OF AN ADDITION.

TOM WALL (TW) – REPRESENTING THE LENZES SHANNON LENZE (SL) – HOMEOWNER

ALL THOSE WISHING TO SPEAK WERE SWORN IN BY KARI CRANFORD ______________________________________________________________________________

CHAIRMAN SOULE asked if the City had any exhibits to present with regards to this appeal.

KEN HEINZ presented the following exhibits:

A. City of Clayton Code of Ordinances & Master Plan

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B. Application for Zoning Review & Zoning Review Denial Letter C. Application for Appeal D. Property Survey Site Plan, and elevation submitted by applicant E. Staff Report

CHAIRMAN SOULE – The City’s exhibits A – E will be included in this record. Asks for applicant representative to come forward and begin by stating name.

THOMAS WALL (TW) – 2 The Pines Court, 63141 Shannon Lenze (SL) – Homeowner

TW – Speaks about the addition and that alternatives would create a difficult space for the homeowners. We will need to continue the encroachment into the setback to make this a functional space. The 2 feet into the setback would not create issues for the neighbors.

ROBERT DENLOW – How long have you lived there?

SL – We have lived in this home for 12 years and with our family size of five, it is hard to make the kitchen work.

CHAIRMAN SOULE – Asks Anna Krane to confirm Staff analysis a-c in the staff report:

A. There are practical difficulties or unnecessary hardships associated with the strict application of the Zoning Regulations, due to the exceptional or unique circumstances or conditions such that strict application would deprive the owner of reasonable use of the property. B. Granting the variance requested would observe the spirit of the Zoning Regulations and secure public safety and welfare. C. The deviation from strict application of the Zoning Regulations authorized by the variance would not constitute a change in the district map, impair an adequate supply of light and air to adjacent property, increase congestion in public streets, increase the danger of fire, materially diminish or impair established property values within the surrounding area and would not in any other respect impair the public health, safety, comfort, morals and welfare of the City of Clayton.

ANNA KRANE – Confirms analysis from staff report.

A. Staff does not believe that the characteristics of the subject lot are exceptional or that strict application of the Zoning Regulations would deprive the owner of reasonable use of the property. B. Staff does not anticipate any significant detrimental effects on public safety and welfare associated with approving the requested variance. C. Granting the variances would not likely impair an adequate supply of light and air or negatively impact adjacent property.

SL – Says she and her husband met with the neighbors and that they are in support of the renovations.

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

MARY DEBENEDETTI – I move that we approve a 1.99 foot variance from the required side yard setback of 6.59 feet to allow for the construction of an addition (Section 405.199.A.3).

RICK BLISS – Second

CHAIRMAN SOULE – All in favor of Mrs. Debenedetti’s motion?

ALL – Aye

CHAIRMAN SOULE – Any opposed?

*NO*

Motion passed. Appeal Granted. ______________________________________________________________________________

APPEAL FROM JOHN FALK, APPLICANT, ON BEHALF OF CONCORDIA SEMINARY, OWNER OF 6701 SAN BONITA AVENUE FOR THE LOCATION OF TWO PARKING SPACES WITHIN THE FRONT YARD SETBACK.

SCOTT FEHL(SF) – ATTORNEY REPRESENTING CONCORDIA SEMINARY OMAR KAHN (OK) – 6637 SAN BONITA – OWNER LEE YANG (LY) – 6637 SAN BONITA – OWNER

ALL THOSE WISHING TO SPEAK WERE SWORN IN BY KARI CRANFORD ______________________________________________________________________________

CHAIRMAN SOULE asked if the City had any exhibits to present with regards to this appeal.

KEN HEINZ presented the following exhibits:

A. City of Clayton Code of Ordinances & Master Plan B. Application for Zoning Review & Zoning Review Denial Letter C. Application for Appeal D. Property Survey Site Plan, and elevation submitted by applicant E. Staff Report

CHAIRMAN SOULE – The City’s exhibits A – E will be included in this record. Asks for applicant representative to come forward and begin by stating name.

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SCOTT FEHL – 6312 Hazlewest Court, Suite 2, Hazlewood, MO 60342

SF – Explains that Concordia consolidate the lots and that now they need to have 12 parking stalls and enter into the setback line. The building being renovated used to be student housing for married students with twelve units. For awhile they rented the building to Fontbonne University and now that Fontbonne no longer needs the building Concordia would like to renovate it into 6 upscale units to conform to the required 2 parking stalls per unit.

ROBERT DENLOW – Would you be paving most of that lot?

SF – No, less that 50 percent will be paved. We are asking for two additional stalls to be located in the front yard setback. We can already pave the 10 spots.

MARY DEBENEDETTI – What about tandem parking so that they can fit the parking spots without going into the setback?

SF – Logistically people will be annoyed someone parks behind them and will park in the street instead which is what I think the City is trying to avoid by requiring off-street parking. This also makes it, in the future, easier should Concordia want to sell this building.

OK and LY – Enjoy being neighbors with Concordia and think the parking is a good idea, however, are concerned with possible flooding due to drainage pooling. They would also like to unsure that the lot and its lights be screened from their property. They would also like to make sure they are protected and that the area remain walkable and keep the same character of the rest of the neighborhood.

Robert Denlow – Asks about the stormwater runoff and possible pooling and flooding if the lot is paved.

AK – Explains to the board that the project does not require SWPPP review due to minimal grading.

CHAIRMAN SOULE – Asks Anna Krane to confirm Staff analysis a-c in the staff report:

A. There are practical difficulties or unnecessary hardships associated with the strict application of the Zoning Regulations, due to the exceptional or unique circumstances or conditions such that strict application would deprive the owner of reasonable use of the property. B. Granting the variance requested would observe the spirit of the Zoning Regulations and secure public safety and welfare. C. The deviation from strict application of the Zoning Regulations authorized by the variance would not constitute a change in the district map, impair an adequate supply of light and air to adjacent property, increase congestion in public streets, increase the danger of fire, materially diminish or impair established property values within the surrounding area and would not in any other respect impair the public health, safety,

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comfort, morals and welfare of the City of Clayton.

ANNA KRANE – Confirms analysis from staff report. A. staff does not believe that the characteristics of the subject lot are exceptional or that strict application of the Zoning Regulations would deprive the owner of reasonable use of the property. B. Staff does not anticipate any significant detrimental effects on public safety and welfare associated with approving the requested variance. C. Granting the variances would not likely impair an adequate supply of light and air or negatively impact adjacent property.

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

RICK BLISS – I move that we approve a variance for the location of two parking spaces within the front yard setback (Section 405.2410 and Section 405.2390.A.1).

MARY DEBENEDETTI – Second

ROLL CALL: RICK BLISS – NAY ROBERT DENLOW – NAY MARY DEBENEDETTI - AYE CHAIRMAN SOULE – AYE

Motion denied. Appeal denied.

Being no further business for this Board of Adjustment this evening, the meeting adjourned at 18:12.

Recording Secretary

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