Board of Adjustment - Regular Meeting

I'd like to call the city of Fenton board of adjustment meeting for May 20th, 2025 to order. Please join me in saying the pledge of allegiance to the flag. All right, looks like uh next thing we have on our agenda is appointment of members. Ralph, you're right on time. I'm not needed, but I definitely will pay attention. [Music] I, Ralph Crutz, Should I? Okay. I, Ralph Crutz, do slely swear and affirm that I possess possesses the qualifications prescribed by law to serve as an alternate member of the board of adjustment, and that I support the Constitution of the United States in the state of Missouri, the provisions of the state statutes affecting cities of the fourth class, and the ordinances of the city of Fenton. I shall faithfully conduct myself as an alternate member of the board of adjustment during the term ending May of 2025 and respect the confidences and the

information that comes into my possession. Thank you. Ah, thank you. We could do it again. Okay. [Music] I get a roll call, please. Chairperson Sbert here. Vice Chairperson Mooney here. Member Phillips here. Member Clauss here. Member Phillips here. We have a quorum. That's okay. Okay. I also like to introduce our excuse me, city officials. We have Amy Park, our community development director. Sorry, I'm losing my voice here. Aaron Steele, our city attorney. And we have Sue Moody is our court reporter. That's all we have there. Okay, if you want to give us your opening statement. The proceedings in tonight's meeting will be recorded by a court reporter for future transcription if needed. All speakers will be sworn in before speaking. Please remember to speak directly into the microphone in a clear voice and only address the board

at all times. No discussion between parties will be permitted as the court reporter will not be able to accurately transcribe multiple persons talking at once. the city code, all ordinances, and the notice for tonight's public hearing are present for review and made part of the official record. For each petition, the applicable application with all submitted attachments, the city's official denial of the permit request, and the staff report are also available for review and made part of the official record. Each applicant is reminded that the burden of proof of the necessity for the variance is on him her. A variance is granted to relieve unnecessary hardship or a practical difficulty in the way of carrying out the strict letter of the municipal code as determined from the facts presented and is not to be construed to be setting a precedent for future variance requests. The board will only consider the nature and conditions of the property and whether these factors mandate a variance. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the community development director. Approval is subject to written acceptance of the terms herein by the petitioner within 30 days after receipt of the written notice of approval from the city of Fenton. Board members may ask questions to clarify the facts presented. The applicant may request a continuance at any time during the hearing prior to a call for the vote to bring in additional documentation. The board may also request a continuance to gather additional information or for vote further visit to the site. Okay. Thank you. Now, I'd ask anyone who wishes to speak before the board to please step forward to our podium and microphone over there and state your name into the microphone, please. Amy Stark, community development director. I'm Rob Cruff with Fencend Depot. I'm here on behalf of John Brooks and Kinder Laro. Okay. Thank

you. I have to read the note here. Do you swear that the information you will share here before the board tonight is the truth and the whole truth to the best of your knowledge? I do. Thank you. Now, you can sit down for just one second, please. I know we have some old business Case number 2025-V01- A. Um, do I need to this? I don't. Is there someone here to represent this? No. Okay. So, we're going to scratch that one. Yeah, it's been continued. So, we moving on to new cases, new business. Case number 2025 V02, a petition by Rob Crup of Fence and Deck Depot on behalf of John Brooks and Ginger Lo. Is that correct? Laroo. Thank you. For a variance from section 415-050D1 of the zoning code to encroach the required front and rear setback with a proposed deck. The property is addressed 1304 Park Metal Drive and is zone R3 residential. Uh Amy, do we have everything to hear this case? We do. Would you like a summary? Yes, please. Okay. Um this subject lot is on the corner of Park Meadow and Forest Grove Drive. Um and because it's a corner lot, it does have two front lot lines along the street frontages. The petitioner is proposing a 14 by6 deck that encroaches the 30-foot rear and the 30-foot front setback along Forest Grove Drive. Um the encroachment on the rear setback is approximately 2'6 in creating a uh 27 foot 6-in setback and the encroachment on the front setback is approximately 3T

creating a 27t setback. The proposed deck um is will be constructed over the existing uh concrete patio. All right. And do you have would you like to explain to your explain to the board your reasoning for the variance, sir? Okay. If you'll notice, it's just um the way that the streets kind of winding along the side and to the back of their house. Um, and it's just that I mean barely going over the setback. You know, if it was a straight yard or if it was or if the the street was straight, we wouldn't even be going over the side corner. And then, you know, if it was a regular yard, we we wouldn't be hitting the back set back, you know, and really the only thing that is going over the back setback are the steps. So the the main you can kind of see in the picture we just got that one corner because of the curving road and then the steps of the project and there'll be a pad too but pads don't I do not believe so no okay uh does anyone have question. Well, I would just ask if uh we got any input from any of the neighbors, like if they were against this or anything. We didn't get any comments from the neighbors. I know this is in very or would be out of code with the new plan that we have, comprehensive plan.

What was there is there a difference between what the setbacks were before the comprehensive plan was put into effect? No, the comprehensive plan didn't change the zoning setbacks at all. Okay. I knew it changed the naming of the zoning, but not didn't change anything in the zone. No. Okay. Um I I feel for you. I have a car aside car lot myself and I I feel your pain trying to keep two front yards. It's not very easy to do. Um myself I I walked there today, looked at the place, looked at your property, I saw the street was causing your problem for the side. What what is the normal uh setback for a normal side? Um in the R3 district, I believe it's 8 feet if it were a sideyard setback. Okay. And then the back, you're telling the backyard is really just the steps is the only thing that's encroaching. Yes. Um I really don't have an issue here myself. Nothing. Have anybody in the audience wish to make a comment? Chris or Mike, do you have anything to add? Yeah, I'd like to make a comment, too. Um, I agree with the contractor. This is really kind of a a situation where the road is curving a little bit into the into that setback. Um, I understand the constructibility side of it matching up with the um with the house in the corner and the and the the existing um doorway, those sorts of things. And uh it's such a small uh piece that I I don't see any

issue with um uh granting a variance here. All right. Thank you, Member Mooney. I don't see her. Chris, did you have anything to add? Yes. Um, isn't there any way that those steps could be moved over and or the lot be made or the the deck be made smaller to fit into compliance? Um, I mean, I'm sure that it is possible, but if you notice the old concrete pad is roughly the same size, so it would kind of be forfeiting what they currently have in order to do that. And if you notice, the curvature of the street is also causing the rear setback to kind of encroach on the back of the house as well. So, I mean, it's really just a unique situation that I mean, it's kind of forcing them into a corner, so to speak. All we're doing is what you have outlined in red. That's the only thing the variance is for. Yes. Straight red line across to the voices are cutting in and out. So So where you have the straight line from the corner all the way over, that's just to show a line of measurement. Just doing a little square in red. Correct. Yeah. The square and the steps. The square, the red square right at the corner is the deck. And then the two lines out in front are the steps would be the new step. Yep. Yeah, I drew. And then the the blue lines show the distance to the property lines. And then the other red line is just an arrow to my comment box. Okay.

Is there a reason you didn't want to take the steps off to the side rather than the steps out the back? Just, you know, your design that you wanted it that way or um Well, we we actually have a really unique design going on here with lights and, you know, it's kind of like a fan feature. So, it's really a nice project and I, you know, I think that they wanted to be able to walk off into their backyard and walk back on or see it as they're coming up the street, you know. I mean, it's just design preference really. Mhm. Okay. Any more questions for gentlemen? I'm going to close the public section. You have to you'll have to come up and announce yourself again. And I'm brand new so I don't know exactly what's happened. Ralph Crutz, he has to take the Yeah. One second. You'll have to take the oath. Oh. Mhm. I have to find it first. Do you swear that the information you will share here before this board tonight is the truth, the whole truth to the best of your knowledge? Yes. Thank you. The only question I would have and and it I don't want it to influence what's happening exactly except that if this would be moved over off of the concrete like it is. Uh I used to be in real estate a

long time ago and so on. People look at this aesthetics or whatever of it that they want to match. They wanted to be good on as far as going with the house itself. So in your opinion, if he would move that over three feet and off of the concrete, then what's going to happen is you, like you mentioned, your concrete's still going to be over it on the bottom and it's not going to be as nice looking. So to me it looks like if he moves it over to be in, you know, it's going to affect or could affect the cost of his of the real estate. Um because people will if they sell it in the future, people could come up and take a look at it and say, uh, you know, boy, that just doesn't look right. And uh I used to lose contracts on housing. I mean, on the real estate when I was selling it because there was a fan that didn't look right, you know, a ceiling fan or whatever. And something as big as this, that's right on the curb. It just that's the thing that I would say is, in my opinion, is uh a good reason to do it. It's just um it could cause them harm to push it back be in compliance. All right. Thank you. Okay. And I'm going to close down public comments just anything else that we have internally. All right. there. Chris and Mike seeing any other question for the board? No,

not for me. All right, then I would I'm sorry. He said Chris, do you have any more questions? It It's very difficult for me to hear because everybody is cutting in and out. Oh, okay. Did you have anything else to add or for the for the uh board here you like to discuss? Can you hear me? I can hear you. Yeah. Can you hear me? Yes, I can hear you. But it seems when people are speaking it is cutting they're cutting in and out. Okay. Well, do you have anything you want to add or any questions for us? The only thing that I would add is is I I'm not sure I see the practical difficulty. Okay. I I see what you're saying and that there is ways around to make it a little bit better, but personally I don't see this as much of an encroachment against our zoning codes. Um, but that's just my personal opinion. So, if there's nothing else, then I would like a motion to approve this variance. Second. need to make the motion first. You want me to make the motion? Yeah, sure. I make a motion that we approve this variant. Would you like those with the conditions read into the record? Yes, please. The conditions This other person not showing up has screwed me [Laughter] up. There we

go. Yeah, it should be on one of the sheets. Here we go. Okay. Took me forever to find my right sheet. The approval. Should the board of adjust should the board approve the requested variance? Staff suggest that no less than the following conditions of the approval be considered. The approval associate for a variance from the section 415.050D1 050 D1 of the zoning code for a proposed deck to encroach the required 30foot setback adjacent to Forest Grove for approximately 3 ft during a 27 ft setback and to approach the 30ft setback by approximately 2'6 in creating a 27T 6 in setback as indicated on the site plan dated April April 8th, 2025 compliance with all other applicable city of Benton codes and or Okay, I have a motion. Do I have a second? Second. Thank you, Mike. We have a second. Uh, roll call vote, please. Member Phillips Pig. Yes. Vice Chairperson Mooney. I. Chairperson Sbert. I. Member Phillips. Hi. Member Clauss. Yay. Okay, motion pass. Motion approved. Hearings passes. Thank you. Um, you'll get with Amy for the finalization of everything, whatever that may be. Thank you so much. Okay.

Thank you guys. Good luck. Uh, next thing on our agenda is approval of the minutes from the March 18th, 2025 meeting. I have a motion for approval. Motion to approve minutes. We have a a motion. May I get a second? We have a second. Roll call vote, please. Member Phillips. I. Member Phyllis Pig. Chairperson Severt. I. Vice Chairperson Mooney. Hi. Member Clauss. Member clause further minutes. Approval of the minutes. Chris, can you hear us? Yes. Okay. Okay. I got a thumbs up. Is that okay? Thank you. Amendments are approved. Okay. We have no other business. So, this meeting is over. Oh, I have to have a motion. Have a motion to end the meeting. I make the motion to end the meeting. I second the motion. We have a second. Roll call vote, please. Member Phyllis Pig. I. Member Phillips. I. Chairperson Sbert. I. Vice Chairperson Mooney. I. Member Clauss. Chris, did you hear? Motion to adjourn. Chris, another thumbs up. Okay. Okay. Thank you, Chris. We're ajourned. Thank you. Thank you. Do I have the bang again?