Board of Adjustment - Regular Meeting

Robin, do you need my video on? Uh, Mr. Riner, it would be preferable for you to be on video, particularly when we take the vote. Sure. You're just going to see my car. I'm in my car. Thank you.

Thank you. All right. Uh, good evening everyone. Uh, this is the monthly meeting of the board of adjustment and we are committed to a transparent process and encouragement of public comment during our meetings. We will be accepting testimony from all parties. If you wish to testify on a particular petition before us this evening uh using the Zoom platform, please use the raise hand feature. You can raise your hand at any time and we will recognize you at the appropriate time for the presentation of evidence for the applicable case. If in person, please hand staff a speaker card. Uh planner Robin Keefe will be moderating a hybrid meeting and will be asked to provide names of those individuals that wish to speak. Uh I'd like to call the meeting of the city of Wildwoods Board of Adjustment to order. The board members present today are Bob Morris, board member, Anthony Reiner, alternate member, David Berdolino, alternate member, Michael Lee, board member, and myself, Kevin Lux, acting chair. The Department of Planning staff is present, Joe Vunich, uh, director for planning, and Robin Keefe, planner. Uh, city attorney John Young and court reporter Courtney Tolman are also present on Zoom. Uh, first I offer into the record the affidavit of publications pertaining to today's meeting, July 17, 2025, and take official notice of the zoning ordinance of the city of Wildwood, including chapter 400, article 2, authorizing and establishing the board of adjustments powers and duties. Uh, I'll go ahead and explain the procedure next. Uh, please be aware that the information I'm about to describe is also provided on the board of adjustment public hearing procedure handout which

is available online prior to tonight's meeting. Uh, this hearing is informal in its nature. However, the meeting's procedures will be recorded by a reporter for future transcription if needed. The petitions are called in order listed on the agenda. As the petition is called, I will ask the Department of Planning staff member to read each request into the record. Thereafter, the department of planning will have opening remarks and a brief slide presentation. Then the petitioner or his or her representative will be asked to state their name or and address be sworn in by the court reporter. Make a brief presentation to the board explaining the nature of the requested variance and present such evidence and witness testimony that the evidence uh that may evidence the practical difficulties or unnecessary hardship that warrants the variance. The board will only consider the unique character of the property to determine whether warranting the grant of a variance. The petitioner's presentation shall be limited to 15 minutes total inclusive of questions posed by the board unless there is an extension offered by the chair. Board members may ask questions to clarify the facts of the petitioner's presentation. When the board is satisfied with the material presented by the petitioner, the chair will then ask if there's anyone present online who would like to speak in favor or opposition of the requested variance. Each speaker will be asked to provide their name and address, be sworn in, and provide their evidence and oral testimony. Witness testimony will be limited to 5 minutes inclusive of questions posed by the board unless such time is extended by the chair. Procedurally, the petitioner may request a continuance at any time during the hearing prior to the call for a vote in order to bring in additional evidence or testimony. The board may also continue the proceedings. After the submission of testimony and evidence from all interested parties, the board will ask a staff person to provide the Department of Planning's report on the matter if requested by any member of the board, the petitioner, or any individual that is participating in person or online.

Once all witnesses have been heard, the chair will call for a motion to grant or deny with or without conditions. Then the board will vote. At that time, the presentation of evidence relating to the petition is concluded and no further evidence will be permitted. The board may make a decision today. Four members of the board must vote in favor of the variance for it to be approved. If the variance is approved, the petitioner has 6 months to obtain the necessary permits or establish its use or it will expire. If the board's decision is unfavorable, the petitioner has the right to appeal to the St. Louis County Circuit Court. This appeal must be done within 30 days of the decision. So, that being said, Mrs. Keefe, are there any questions at this time?

Uh, if anyone has any questions online, please use the raise hand feature.

Mr. Chair, I see no questions. All right. and we'll go ahead and proceed. Mr. Chair, members of the board, the first item tonight is BA13-25 Craig Mason 2903 St. Albins's Forest Circle, Wildwood, Missouri 63038 Car Allen. I don't know if it's mine or Mr. Vich. Yes. Yes, ma'am. It's cutting out on me. Anybody in mind that's having trouble? Can everybody else hear? Okay. Yes, ma'am. I think so.

I've lost everything.

Mr. Chair, with your permission, I'll try here. BA3-25 Craig Mason 29. I can't. It's all It's cutting out. actually your video is I think it's on your end because it's coming in clear on my end. What's that? It's on your end.

Miss Telman, would you mind logging out and logging back in? See if it's because your video is kind of jumping back and forth stuttering. Thank you. Take a three sets. I just start using the gavl for fun. [Music]

Mr. Young, if the court reporter is not able to come online again and participate at tonight's hearing, what's the next step? Well, if we're unable to get a court reporter to participate, we do need to have this recorded by the court reporter. And my suggestion would be that we postpone this the hearings in these meeting this meeting. I'm hopeful she'll be able to get back on and I suggest we take all opportunity to give her that or all chances give her that opportunity before making that decision.

Oh, certainly. We'll do our best to engage Miss Tolsman, but yeah, just out of curiosity. So, thank you [Music]

for the benefit of those online. Uh our court reporter is presently having some technological issues. Uh we do have a few troubleshoots. Uh so we just need to give it a few minutes um to hopefully get her back online. Thank you for your patience.

Can you hear me? Okay. Yes, Courtney, we can hear you. Okay. Can you hear us? That's the key. I can hear you. I I unplugged my router, I think, is what happened. So, I think I'm I'm good now. All right. Thank you. Uhuh. Thanks. Sorry. So, I think we were reading the first case into the record. Yeah.

Thank you again, Mr. Chair. Mr. Chair, members of the board, the first item on tonight's agenda is BA13-25. Craig Mason 2903 St. Albins's Forest Circle, Wildwood, Missouri 63038. Care of Alan Rowig, Mainline Group Architecture, 9751 Clayton Road, Leoo, Missouri 63124. requests an exception to the minimum yard requirements general for the purpose of constructing a detached threecar garage 1916 square ft in size upon the property being located at 2903 St. Alvin's Forest Court Circle excuse me located number 24Z 640115 St. Calvin's forest plat one lot 8 which would thereby authorize a sideyard setback distance of 18 ft in lie of 30 ft. This request is contrary to the requirements of chapter 415.090 and new non-urban resident district regulations of the city of Wildwood zoning ordinance. This particular property is located in ward six. And before Miss McKefe begins the presentation of slides, the department would like to enter into the record the following items. Chapter 400, article two of the city of Wildwood Municipal Code, this board of adjustment. Chapter 415 of the same city of Wildwood municipal code, the zoning ordinance, the file that has been developed relative to this particular request and all contents contained therein, including the department's report with recommendation. And then finally, any other testimony, plats, photographs, or other items offered as part of tonight's hearing. Thank you.

Noted. All right, Miss Keef. All right, Mr. Chair, members of the board, our first case this evening involves a 3.1 acre lot located in far western Wildwood. Uh you can even see Franklin County over here. Uh it is located in plat one of the St. Albins's Forest subdivision. Uh the plat for this subdivision was recorded in 1995 and consists of 32 lots total. This lot is served by St. Albins's Forest Circle which is a private roadway maintained by the homeowners asso um by the homeowners of the subdivision. The lot is located off a terminus of the culde-sac. Uh the subject lot is zoned non- urban residence district uh which requires a 30foot sideyard setback which is relevant in this case. Uh the lot is occupied by a single family dwelling that was built in 28 uh 2008. It is a two-story bungalow style residence uh with 4,593 square ft of total living area. Uh improvements upon the property include an ingground swimming pool and associated concrete uh decking and fencing. Other improvements include a garage, a carport, a wood deck, several porches and driveway. Uh the property is steeply sloped with the overall relief of it being 76 ft. Uh the home is located on uh close to the highest elevation upon the property on a on a fairly leveled area that's uh at the top of a hill. Uh the driveway uh as

you can see here has several switchbacks to it as it winds up the hill. Uh the property in total is is heavily wooded. Uh there is lawn area immediately surrounding uh the dwelling. Uh so here you can see the site visit or sorry visit uh site plan uh that was submitted by the petitioner. Uh they are proposing to uh build a new threecar garage which is in orange here. Uh the the existing garage is also pointed out. Um and this is the existing residence and swimming pool. Uh this is the 30foot uh setback line. So, as you can see, a small portion of the new garage is to uh encroach in that side setback area, approximately 148 square ft of it. Uh the garage in total um as uh read by director Vunich is 1,916 square ft in area. Um, it is to be located on an existing gravel pad adjacent to an existing parking court which is an uh which is accessed by a port kosher. And here you can see uh that area I just described. Uh here is the gravel portion. This is the parking court. Uh this is the floor plan uh submitted by the petitioner. Um, and again, this is the proposed garage. This is the existing garage. Um, and that's the portion of the dwelling. Uh, these are renderings of the new structure submitted by the petitioner.

Uh, this is the back view of it. This is the poolside view. This is the courtyard view. And this is the existing structure. Um and uh they did submit elevations as well which are before you. Uh this is the beginning of the petitioner's driveway. Uh we're looking Oops, sorry. We're looking west where we were. Uh, as noted, they are located at the terminus of Culac. Uh, this is looking north from a lower portion of the driveway up at the residence. Um, so you can see the steepness of the slope. Uh this is looking east upon the driveway as it as it uh makes its way up. Uh this is looking northwest. This is the front of the dwelling looking northwest. Uh this is the side of the dwelling looking northwest. Uh and this is uh the existing garage and Port Kosher looking north. Uh this is that same area looking from the opposite direction uh from the parking court. Uh this is the parking court.

Here you can see the gravel area. Um, this is a rock outcropping. This is looking northwest from the parking court. This is looking directly north from the parking court. This is looking east. This is another perspective of that same area. And then this is a sideyard looking west. Uh the department has received one written comment in opposition to the request. Um in that comment uh they did note uh that uh there may be some discrepancies from the petitioner's project from HOA uh regulations. Um however the petitioner also submitted a letter from the HOA approving the project. Um so that has been uh submitted and included in your packets this evening. At this time, I'll conclude my presentation. Uh, if you have any questions for the department, Director Vunich and I are available to answer them. Thank you.

Skif petitioner forward. Ask that they state their name, address, and relation to the property, and then we'll get you sworn in.

Good evening. Uh, my name is Alan Rorig. I'm a principal at Mainline Group Architecture. The address of my business is 9751 Clayton Road, Leoo, Missouri, 63124. Okay. Um, let's go ahead and get you sworn in real quick. Oh, yes. Do you solemnly swear that the testimony you're about to give in this cause will be the truth, the whole truth, and nothing but the truth? I do. Thank you. Welcome. All right. So if uh you could please explain the nature of the request and the hardship or practical difficulty necessitating the variance that relates to the character of the property only.

Yes. Uh Mr. Mason hired our firm to explore expanding the garage. Uh we looked at the area because it's a port share and there's a turnaround and with the grade challenges that are there the the placement of the garage was he has always anticipated to be a detached garage facing the uh existing garage. the pies-shaped nature of the lot and there's a large rock outcropping to the east um meant that we had to look at either putting it on a north south axis or um trying to clip one corner and we we provided a study of the clip corner building that that complied with the setback and it rendered um one of the garage bays as just a triangular shaped odd building. And I don't know, Robin, if if they had seen the version we did of the alternate scheme that showed the building up against the angled uh setback, but okay. So, it was part of the plan packet we submitted, but it created a very odd building trying to stick to it. Um, so that was the main, you know, we basically looked very hard at how do we make it work within the setbacks and what we realized is that it was it would be kind of a silly product at the end of the day to adhere to that setback. And we realize that with the high rock outcropping and the rigs property to the east comes to a hard point at that as well. There isn't um a lot of negative impacts because of the fact that you can't see the building and it's not even close to a buildable portion of that lot and we're so high on a hill. Uh the negative impacts were were in our eyes minimum. Uh we don't approach variances lightly. Um, we did try and make sure we tried to get this threecar garage to

work. Um, the client has, as you would anticipate, he has an existing garage, but with a house of that size and with property and the needs of four-wheelers and that kind of thing, being able to have additional garage space is is pretty important. Um so we basically came up with a design that we felt um best reflected the architectural language of the house, the scale of the house, the roof pitch of the house and placed it there. Um and so we came before you with the uh encroachment of 148 ft at the back corner, which is what we consider to be the minimum. You know, we weren't just pushing the whole thing over. We wanted we we the garage doors are aligned with the existing garage doors and there's a little bit of room around the side of that vehicle. So we we feel that that's a a minimum encroachment in terms of yes that that was um the display in front of you shows what the building would look like if we align the garage doors and the Port Cusher and still kept the wall within that line. we would have a garage door on the right side, the east side that you couldn't actually open. Um there wouldn't be any clearance above for it. We'd have to do some carriage style. Plus, it's a very odd building. So, in light of that, um he did get uh the HOA approval uh on the project as well and the neighbor um to the east has emailed him as well to say that as long as it doesn't go further than what we are requesting, she approves it as well. So, I'm asking you to consider it.

All right. Uh at this time, I'll open it up to questions from the board. All right. Uh, hearing none at this time. Uh, any questions from the audience? Miss Keefe. Mr. Chair, I do I have no speakers card. If anyone online would like to speak, please use the raise hand at this time. I see no raised hands. Thank you. Thank you very much for consideration. Any questions for the city?

Okay. Um, then would anyone like to hear an oral presentation of the department's report? All right. Then any final comments from the city?

Mr. Chair, members of the board, uh the department is uh recommending approval for this request. Uh we believe the site characteristics do support a garage in this location, um with minimal impacts to the area, including that affected neighbor. Um it the the project is invisible from the roadway below. Uh we believe that this placement is the most logical um and the way the garage is positioned in the space is constrained by the rock outcropping, the woods and the slope of the property. Uh we do believe that one condition of the approval should be uh requiring a pre-construction inspection by our city arborist um to ensure that best practices are applied in preserving the trees that are in that project location. Um and that's this is simply because it was noted that the project will be a little bit past that that drip line. Uh so with that said, that concludes my comments. Thank you.

Thank you. All right. I'll go ahead and close the proceeding at this time for a vote. So, I'll go ahead and call for a vote in the form of a motion to approve, deny, or approve with conditions. I'll make a motion to approve with conditions as the department outlined. Okay. And do I have a second for that? Second. I will second that. Two seconds. All right. Two seconds. Okay. Then we will do a roll vote on the motion before us with the condition. So, uh, Mr. Morse,

approve. Uh, Mr. Rainer, approve. Mr. Berdino, approve. Mr. Lee, approve. And I approve as well. So, congratulations. You have an approved variance. All right. Thank all. We'll go into the second issue with you.

Thank you, Mr. Chair. Mr. Chair, members of the board, the second item on tonight's agenda is BA14-25 Retai Incorporated 4045 North St. Peters Parkway, sweet 106 St. Peters, Missouri 63304. Care of Robert Stevens plasted light signs 9915 Graavo Road St. Louis, Missouri 63123 request an exception to the site development plan design criteria and business signs monument for the purpose of replacing an existing legal non-conforming monument sign that is 56 square ft in outline area with a new representation to be located upon the property located at 16419 Village Plaza View Drive located number 23U40639 the village Edge Paraza, thereby authorizing a setback distance of 0 feet in le of the required 20 ft from Village Plaza View Drive and a setback distance of 0 feet in le of the required 40 ft from West Glenn Forums Drive inclusive of the western limit of the amended C8 plan commercial district and 48 square ft of outline area and rule 30 square ft limit. These signed these sign requirements are stipulated in chapter 415.420 signed regulations of all CNM districts of the city of Wildwood zoning ordinance. Chapter 415.190 CA plan commercial district regulations of the city of Wildwood zoning ordinance and amended CA plan commercial district ordinance 2318. This request is also to be reviewed by the architectural review board at its July 10th, 2025 meeting as required by chapter 415400 sign regulations general. This particular property is located in

Ward 4 and as with the first case before Miss Keith provides the slides relative to this presentation, the department would like to enter into the record the following items. Chapter 400, Article 2 of the City of Wildwood Municipal Code, the Board of Adjustment. Chapter 415 of the same city of Wildwood Municipal Code, the zoning ordinance, the file that the department has developed and maintained relative to this particular request, and what contents contained therein, including the department's report with recommendation. And then finally, any testimony, exhibits, plats, photos, or other items offered as part of tonight's hearing. Thank you. Mr. Chair, members of the board, the site of this request is the Village Plaza Commercial Center located off West Glenn Farms Drive. Um, and uh, as you can see, not visible from Highway 100. Uh the commercial center is 36,000 square ft in size and accommodates a range of tenant spaces for lease which include restaurants, offices, service facilities, and retail types. Uh the property is zoned C8 planned commercial district per site specific ordinance first approved by St. Louis County in 1978. Um however, this ordinance has since been amended by the city on a number of occasions. A number of signs exist in the center, including business um business wall uh business signs attached to the wall, uh directional window types, and a freestanding monument sign, which is the subject of this variance request. Uh the Village Plaza commercial center uh was originally part of a larger development that included over 400

residential units and this center was intended to provide services to them. Uh hence its location off of Highway 100. Uh the existing monument sign has been there for at least 30 years. Uh the existing sign is legal but non-conforming in nature. uh given that the city has changed its regulations governing where this type of signage can be located. Um so since uh those regulations have been changed, monument signs are limited to commercial properties located or fronting onto uh State Route 100. Uh the present sign is 60 square ft in size and as noted is not visible from State Route 100. Uh this is the sign location. Um it is located at the corner of West Glenn Farms Drive and Village Plaza View Drive. Uh the new proposed sign which is the subject of this variance request is um proposed to uh be placed in this exact same location. So essentially replacing this this sign right where it is. Uh this would require a 0 foot setback distance from Westland Farms Drive and Village Plaza View Drive. Uh this is the proposed uh signage on the left. Um this is the existing signage in place. Uh it is presently uh 60 square ft uh in area. Uh the new signage will also be 60 ft in area overall. Um however its outline area which is relevant to our sign code um is 48 square ft. Uh what is allowed per the ordinance is 30 square ft. Uh they are planning to externally light the sign which is allowed per city

regulations. Um the sign will uh be titled village plaza and then there will be uh six tenant panels below that. Uh as noted in the agenda language, uh the architectural review board did review this sign on July 10th of this month. Uh the board's consensus was that given that the size is the same as the existing sign uh and it's being placed in the exact same location. There's no concerns about the variance request. However, it was suggested that some low-level shrubbery uh be placed in front of the black area at the lowest lowest part of the sign. So, essentially a landscaping component. Uh this is looking northwest um at the existing sign and really the commercial center as a whole. Um so this is West Glenn Farms Drive. This is Village Plaza View Drive here. Uh this is a closer view of the existing signage and its present landscaping. Looking west, uh this is a closer view of some of the tenants uh in the shopping center looking southwest. Uh this is looking west. This is looking south. This is looking north at the uh residential development across the street consisting of uh multifamily units.

Uh this is looking east towards state route 100. And this is looking southeast um towards state route 100. Uh that concludes my presentation at this time. Uh the department has received uh a few comments uh in regards to this request um in opposition and well one in opposition and then one conditionally supporting the request. Uh we did forward uh a series of comments from uh the city council representatives award for to you earlier and you should have a copy of that email before you at your seat tonight as well. Thank you.

All right. Thank you, Mrs. Keefe. At this time, I will ask the petitioner to come forward and explain the nature of the request or the hardship or practical difficulty necessitating the variance. Um, Mr. Chair, uh, if you'll wait just a moment, I'm going to promote Mr. Stevens now. Sure. unmute. Uh, do you guys hear me? Yes. Yes, sir. All right. Hi, Mr. Stevens. We'll go ahead and have you state your name and address. Sorry.

It's a pleasure to see you guys tonight. You as well. U, so we'll go ahead and get you sworn in here in a second. And if you could state your full name and address and relation to the property and then we'll have the court reporter formally swear you in. Uh Robert Guy Stevens 9915 Grao and I am the uh I guess the general contractor to this project for for Sam Ry Inc. Please raise your right hand. Do you solemnly swear that the testimony you're about to give in this cause would be the truth, the whole truth, and nothing but the truth? Yes, ma'am. Thank you. All right, Mr. Stevens, if you want to go ahead and explain the nature of the request and the hardship or the practical difficulty the variance.

Yeah. Um, she kind of nailed it on the introduction there. Uh, so I I did not know that this project was actually built in conjunction with the uh with the condos and the apartments across the street. Uh, but that is part of what we are trying to get here. Um there is a wealth of people right across the street that I didn't realize that plaza was actually designed to accommodate. Uh we kind of want them to see who are back there. If you kind of seen from those pictures just the way that plaza is is is angled towards the street. You you don't see any of those tenants. No matter what you do, it don't matter how long you were to stare back there. You wouldn't be able to get one name out of there. Um, a lot of our goals here are to all the people that are going up and down that street so fast is to get them to know that there is a Mexican restaurant, a dog wash. Um, High Energy is there, which is a fantastic little gymnastics place for all the kids. Um, then there's quite a few others that are even moving in there currently. Um, but that is our main goal here is to and the green sign's a little antiquated. Um, we would like to get it more conforming to our new new modern look. Um but along with that is just getting people's uh vision back there and just kind of knowledge of the tenants uh just to kind of help and support the people that that work there. Um and and just along with that we were staying with the same size understanding that this was a sign installed uh back when rules were different. Uh so we don't want to exploit the sign rules anymore than what has already been done. Um and and uh that's pretty much it. U we did recommend the uh I had recommend that already to Sam and Terron uh that we we're going to cut down the bushes significantly so that the lower tenants can be seen. Um but we did suggest that to him just that to rework the uh the the landscaping based on the new colors and and scheme. You know, some maybe nice whiter rock and and flowers instead of bushes so much so they don't grow so

tall and more out instead of instead of up. Um, but no, that's the uh that's the plan if you guys are okay with it. Yeah. All right. Thank you very much for the commentary. At this time, I'll go ahead and open up to the board for any questions. I guess just quickly from my chair, it sounds like you are okay and in agreement with the concept of doing some sort of shrubbery work and the landscaping around it and that's not an issue from your end.

Yeah. No, I I I agreed. I I brought that up to him. We are going to uh with the installation of this sign, those bushes will be cut down. And then yes, I I expressed to him that, you know, to come in and they had they had some plan. I think they were working with somebody else, but they had already expressed that they were were uh consultating or or getting consulting on that. Any other questions? All right. Hearing none, we'll go ahead and shift over to the audience. Miss Keefe, Mr. Chair, I have no speaker cards and our one attendee online is currently presenting. Okay.

All right. Then given that, I'll offer to have a reading of the oral presentation of the department's report and then we will go ahead and offer the Department of Planning to make any final comments.

Thank you, Mr. Chair. Mr. Chair and members of the board, the department of planning is endorsing the variance that is before you tonight for consideration. Primarily, the department's support is premised on the fact that this current sign is a legal nonconforming type. By replacing it, the nonconformity associated with the sign will be reduced. and that's a key component relative to the city's zoning ordinance regulations. In this regard, Miss Keith did note that today we did receive from the two ward representatives a email relative to this particular request. And in that email, they identified certain inconsistencies between what is on the site in terms of certain improvements and the city's regulations. Those were identified as well as part of the as well as as part of the department's report. So tonight, the department is supporting the requested variance with two conditions. the landscaping component at the base or perimeter of the sign and that the board allow the department to address the inconsistencies with current regulations before releasing the variance or the new sign. If there are any questions from the board members, the department be glad to answer them at this time. Thank you,

Mr. Berlin. Yeah, Joe. Uh just on that subject, Joe, uh you said um authorization uh of the sign until legality of all other signs installed within the center. You're not saying that if you find something that's not compliant on those other buildings that you're going to hold up this issuance until that's fixed or you just going to want the time to make sure am I saying it correctly? Okay,

Mr. Mr. Berilino, the idea would be is to verify at least in two instances if the signs that have been placed on the tenant spaces are consistent with the authorizations from the city and if so, the sign would be released. If they are inconsistent with what was authorized by the city, then a plan would have to be presented to address them before the new monument sign would be authorized. So yes, we would hold um the sign until such time compliance is achieved. There's been some issues at this center with the new ownership and that's why we're we're requesting that consideration from the board tonight.

Would would you be willing to put a time limit on that, Joe? um for the for the sign to itself to be erected, would you would you be willing to say a a specific time if we find a variance that we have to have to have on one of those other signs that within a certain period of time these this can go on and build the the the new sign, but you're not going to make it contingent upon the correction of the sign that you found illegal. If the board is inclined, the department believes it can address considerations identified by Mr. Farmer and Mr. Dodwell, the council people for that particular award with in no more than 45 days.

Yeah, Joe, one thing here as opposed to if if Mr. Mr. Bernolino is okay with this uh construction. Why don't we do a time limit on your approval and then construction can proceed after that? So, if the signage is deemed within ordinance for the the actual tenants and they can get full approval on that, then they can start construction because it might take you a little longer and maybe some negotiation on certain signs if they're not compliant. Yes, I'm making the assumption that we'll do the investigation relative to the parking lot lighting, the two tenants that have come into question of recent times and then the removal of vegetation along Route 100. I would note the removal of the vegetation along Route 100 was done under a permit from the city. The question I believe is was more done than authorized and that's a simple check of the plan against what's out on the site.

Okay. And then the parking lot lighting levels would be the same. You would you would investigate that. And yes, I like to think that our lighting consultant Reed Burket Lighting can provide an assessment of that within the next couple of weeks. Okay. So, I would amend yours for uh staff um review of the site and then recommendations of approval for what needs to go forth or uh recommendations of what needs to be addressed before the monument sign can be approved.

Correct. So again, the intent would be not to delay the new monument sign any longer than necessary to address the concerns of the two council people and obviously the city because of its role as an enforcement entity. Any more questions from the board? Thank you.

Thank you, Mr. Munch. All right, we will go ahead and close the proceeding at this time and call for a vote through a motion to approve, a motion to deny, or a motion to approve with conditions. I'll make a motion to approve with um the city staff um review of the lighting on the parking lot, the tenant signs and um the vegetation around the base of the sign and also on the MDOT rideway. And then upon satisfactory compliance with city ordinance, uh, the monument sign can be approved through staff after we make our recommendations for approval or deny. All right. I will note we have a motion. I will not repeat it, but I will ask for a second.

What he said. All right. I'll consider that a second. So then we will do a vote on that motion. Uh, Mr. Morris, how do you look? I'll second it or approve. Yeah, approve it. All right, Mr. Riner. Approve. Uh, sorry you weren't coming through there. I think I saw you say approve, but yeah, it's approve. Okay. Thank you, Mr. Berino. Approve. Mr. Lee, approve.

And I will approve as well. So that motion, what he said is approved. Congratulations. We have a variance approval. All right. We will then directly proceed directly into the third and final request. So, if the city would like to proceed. Thank you again, Mr. Chair. The third and final request as noted is BA15-25. Tom Zenni, 10 Fox View Lane, Wildwood, Missouri 63069 requests an exception to the minimum yard requirements general for the purpose of constructing an attached twocar garage upon the property being located at 10 Fox View Lane, locator number 28Y 2200064, Fox View subdivision lot 3, which would thereby authorize a front yard setback distance of 48 feet in L of 50 feet from the roadway easement. This request is contrary to the requirements of chapter 415.090 NU non- urban resident district regulations of the city of Wildwood zoning ordinance. This particular property is located in Ward 6. And before Miss Keefe provides the slight presentation of the department, the department would again like to enter into the record the following items. Chapter 400, article two of the city of Wildwood Municipal Code, the board of adjustment. Chapter 415 of the same city of Wildwood Municipal Code, the zoning ordinance, the file that has been developed and maintained by the department relative to this request and all contents contained therein, including the department's report with recommendation. And then finally, any testimony, exhibits, plats, maps, or other items offered as testimony at tonight's hearing. Thank you.

Thank you very much, Miss Keefe. Presentation. All right, Mr. Chair, members of the board, our final case this evening involves a subject site that is 3.16 acres in size and located within the Fox View subdivision, uh, which is located in far western Wildwood off of Fox Creek Road, which is a city maintained arterial road. Uh, so here you can see Interstate 44. Uh, to the south, here's Fox Creek Road, and this is the subject site. Uh the subject lot is occupied by a single family dwelling that was built in 1990. Uh and it is 1,387 square ft in total living area. The home is served by a gravel drive with two ingress egress points. Uh the lower drive loops in a circle and serves the garage area um while the upper drive serves the home. Uh the lot is zoned non- urban residence district which does stipulate that um all structures must be 50 ft away from any roadway easement which is relevant in this case. Uh the topography of the property is steeply sloped ascending from western corner um so ascending from the western corner to the northeastern corner with a total relief of 130 ft. The property is heavily wooded. Uh though the trees do thin out around the residence itself. Um and the home is embedded uh into the hillside. Uh this is the site plan that was submitted by the petitioner. Uh this is

the existing dwelling in blue. Uh the orange is the proposed garage and associated stairwell. Uh in red is the 50 foot uh building line. So as you can see, it just clips that corner of the structure um by 2 feet. Uh so um so this red line is 50 ft set back from the roadway easement um which is another 20 ft. And as you can see um the road uh is uh the gravel road is depicted here. Uh this is the floor plan of the proposed structure uh which will be 859 square ft in area. Um and this is the elevation of it provided uh by the petitioner. Uh this is the front of the home looking northeast. Uh this is looking southwest down Foxview Lane. Uh so Foxview Lane is a gravel roadway. Uh this is looking northeast up the hill Fox View Lane. Uh this is looking northwest into the property from uh Fox View Lane. Uh this is the existing garage. Uh this is another view of it uh looking southwest. This is standing slightly back. Uh this is looking northwest from Fox View Lane uh towards the existing garage

and the proposed location of the new garage. Uh this is looking northwest. Uh, this is looking southwest at the dwelling. This is looking north in that same area. This is looking west. Uh, okay. So, here uh we're on Foxview Lane looking southwest towards the lower uh gravel drive area and uh this is a outdoor storage area upon it looking northwest. Uh this is looking northeast up the hill towards the existing garage. Uh this is looking northeast at the dwelling. And this is looking southeast back out towards Fox View Lane. Uh this is the subject site. The northern neighbor is in support of the variance request and in fact uh that property received a variance uh to uh of 25 ft to the front yard uh setback distance uh for the construction of the dwelling that's currently upon the property. Um, at this time I'll conclude the department's presentation. If you have any questions of director Vunich or I, uh, we are happy to answer them. Thank you.

Thank you, Keefe. At this time, we'll go ahead and call the petitioner forward and ask that they state their name, address, and relation to the property, and then we will get them sworn in.

Hello there. Evening. Uh, my name is Tom Zini. I live at 10 Foxy Lane. Been there for since 1990 or so. And I uh just We'll go ahead and get you sworn in real quick and Okay. Go right into it. Do you solemnly swear that the testimony you're about to give in this cause will be the truth, the whole truth, and nothing but the truth? I do. Thank you.

Go ahead. Uh I'm requesting this petition to u basically I wanted to put an addition on my uh house for an upper garage to have a garage at the first level and also I have a spiral staircase in my house and I getting in the years and for resale purposes I wanted to put a regular set of stairs in there. Um and the design of the house is is a couple of cubes split at a 30° angle. I'm actually going the other direction uh to kind of keep in design with the house and the garage itself just dictated with uh having to build it a little bit away from the house as far as the footings and foundation and all that that it encroached across the line. I think 1 foot n in. And I'm hoping that you guys can give me a variance to be able to put it in. Also, the lower garage will have a stairway that comes out of where the existing garage is and kind of limits my room for cars in the lower garage. So, that's kind of also I added another foot and that's kind of how it ended up where it is. All right. Thank you, Mr. Zany. Uh, so we'll go ahead and open up to any questions from the board. Doesn't sound like we have any. Uh, so then we'll move over to the audience. Miss Keefe.

Uh, Mr. Chair, I have no speakers cards and currently no attendees. Thank you. So then, uh, you can go ahead and take a seat now since we questions. So, appreciate you coming up.

All right. Uh, we'll go ahead and, uh, offer to anyone in the audience the opportunity to hear an oral presentation of the department's report and then we'll go ahead and turn it over to Miss Keith for final comments. Mr. Chair, members of the board, uh the department is supporting this request. It's a very very minor intrusion. Just that corner um is is crossing uh into the setback area. Uh the property uh is heavily wooded with a very steep slope making it difficult to uh modify uh any existing structures upon it uh because of the site characteristics uh being so challenging. Um in this case uh the garage is being built in an already uh disturbed area. Um so uh a and within um and basically embedded into that hillside. I showed you pictures where you could where half of the existing garage was pretty much obstructed from view on Fox View Lane um because of of the grade and um and the trees uh buffering it from the road. Um, so it's a very private location, uh, very minor intrusion and, uh, we are supporting it. Thank you.

Thank you, Miss Keefe. Any final comments or questions from the board? All right. Then we'll go ahead and close the proceeding and move for a vote with a motion to approve, deny, or approve with conditions. I'll make a motion to approve. All right. Mr. Rener made a motion to approve. Do I have a second? I have a second. Then we will go to a vote. So, uh, Mr. Morris, approve. Mr. Riner, approve. Mr. Berino, approve. Mr. Lee, approve.

And then I also approve as well. So, congratulations. Variance approved. Uh, good luck with the project. So, with that, I think we have two more very quick motions. The first is just to approve um well I need to ask for a motion to approve the minutes from the last meeting. Any takers? Move to approve.

I'll second opinion on that. I'm sorry. I did not hear the question. Uh, so do I need to for the motion to approve the minutes. Do I need to do an individual roll call or can I just do a voice motion? A voice is sufficient. Okay. So, all approved. I I Great. Thank you very much. And then a motion to adjurnn, please. I'll make a motion to adjurnn.

Do I have a second? All right. And then voice approval. All in favor? I. Thank you everyone. Thank you very much. We are adjourned.