Board of Adjustment - Regular Meeting

Good evening everyone. This evening is our monthly meeting of the board of adjustment. We are committed to a transparent process and encouragement of public comment during our meetings. We'll be accepting testimony from all parties. If you wish to testify on any particular petition before us this evening 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 each case. If in person this evening, please hand staff your speakers card. Planner Robin Keefe will be moderating the hybrid meeting and will be asked to provide names of those individuals that wish to speak. I'd like to call the meeting of the city of Board of Wildwood's board of adjustment to order. The board members present today are Bob Morris, board member, Kevin Lux, board member, Arie Sprunger, board member, and myself, Jared Frank, chair for tonight's meeting. The Department of Planning staff present is Joe Vunich, director of planning, and Rob Keefe, planner. City attorney John Young, and Courtney reporter Courtney Tolman are also present on Zoom. First, I offer into the record the affidavit of publication pertaining to today's meeting, November 20th, 2025, and take official notice of the zoning ordinance of City of Wildwood, including chapter 400, article 2, authorizing establishing the board of adjustments powers and duties. Now, let me explain the hearing procedure. Please be aware the information I'm about to describe is also provided on the board of adjustments public hearing procedure handout, which was available online prior and up to tonight's meeting. This hearing is informal in its nature. However, the meeting's proceedings will be recorded by a reporter for future transcription if needed. The petitions are called in the order listed on the agenda. As the petition is called, I will ask the Department of Planning staff members to read in 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 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 may evidence the

practical difficulties or unnecessary hardship that warrant the variance. The board will only consider the unique character of the property to determine whether they warrant the granting of a variance. The petitioner's presentation shall be limited to 15 minutes total inclusive of any questions posed by the board unless such time is extended 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 is anyone present or online who would like to speak in favor or opposition to the requested variance. Each speaker will be asked to provide their name and address, be sworn in, and then provide their evidence and oral testimony. Witness to testimony will be limited to five minutes inclusive of any questions posed by the board unless such time is extended by the chair. Procedurally, the petitioner may request a continuence at any time during the hearing prior to the call for the vote in order to bring in additional evidence or testimony. The more 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 this 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 a variance is approved, the petitioner has six months to obtain the necessary permits or establish the use or it will expire. If the board's decision is unfavorable, the petitioner has the right of appeal to the St. Louis County Circuit Court. This appeal must be done within 30 days of the decision. Miss GE, are there any questions at this time? At this time, if there are any questions

online, please use the raise hand feature. Uh if there are any questions in audience, Mr. Chair, with your permission,

we were expecting a fifth member, Mr. Lee. I do not see him on Zoom. So, as a policy that's been adhered to by the board of adjustment, if any of the petitioners would like to postpone because as the chair mentioned, a variance can only be granted with four votes. So, tonight with only four of you, it has to be unanimous. So, I do want to make mention of that. And then secondly, the first item on tonight's agenda, Minton Martini, the sign request. We are working together and we think we have a solution. The solution needed a little assistance from the sign manufacturer as well as our lighting consultant. So we expected to be back at the December meeting. Thank you. Do we try Mr. Lee? Any any uh questions online or from the audience at this time? Miss

Keefe, Mr. Chair, I saw no raised hands. At this time, I will uh ask the board to um make a motion. Um it's understood that we have several folks in the audience that are here for for uh BA35-25. It is the last of the agenda tonight. Um, we'd love to move it up to the front if the board so um sees it fit. So, can I have a motion to move BA35-25 to the first um hearing this evening?

Yeah, I'll make a motion to hear case 35-25 first on the agenda. Can I get a second? I'll second that. Thank you, Mr. Stronger. Mr. Morris, how do you vote? And Mr. Lux approve. Mr. Sprunger approve and I approve as well. So we'll move um BA uh 35-25 to uh to the first. That being said, uh will the department please read uh that request into the record?

Certainly, Mr. Chair. First item on tonight's agenda via the motion in action. BA35-25 Sherry Edwards 2311 Dartmouth Ben Drive, Wildwood, Missouri 63011 request an exception to the minimum yard requirements general for the purpose excuse me for the purpose of maintaining a pool cabana. 100 square ft in area which is located upon the property at 2311 Dartmouth Ben Drive located number 22V230318 Dartmouth Plat 1 lot 105 thereby authorizing a sideyard setback distance of 6 ft in lie of 10 ft and a rear yard setback distance of 7 ft in lie of 30 feet as set forth for this subject lot. This request is contrary to the requirements of chapter 415.140R3 10,000qt resident district regulations of the city of Wildwood zoning ordinance and St. Louis County's planned environment unit PEU ordinance number 16-a 821 approved by the St. Louis County Council on December 21st 1993. A similar re request was denied at the October 16th, 2025 meeting of the board of adjustment, but a new application has been since since been submitted by the applicants verifying the permitting process was completed for all other existing improvements. The homeowners association having provided its approval for the cabana structure and the department of planning conducting a site visit and verification of minimal impact of the structure and associated improvements to the storm water runoff

on neighboring properties. This particular site is located in wart 5. And while Miss Keefe gets ready to do the slide 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 the zoning ordinance, the file that has been developed and maintained by the department relative to this specific request and all contents contained therein, including the department's report with recommendation. And then finally, any testimony or evidence provided as part of tonight's hearing. Thank you, Mr. Chair. Thank you, director Munich. Mr. Chair, I do have an update. Mr. Lee is about 5 to 8 minutes out in terms of his arrival. Certainly, if there is testimony provided prior to Mr. Lee's uh attendance, we would ask him to abstain from a vote, but as soon as he arrives and a new case is heard, he may participate.

Does is the presentation differed? Because he was here last month. Does that matter? he's seen your presentation [clears throat] unless it's different because that'll probably be about five that'll be about five minutes that's

well certainly it's in the best interest of all applicants and parties to have a full board of five members works best that way if he is just five minutes away we could um um take a break. Oh, certainly we have

as long as at the time of the vote if he he has to be on video and we can register the vote from wherever he is. Mr. Lee, we'll get started with the uh with the department's uh presentation as you make your way here. drive safe.

I can't hear anything. Mr. Chair,

members of the board, uh you have seen this case uh before or at least a variation of it at the last meeting. At the last meeting of the board of adjustment in October, uh the members approved a variance for this subject property uh for the concrete decking around a recently installed inground swimming pool. Um the decking extended several feet into the sideyard setback area of the lot. And at the same meeting, the board members did deny a pool cabana structure uh which we are back uh before you discussing this evening, but with some additional information uh that wasn't available at last month's meeting. So without further ado, I'm going to go into uh an introductory presentation. All right. Uh, the subject site is part of the Dartmouth subdivision which was platted by St. Louis County prior to the city's incorporation. It is located near the intersection of Highway 109 and Clayton Road just to the north of Lafayette High School. Uh the property is zoned R1A 22,000qt residence district with a planned environment uh unit PEU uh dictating uh various conditions for the site including its uh setback uh distance requirements. uh setbacks were described in this particular particular uh PEU ordinance as those distances set forth in the R3 10,000 ft² residence district. Um the these that stipulation was included in St. Louis County's PEU ordinance. The

city's uh requirements must be used um now that uh we have jurisdiction and uh they are generally greater than what St. Louis County applies which is relevant to this case. Uh there is a single family dwelling upon the lot along with a patio deck and inground swimming pool with associated decking, fencing and pool equipment. The lot consists of primarily well-maintained uh turf uh area which is situated in the front and sideyard areas of the lot. Uh there is a slope from the street uh to the rear of the property with approximately 8 ft of fall. A pool cabana has already been constructed. It is 100 square feet in size and has been placed in the rear uh area of the lot uh within the six and seven uh within six and 7 ft off uh the uh property lines. Uh request the request this evening is to maintain the pool cabana in its current location which again uh is 6 ft in lie of 10 ft from the sideyard property line and 7 ft in lie of 30 ft from the rear yard property line. All permits have been obtained for the inground swimming pool according to the applicant and we've also received HOA approval uh for this project. Uh this is looking northeast at the petitioner's rear yard uh where the swimming pool uh was installed and uh the current pool cabana structure.

Here we're looking north uh at the front of the petitioner's dwelling. Here we're looking west on Dartmouth Bend Drive and east upon it. Uh this is looking north um again at the petitioner's rear yard. Uh this is a closeup of the pool cabana structure. There's another uh look at it to the east. Uh this is the eastern neighbor. This is looking north south towards the rear of the petitioner's dwelling. west and east. Again, uh the department did conduct a site visit uh to uh assess uh the storm water uh drainage situation and what we discovered um is a number of measures that appear to be managing to be have thoughtfully designed in order to do so. including plantings, um gravel and and drainage features. Uh the department has received uh uh several comments in opposition to the request uh including from eight different households. Uh they the department has also received uh two households

um letters from two households that are in support of the request. And that concludes my presentation this evening. If you have any questions, Director Vunich and I are available to answer them. Thank you, Miss Keefe. Yeah, I do have a couple quick questions. Um, remind me um and maybe the the board. Was the cabana installed? I mean a permit was required correct to install or establish the commandum. Is that right?

Yes, Mr. Sprunger. As was mentioned in October at the board's meeting, a structure in the city of Wildwood is defined as any assemblage of material for use or occupancy. It's a very broad definition. The companana, the cabana meets that definition. So, it's a two-step process. The property owner, the contractor, whatever the situation might be, needs to submit a set of plans to the city. We do the authorization process. Then, St. Louis County does the review of the building or structure relative to the codes, issues the permit, conducts the inspections, and then the city finalizes it by issuing the permit.

Okay. Okay. So, thank you for that. Um, certainly. So, they didn't thanks for being here. Okay. So, so the permit actually wasn't acquired before the cabana was built. No. And I believe the petitioners will explain the circumstances, but again, the situation to us is more black and white. We have a structure. We don't have an authorization or permit, so that's why it's here.

Um, was do we know was the cabana u installed at the same time as the pool or did that come later? I would defer to the petitioner when they do their presentation. Okay. So during that, this is I think my next question. Um during the [snorts] time when the cabana was being conceived and was then installed, did the city at ever time at any time ever provide any correspondence to the petitioner indicating that it was okay to either install or construct a cabana?

Not to my knowledge. Obviously, our job is to ensure that the the requirements of the zoning ordinance are met, which range from getting the authorization to building permits to completing the project according to plans. So, obviously, if they called and talked to someone and they said they didn't need a permit, I don't know that, but they do. And regardless, we're going to pursue that till its conclusion, whatever that conclusion might be. Okay. I just was curious whether the petitioner was given the impression that it was okay to to build the cabana and you're not aware of any correspondence even like an email or anything like that.

The correspondence that the department at least the director of the department me has had been since the board of adjustment began its process back in September for the October meeting and then obviously through the beginning of November for tonight's meeting. Thank you. Certainly, Mr. Chair, I'm going to close the doors. We have a homeowners association meeting in the other room and I think some of the conversations tailing in. So, thank you. Thank you. Any other questions for the department? Go ahead, Mr. Lee.

Yeah. So, one of my questions last month was on the drainage. Did the staff determine that the drainage was okay? I know you mentioned it in your initial thought, but um as far as the hard surface versus the um pvious surface, Miss Keef and I went and visited the property, met with the petitioners. We toured the backyard. There were a couple things that stood out. Principally, obviously, the ground cover is well established. The turf lawns in excellent condition. There was gravel at the edge of or I would call the eastern edge of the subject lot that was put there in lie of a let's say a turf surface to do better absorption. There were no indication of erosion or erosion scars downstream and in a roundabout way what we're finding is inground swimming pools acts act as detention basins. when it rains, they take in a lot of water because it's a water surface. So, didn't see anything that would be indicative of a problem. Now, it's been a dry summer, early fall, now late fall, but again, there just didn't seem to be anything that would indicate that there was an issue that had arisen. And during the site visit, the petitioners noted the neighbor downstream has said the situation has improved. I'm sure the petitioner also mentioned that under oath. Thank you. You're welcome. Any other questions at a time? All right. At this time, will the petitioner please come forward, state his or her name, address, relationship to the property, and then we'll get you sworn in by the court reporter.

Thank you. Uh Carrie Edwards, 2311 Dartmouth Ben Drive. I'm the owner of the home. Get you sworn in here. Okay, 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? We either can't hear you or you're muted. Give us a moment here and we'll I can read her. I'm not muted. Can you hear me?

Can you hear me? My apologies. We seem to have a gremlin our audio visual here at city hall. We had problems last night in the other room and they seem to have followed us over here. My apologies. Please say something again. I'm talking. I'm not muted. Yeah, it was on our end. I was testing to see if we have the right speaker selected and we're good to go now. Okay. All right. Here we go. Hold on.

Okay. Please raise your right hand. 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? Yes. Thank you. All right. Mr. Edwards, if you could explain the nature of the request and the hardship or practical difficulty necessitating the variance as it relates to the character of the property only. Um, as a reminder, you have 15 minutes to present inclusive of the board's questions unless the chair allows additional time. Floor is yours, Mr. Edwards. Uh, thank you for allowing us to be here today. Um, we'll try and be very brief.

Thank you for director Vunich and uh, Planner Keith for coming to our home. It was very very important for everyone to understand you know not only the improvements that we made to the home but all the what I'm calling misinformation that has been gathered through this process. We have been me and my family in Wildwood for 22 years. We have two daughters that graduated from Rockwood School District. Um graduate graduated from the Missouri uh of St. Lewis uh University doing very well. And I don't say that to impress you, but to impress upon you the importance of us as a family being in the community for 22 years. A lot of families have come and gone. Not very many have been there uh as long as we have. Many of the people who laid or suggested or have lodged complaints about um our home improvements have not been there very long or have I think an ulterior motive to why and what this means to us and the community for 22 years. We we raised our children and when they grew up and they graduated, we spent $500,000 on our home in Wildwood, $200,000 inside our home, $275,000 outside of our home. All of the necessary permits were met and maintained through all of this um all of these requests. And particularly I think the thing that bothers us the most or is concerning us the most is not the fact that um a community should have something to say or suggest or require

us to follow the rules. This is simply not um a an issue of whether we did or did not follow the rules because we have all of the permits necessary for all of these conversations. Particularly to the pergola, we've owned that pergola for 3 years. This isn't something we just purchased. It was under our debt. So when we acquired all the necessary permits for the pool, we built the pool. Our our uh plot plans and our approvals clearly state 7 ft easement. We put our pergola back in the corner 7 ft from our back fence. And that's that's a fact. So the suggestion that we built a permit or sorry we built the pergola and did not follow permits is absolutely inaccurate. We didn't acquire it put it in without approval. We had pergola under our deck for three years. So if you look at our our our entire the entirety of the of the construction process, it's intrusive. It's a pool. It takes a year, a year and a half. We did everything possible to ensure that not only our community was well taken care of, but every single step of the way, we have everything in order in terms of our paperwork and the things that we actually executed upon. I'm I'm I'm sitting here today really, you know, we're tired the the comments online. We have all the comments online. There's a few bad actors on on this in this process. There's potentially some legal action that's going to take place after this.

We own a business. We do not want any of this activity or this uh action with the city of Wildwood. We get along famously with the city. We've never We don't complain about things. Our neighbor to the right who looks right into our pergola signed a letter and sent it in, thinks it's beautiful. Our HOA approved it. Anybody who opposes this, there's ulterior motives. And all I ask is that you review those motives logically, responsibly, and as a a 22-year member of this community, we are very disappointed in all of this. We really are for a pergola half a million dollar investment that brings all of our communities up. Wow. I I say this with with a lot of humility. We believe in Wildwood. We basically spent a half a million dollars for to retire in our home. Our daughter is about to give birth, our first grandchild. These are things that are important to us. And when I sit and I look at all of the things that I read about Wildwood, family, community, all the things that are important, all the the the obstruction of this is is counter to all of that. So all I ask is if we've done something wrong, please prove it. I I haven't seen it. We really believe in doing the right thing. complaining about trucks going up and down the street. Come on. We've had FBI agents, you know, knock down doors across our street. One of those people complained. The biggest complainer can't keep their grass watered or invest in

their properties. We don't complain. That's none of our business. We care about our location, our yard. The people that were most appropriately, you know, should be concerned have approved this. The HOA who say that they're more strict than the city. Beautiful property. That's what we got back. This is approved. our direct neighbor to the right who looks out his window into our pergola loves it. So all I ask is everybody really take a deep breath. This has been super disappointing for everybody and I am sitting here disappointed that I'm taking all of your time to talk about [clears throat] this. There's more important things to do than to complain about a pergola. So, I'm here to ask for your favorable response. You saw our property. It's beautiful. $25,000 in trees. I I don't even know what else to say. The real the real issue here is, am I doing something that betters the community, the value of our homes? The answer is yes. Thank you for your time. We really appreciate it.

Any questions for Mr. Edwards? [clears throat] Well, I I guess I do have a question since uh since my earlier question needed to be redirected to you. So, um there's a a couple things that are confusing to me. Yeah, Mr. Edwards. Um, you mentioned that you obtained all of the necessary permits. Yes. For all of the improvements. Yes.

But yet what I'm hearing from the city is that that that's not the case. So I'm a little confused or conflicted by that by that statement. Can you can you help me with that? I mean, was the cabana or pergola, whichever you want to call it, did you get a a permit for that to construct the the cabana?

We did not require one. It was not required. It's it's under 100 square ft. It was 30 ft from our back fence for 3 years. When we got our our actual permits, they clearly state a 7ft variance from the back fence. So, where did the variance come from? The city required it requested us to be here. So, okay. So, you're talking about right now. We Okay. So, you didn't get any kind of approval prior to what we're hearing tonight in in terms of what?

Well, you mentioned that you had all the necessary permits. Yes. Okay. But apparently not because the city's telling us that you didn't have a permit for the Cabana. And that's what I'm trying to understand is I'm just trying to I'm just trying to get my head wrapped around. You're saying that you got all the permits. The city is saying that that actually you didn't. And so now you're asking for a variance. And that's I just want to make sure that we're clear here on what's happening. Yeah.

Okay. We we we are not asking for a variance. We were asked to be here to we we were asked to to come here and request a variance. So here's the clarity in our mind. Our pergola is under 100 square feet which means we don't have to it's not it wasn't constructed. It's a it's pergola under 100 square feet which does not require a zoning permit if it's 30 feet from the back fence. But it's for years. Oh was it was the cabana uh the pergola I'm sorry. Was the pergola actually up and constructed for three years. for three years. Yes. Okay. And it was under your deck. Yes.

Okay. To waterproof under for our hot tub. Okay. Okay. So then we requested the pool deck and fence permits which were all approved. On our approved documents, it clearly stated a 7 foot from our back fence, which we didn't require any permits for that. So, we just simply moved our pergola to the back corner. Okay. So, to move your pergola to the back corner. Okay. I think I'm

Forgive me because you know your history way better than anybody else. We're all catching up with you. Okay. Sure. So, the cabana was was constructed. It was under your deck. You put the pool in and then you're saying, "Okay, I want to move the cabana to the back of the pool area." And that was on your plans that you submitted to the city, to the county.

Yeah, we talked to uh Mr. Vogle, who's since been retired. We had a 7 foot um you know restriction and we made it perfect. It's 7 feet from the back fence and it's on the plants on the approved plant. They don't it doesn't say 30 ft. It says seven. So Mr. Bogle provided the outline for us and we said we're going to build this deck out the back side of our pool and we're going to put our pergola in the back corner. There was no requirement for a zoning permit. It was we we were we were complying with under 100 square feet.

Well, technically it's a 10 by 10. I'm sorry. I don't mean to interrupt. No, it's all right. A 10 by 10 is exactly 100 square feet. So, it's not under 100. I mean, it's exactly at 100, but Okay. So, are you is your testimony that um Mr. Vogle from the city reviewed your plans that indicated that you were going to move your Cabana from underneath the deck to its current location. That he reviewed that and approved it. Is that what you're saying? Yes. And it's it's clearly stated in the in the documentation. There's no there's no [snorts]

identifiable 30foot review. There was no information that requested us or suggested that we require a zoning permit. And and when it got brought to our attention, we did it the same day. We said, "Okay, you know, we don't have any of this information." And we immediately came to the planning division and they said, "We see how this would be misinterpreted because it was not on any documentation." So the city basically said, "We know how you got here, but here are the differences in what you see in your approved plans and what we see in our rules, which is 30 ft." We actually had the city out and they basically were not aware of the 30foot rule when they were in our home and in our backyard. They thought it was 5T and then thought it was 10 ft and then they had to come back to the city and go back out to our home the next day and say no it's 30 feet. It was a very very challenging conversation because there was just there was so much going on and this all this all really became a problem from one complaint from a a neighbor behind us who's lived in our community for under two years suggesting that we might put something on our property that we didn't. It was very ridiculous actually to be candid.

Okay. Well, I I know that there's a lot of emotion uh related to this whole situation. We're just trying to get to facts and understand exactly what happened. And so, you met with Mr. Vogel from the city. Mr. Vogle indicated to you in writing or did he approve it? It's in our plans. Well, I know it's in your plans, but plans have to be approved, right? We have approved plans [clears throat] with a 7 foot variance from the back fence showing that you were going to put a 10 by10 cabana back there.

No, showing that we can put anything back there as long as it was within the 7 foot range. That that's what the plan showed. It's it's very clear if you look at it. We had our attorneys look at we had everyone look at it. They said there's this is an easy conversation to have. All of the things that were basically approved by the city were complied with this 30 ft was not not on any documentation that we received. There's this misinformation that our pergola it was constructed and put up there without any guidance. It's been there for 3 years. We simply pushed it to the back corner of our home. How long has it been in the back corner of of your When did you put it in the back area?

Six, seven months. Seven, eight months, something like that. since the Okay. So, that's fairly recent. Yeah. Yeah. Okay. So, that that part's very Okay. Can I ask you a clarification question that might help on some you're I think you're pushing at. So, you've mentioned the plan that was approved and you said it shows the approval for a 7 foot variance. Does it also show the construction of a 10x10 structure within that variance or does it just address the variance itself? It just addresses the 7 foot variance. There is no requirement for 100 square feet to require a permit to do it

and we'll clarify that with the city and let them get their position. We hear what you're saying. Yeah. And we'll we'll get the city's position on that later. So, sure. I guess I just want to make sure that the what you're saying is that the plan itself did not identify a structure within that. It just shows approval for the dimensions. Is that what I'm hearing? Yeah, it shows the pool, the deck, and the fence. And it shows a 7 foot uh variance from the back fence. But there's no way to make a distinction between that's a cabana and that's just a concrete pad.

Correct. And when we when we reviewed the rules, the re the rules do not stipulate or request us to require or or ask for a a permit because it's 100 square feet. There was no need to ask for that permission. Well, I I I do find it rather interesting because anytime there's a variance to zoning ordinances, that has to be approved by this committee, this board. I've been on the board for quite a few years now and I don't recall ever seeing a variance request that you're talking about. Now, my memory may not be perfect, but I think I think I would remember that. I Are you sure that you had a variance approval?

Because that has to come before a board if Unless I'm missing something here. We didn't need one. You didn't need a variance. No, it was under our deck. It was It was 40 feet from the back fence. No, no, no, no, no, no. We're talking about your current location that's now seven feet from the back property line, right? Instead of 30 or 40 or whatever, right? 30 is the the minimum, right? So, I thought I heard you say that you had a a plan that showed the variance and it was approved, but a variance, not a variance,

right? Yeah. I don't believe that's a Okay. Okay. My my my So you're saying Okay, I'm sorry. Just

whoever reviewed your plan from the city, I've got to believe and I this is going to be a question maybe back for the the department, but I think the the city is very aware of what the setbacks are for properties. Um, it seems interesting to me, and maybe it happened. I'm not saying it didn't, but it's interesting to me that a city um official would say the plan is okay when clearly being 7 ft away from a rear yards boundary line would be approved. It just seems very interesting to me. And I would like the city maybe to address that because if if in fact the city did say the plan looks good 7 foot setback is fine with us. I I think that's an important fact that we need to know. So I am going to ask the city or maybe I have to hold that question till till we're done having our dialogue. Um but I I I I am going to want to know the answer to that particular question. I think I think that the clarity is this. We we had our pergola for 3 years. We acquired all the necessary permits for our pool, our fence, and our deck. The documents clearly state a 7 foot from our back fence.

For what? For anything. For anything. Under or or at 100 ft. to your point, it's not under it's 100 feet. We moved it to the back corner. It was just that simple. We reviewed the online information. There's no requirement or request for 100 ft and our plans clearly stated that anything inside of seven feet were fine.

It was just that simple. and and I would like for somebody to show me that there was something different because I've got all the documents to prove that. Mr. Vogle was a very nice man and he was not only thoughtful, he was the kind of guy that said anything that we're doing to improve our community is good with me. He was a he was a guy that believed in what we do, which is improve our homes and improve our communities. I am I am saddened that we're standing here today talking about a burglar. So So what happens if this doesn't get approved? It's a $15,000 investment in what? Making the making our community look nicer when the people who are more directly reflective of it, the HOA came by and approved it. Our neighbor next door who stares into it approved it. I'd like to know what would be the criteria for us not approving this. Can somebody prove to me that I I purposely built this thing and didn't follow the city's ordinance? That cannot be done because it never happened. Can anybody in my community look at our backyard and say that this is an eyesore or or a detriment to our community? Absolutely not. for anybody to go out of their way to prevent this pergola. Wow. So I ask you and Joe's been phenomenal as Robin has, as the entire city of Wildwood has. They came to our home. [snorts] Do you know the amount of work and effort we put in to corral the water flowing through to our neighbors yards? We've been there for 22 years. The people complaining about us had been there two minutes. Water flowed through our backyard into

our two neighboring yards and flooded it for 22 years. We put a sock down the down the the the fence line. We built an entire side of our our our backyard to [clears throat] basically prevent all the water from flowing through, which has been successful. And Joe was out and he said, "Absolutely. I I don't I don't get it." So, if somebody can be very particular as to the reasons why this would be denied, I would love to hear it and I will embrace it and I will agree to it. But I have not heard any of that. Yeah. I think part of what's a little bit of a mystery to us, I know, Mr. Edwards um that your neighbor to the east I guess it is um is supportive of of your variance.

That's where it is. It's on the east. Yeah. But it's it's visible from many homes in that little area cuz the lots really are not huge. They're Have you seen it? I have. So you've you've you've gone to our backyard and seen it?

No. No. I I I I just walked the sidewalk around. Okay. Just to see just to kind of understand what are we talking about here cuz like you say it's a a pergola or a good you know what's what's the deal here. So from the sidewalk I could you know it's visible you can see it. So, I guess what's somewhat puzzling to maybe the board a bit is why are the other neighbors who are right around you as well, why are they so much in opposition? And so, I I know you spoke earlier about, you know, there may be ulterior motives. I don't want to get into all of that kind of stuff, but you have quite a bit of resistance, you know, to to the cabana. And I think I think part of what we have to wrap our heads around and and come to to grips with is the the zoning ordinances are there for many reasons. One of which is for the protection I guess of the other citizens. And so, you know, when when neighbors buy their properties, they're assuming that they're going to have support of the city or governing authorities to determine or dictate what can and can't happen to preserve the integrity of or the feel of of the community. Okay. And so, I think

Give me just just a moment. I think director be we need to take a look at the time here. Yes, we've well gone well beyond the 15 minutes that is established. So Mr. Chair, if you'd like to continue this, you'll need to extend the time.

Yeah. Um let's go to let's put do five more minutes um because I think it's important for Mr. Sprunger to finish his thought and then Mr. Edwards I am going to kind of take a step back and ask just a general question. Go ahead Mr. Strunger. So anyway, what I was trying to get to is, you know, you asked the question, well, what's what's the big deal kind of? Well, I think that's what partially the big deal is is how other neighbors may feel like they're affected. Okay. And the zoning ordinances are there at least to some degree to help protect those neighbors. And so maybe we'll hear from some of those neighbors and they can share their their perspective on this. Um, so the pool was installed before the cabana was moved to the back corner. Correct.

Correct. Yeah. Okay. Okay. I just want to make sure that I had that right. Um, I think that's all I have for now. Thank you, sir. I appreciate it. Thank you.

So, Mr. I am going to take a step back and just ask you know as we this board's task or is tasked with looking at the hardship or the practical difficulty that that's required. So it kind of comes back to why this pergola which you know you answered uh you know primarily answered that you it was you had it already and it was it was doing what it needs to do and and you moved it. Um why that location? Now, you touched upon it a little bit with because you were under the impression that 7 foot. Have you looked at any other it looks like there might not be any other areas, but have you investigated that to say, "Hey, this is the only way this works in my yard cuz then that gets into the hardship if there's no other area." So, tell us a little bit about the process. I know it's a little bit tougher once it's there, but since then, have you taken a look at your yard and just said, "Hey, this this just isn't going to work anywhere else." Yeah, absolutely. And thank you for the question because that's an excellent question. If if you if you refer to uh Joe and Robin, the pergola was put in the back corner to resist water flowing through our yard and moving in all the way through our yard into the other yards. It was an appropriate place to put it. All the trees and all the plantings were [clears throat] absolutely put in place to prevent water flowing through. So yeah, we did. I could be difficult. I can take that pergola and put it in my neighbor right in front of my neighbor's um window 30t from the back fence. Is that what everybody wants? I I could do that. I could follow the rules and make things more challenging for everybody, but but that's not what we want. So,

thank you for the question. It was put in the back corner to control water flow. It's a beautiful place right in the back corner. My neighbor loves it. And if anyone has gone through our backyard, not very many homes can see our pergola. Maybe two. And and when Robin and Joe were out there, I said, "Do you want more trees? We'll put more trees in." We $25,000 of trees. It's beautiful. So, I thank you for the question. That's why we did it because it's an appropriate place to put it and it did a really nice job coring all the water flowing through our backyard. And if anyone knows our neighborhood, that flows through big time. and our our direct neighbors for which one of them complained which I have no idea why we don't even know who they are threequarters of these people complain we don't even know who they are most of them spend all their time at home and don't leave their home so I see why there's this focus on it we work we leave the home but our our the most impactful neighbor loves it and and Joe and Robin both you know reviewed it and that this is pretty good and we're thoughtful. So, thank you.

Anything else you like to add, Mr. Edwards? Any other questions? Uh, I recognize time is running short, so just a quick yes no question. Just to clarify something for me is you mentioned the HOA approval. Did that happen before or was it pre-approved or was it approved after the fact by the HOA? Well, as I mentioned, we've had our our pergola for three years. No, you said it was approved by the HOA, which would mean the current placement. So, was that a plan that was submitted and then you moved it or did you put it in place and then have the HOA to approve it after the fact that

Yeah, we well well when it got brought to our attention that there was a requirement for a zoning permit, we immediately applied to the planning division that day, I think within an hour. And we immediately called the HOA and asked the HOA to come and view the, you know, our backyard. and they immediately said we approve of this. So like we we didn't we didn't slow play it. We basically were put in a spot and said you know what what what's the situation? I'm like we have our pergola. We asked the HOAs for approval. They came by reviewed the fac you know our backyard and said we we we approve. No. Thank you.

Thank you. All right. Thank you. One one and this will be a quick one too. Um, you mentioned that the pergola was under your deck for or some some other place for three years. Yeah. Okay. Was it serving its purpose there? Yeah. Well, we we built out our deck. We we built a a waterproof underneath our deck. So, our entire deck spans the entire backyard and it's all waterproof. Okay. The pergola was meant to prevent water from going in the hot tub. Now, we built it underneath the deck. So the pergola from the end to end is all waterproofed. Sure. Could Could the pergola just be back there?

No. Just you just spent $20,000. No, because it would be expensive or no because it's physically altered or whatever. Both. Okay. We spent $20,000. Slide underneath the deck. You know what? Can I make one more more comment real quick?

If if we we dug into this, we're as you can tell, we're business owners. We we have 60 employees, not new to things that are challenging every day. If we were to dig up everybody's playhouse, pools, okay, we had we had several complaints over we shouldn't have pools in Wildwood. So So I asked Mr. Strunger. When you talk about people who complain, why I we acquired all the comments. I I would I I would love to talk to each one of those if you guys have time. We do not. Um

so and and let me just take this back to if you don't mind, Mr. Edwards, we're just going to take it back to kind of the function of this board. It sounds like there's a plenty for the neighborhood to to figure out on on on their time. Yes. Yes. Unfortunately, that happens. But yes, this the board tonight is interested in in the difficulty and uh and our task is to simply say that this this meets uh you know the the requirements for a variance and that's what you intend to do. So, thank you.

Um Director Vish, anything you want to add before we call any other um members up? Well, certainly I'll try to address the confusion that's been identified by board member Sprunger, but I think in respect to the individuals that have completed a speaker card would like to speak on this matter, I think I would defer it to the end of the discussion. At this time, uh we will open up the uh the floor for any um speakers in the audience that may want to speak in favor or opposition um to this request. As a reminder, each speaker has five minutes to present inclusive of the board's questions unless the chair allows additional time. Miss Mr. Chair, my first speaker.

Miss Ke, I cannot hear. Courtney, can you hear me now? I can hear you now. Okay. Uh, I was just saying uh Mr. Chair, my first speaker's card is Lisa Schmalls with 2315 Dartmouth Ben Drive.

If you could please state your name, address, relationship to this property, and we'll get you sworn in. Small Edwards, 2315 Dartmouth Bend Drive. My property sits just west of the Edwards. Please raise your right hand. 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. Thank you. Please proceed. Moss. Okay.

Already went through this, but um I, as I said, I sit west, so my home has the blue X over it. I am here today not in support of the variance requested. Uh these are some pictures. Perhaps it'll be helpful based on previous conversation, but this is the Edwards house from the back. Um obviously it's been an ongoing construction. I know that hasn't been favorable for them either, but it's been going on for a long time. You can see the pergola under the deck as it sits there. Um my big concern for wanting to address this is there there was no fence uh even temporary fence around the pool even when it was filled with water for multiple months. There's a little bit of delay, so sorry. Figuring that out. In July of 2025, a fence was finally put around the pool, and the fence was over the property line significantly. There are 22 feet between the houses. Mine is on the left here. The Edwards is on the right. The distance from the Edwards house to the end of the fence was 14 1/2 ft. The remaining distance from my house to the end of their fence was 7 1/2 ft. We're not talking about a slight variation, but we're talking about an obvious something is off here situation. They were on their third contractor at this time, and he even agreed with me that the fence just didn't look right. And then you could see the difference in the levels there. I initially texted Sherry. I had asked her three different times to see a survey so I could compare to the survey of my house, the one I had done when I purchased the home in 2014. After continual non-responses from Sherry, I sent a text to both Carrie and Sherry. I felt it would be right to include both of them. Maybe Carrie had the documents that would help us resolve this issue. Unfortunately, I was met with hostility and an overall attitude that this was my problem and not theirs. After an extremely rude responses from Carrie, including, "I have made my attorney aware if we need to go that far. Lisa, we are not messing around with you. Prove your property line." an end of discussion. I still proceeded to try to handle this amicably

when I saw Sherry outside with the contractor. I grabbed my original survey and ran outside hoping to try again. Sherry told me rather rudely she did not want to talk to me. Carrie joined her and there was a verbal altercation in the yard. I was told that if I did not like their fence where it was that I should move and then and that there were planned proof from Wildwood was all that they needed additionally to stay off their yard. I tried calling many departments at Wildwood St. less county even and no one was really able to help me because the Edwards denied the issue when they were approached about it by the city. I was told by Wildwood that they had to have a survey in order to have an approved plan from Wildwood. Additionally, Wildwood would never approve one homeowner's project encroaching into another homeowner's property. By the end of August, I was forced to do my own survey to prove the encro encroachment because my word alone wasn't getting me anywhere. $250 later, it was found that they were encroaching in my yard for 43 ft long, 1.2 2 ft wide in addition to the irrigation system being installed on my yard. I initially asked them verbally if they would reimburse me for the survey I had to do for their project and they said no. I texted them a paid invoice and receipt of findings of the survey and got no response. I also sent a letter via certified mail which they did receive. As we sit here today, they don't seem bothered at all by the fact that they did not follow the process necessary for such a project. They never did obtain a survey and even when I brought this to their attention in a very cordial manner, they met me with blatant disrespect. They haven't just disrespected me, they've disrespected you in this entire process as well. In your attempt to include nearby residents in this process, they did everything they could to keep the neighborhood from having any idea this was going on. The same day as the sign was installed, they removed all the postcards and parked their truck directly in front of the sign. Even though you encourage encourage neighborhood neighbors to participate, they have shown in their actions that they don't want to hear from us, they only want to do what they want and will go so as far to obstruct your processes. The placement of their backyard is smack dab in the middle of the neighborhood. There are at least seven houses who have direct view of this structure and I believe most of the houses in addition to the other

neighbors in the neighborhood have denied this request for the cabana. They are asking you to go against the established rules for our city. The people who call Wywood home do so because we were we're a little off the beaten path. Some people couldn't stand being 15 minutes from a major highway, but we secretly love that about our homes. There's a huge push to preserve the natural beauty of nature here. Pulled straight from Wildwood City website. What makes Wildwood feel like home? Abundant open spaces and preserved nature. Safe neighborhoods and a strong community spirit. Ongoing efforts in conservation and thoughtful development. Imagine if every home in the neighborhood had a structure just like this in their backyard. This is not Wildwood. Approving this variance has many negative implications for our neighborhood, specifically reducing open spaces, increasing visual intrusion, and setting a precedent for similar requests. Lastly, I know this hasn't been discussed yet, but I can assure you it's in the works. They are also wanting to put a con a shed on this other concrete slab, which is on the other side of the yard, which again there hasn't been much conversation of throughout this process. The Edwards have shown a lack of communication and consideration for how their actions affect neighboring properties. This pattern of behavior clearly demonstrates that they do not

I need one more. Thank you so much.

This pattern of behavior clearly demonstrates that they do not follow established procedures or respect required property boundaries. Granting them an exception would only reinforce this disregard for compliance. We need you, the members of the board, to stand behind us and uphold the rules that are already in place for Wildwood. I ask that as you sit here tonight, you walk out of your board member's shoes for a moment. Walk into our shoes. Walk into being completely disrespected all along this nearly two two-year process. A fence being built on your yard only to be told they notified their attorney. Prove your property line and end of discussion. A yard sign meant to notify you of an upcoming meeting blocked and paper notifications removed as an attempt to try and keep you uninformed. Looking out the window every morning and seeing a structure staring you in the face, blocking you from seeing your other neighbors who are your friends. reverberating music back towards your house, which they sometimes have blaring until 2 am on week nights. Is this the life you want in a city you are proud to call home? For these reasons and the ones you see above, I ask that you do not approve the variance requested by the Edwards and uphold the rules and regulations that make Wildwood the beautiful place you choose to call home.

Um, we'll have any questions and then we'll decide on on the additional time. You have any questions for I I don't think I I Can you see their backyard? It's just Let's let let's add five minutes to this and just if you have any additional questions or if there's anything else that we want to How many other speaker cards do we have?

Mr. Chair, I have one more speaker card. um for this particular request we do have some visuals online as well. So I don't have any questions for you. These issues are always tough obviously or for a number of reasons. I I guess what I would ask is

setting aside and I know this is tough for you but setting all the I don't want to call personal stuff but all the stuff that isn't just looking at it saying you know did this per did this you know perlet need to be there and is there an option that makes you know everybody happy is there something moving it where it is is there something that you can see is it creating the hardship, you know, is is it possible? Is there a way for you to kind of see, hey, this does kind of make sense, whether it be drainage, whether it be position, or is it just there is no hardship there in your mind? I don't think there is a hardship there at all. I don't think there's a reason for it.

I think the other thing maybe Chair Frank was getting to or was uh going down the path on is in your mind, could you envision a solution to this? You know, clearly where the Cabana is now is it's way way deep into the rear yard setback. Can you envision a solution?

I mean, it I would say that it did not impact everybody else as much when it was under their deck because even though we could see it, it did not come into everybody else's view in the yards. Um, so I understand they've made other improvements and they don't want it there anymore, but while it has been there for multiple years, I didn't look out my window every morning and see that straight staring me in the face. So from your perspective, primary issue is it's it's a negative visual impact to you.

I think it is and I and I think that it sets a precedent for more people to want to put something up. And then one of the best parts of our neighborhood is kids run and play and they're from different families. Whether they've been here 2 months, 2 years, or 22 years, doesn't matter. They get along together and they play together. And that's a beautiful thing and why we choose to live in a neighborhood. So yeah, I I don't like closing in on those spaces and and making it feel like we don't have any room to do that. That's why we don't live in a city that's on alleys. We live in Wildwood with yards and enjoy them. Thank you.

Thank you. You know, we asked that because we we see a lot of these cases where there's a lot of in room in that backyard that there is no variance needed. They could move it maybe even closer to your property and not even have to come in front of us. And so I just caution everyone that sometimes what's known is is is better than what's what's unknown, which means I don't know the yard. I don't think we have it pulled up, but I I imagine there's a position that could come closer to your house well within a variance. And at that point, you know, they're they're entitled to have it there. Um I'm not I'm not playing part of the department, but that's what we've had in the past is there's other places within that a variance isn't needed that all of a sudden could be worse. I So I just caution as we kind of look at what could be um you know where you know there there may be another spot that that is less even less desirable for you. So I would just encourage everyone to kind of think of that. Um, sometimes we act as as a buffer to what could be worse. Take it for what it's worth. Um,

well, I think in any situation things can always be better or always be worse. But agree, I think we certainly can, you know, stand up and and share our thoughts respectively um and contribute as I know the board welcomes. Yeah, we appreciate that feedback. Absolutely. And and to kind of finalize this, what I'm hearing you say u is that your preference would be that perhaps they just move it back under their deck. Yes. So it's not out back in the yard, right? If they need to have it, then that would that would be where I would recommend it for sure. Okay. Thank you. Thank you. Okay. Thank you.

Do we have other speakers, Miss Keef? chair. Our speaker is Mark Con at 504 Dartmouth Crossing Drive. Good evening. If you could state your name, address uh relationship to this uh variance request and um we'll get you sworn in. Mark Cohen, 504 Dartmouth Crossing, second house in on the subdivision, been there for 25 years. Please raise your right hand. 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.

Good evening. Um, thank you for having me here this evening. Um, as a devoted Wildwood resident of 25 years in the subdivision, I've seen people come and go, and we've been there through the entirety of it. Um, I have to speak frankly that I walked the neighborhood quite often with my dog and I was really perplexed when I walked by the house the first goround in this experience when there was a pickup truck parked in front of the sign. I had to take a double step and come back and find out what was going on. I thought that was a little bit alarming or what are they hiding? Secondly, the neighbor to the right of our structure has been there for less than a year. They don't take care of their house, let alone their yard to know anything about what would look good, bad, or indifferent. So, I have a definite issue with that. Lastly, [snorts] since I do walk the neighborhood, I do see everything that goes on in the neighborhood. This is the biggest eyesore in the neighborhood. It can be seen throughout the entire neighborhood. It is the biggest structure. It stands out. It's definitely inappropriate. And the worst part with Mr. Sprunger talking about the lack of permit in this situation is is appalling. Again, being a resident for so long, we had yard waste containers on the right side of our house coming in the subdivision. We were called out on it. We we we had to construct a fence to to put the trash can behind it so it wouldn't be showing when you came down the street. Wildwood is so wonderful to live, but if you want to remove a tree, you have to have an act of Congress. So, this is really

quite I mean, again, we've been through all of this. Everybody has. Um, I just think this is completely ridiculous that we have a structure like this that was not permitted that we're even thinking about talking about here. Put it back under the deck or lose it. It's up. It's definitely a a very big albatross. Thank you very much. Thank you, Mr. Con. Any questions for Mr. Ver? Thank you. All right. Next speaker, Miss Keefe.

Mr. Chair, there are several individuals online uh at this time. If any of them would like to speak on this matter, please use the raise hand feature. Mr. Chair, I don't see any raised hands. So that that ends our speak on this.

Would any like anybody like to hear an oral um presentation of the department's report? Seeing none, uh no. Director Munich, um any final comments? And I think Mr. Strunger is gonna have a couple questions for you.

Certainly, Mr. Chair. Thank you, Mr. Chair and members of the board. I want to kind of go through the process that has brought us here tonight relative to this particular structure. Since the inception of the city, the city of Wildwood has contracted with St. Louis County, Missouri for plan review services, inspections, and the completion of permits before issuance by the city. As part of that agreement contract, we are obliged to adopt their building codes and related interpretations. And on our website, we do post information from St. Louis County given the fact that their codes are the city of Wildwood's codes. There is a document on our website that speaks to projects, things that don't need a permit. And one of them is structures under 100 square foot or less in size and not on a permanent foundation. As you can see from the slides or photographs that were taken by Miss Keefe, the pergola resides on a concrete foundation, not a foundation of slab, whatever you would like to call it, flat work. So, first and foremost, 100 square ft structure or less in size. St. Louis County doesn't require a permit. We require an authorization. Our grading code says that setback areas can't be disturbed. Construction of improvements in the setback area is disturbance. So we authorize them if they're 100 square ft or less and not on a permanent foundation and then that particular property owner contractor is completed the process. Permanent

foundation completely different because it's flat work and it's a structure. So that's why we're here. Um, and when the cabana pergola was under the deck, it wasn't in a setback and certainly wasn't visible from the street. We don't enter property um because we don't have the authority. That's private property. So, we respond to calls, complaints, and do our best to investigate them that way. code enforcement officers will walk up, knock on the door, no one's home, leave a card and ask for a call. So, saying all of that, I can't speak to what Mr. Vogle convided, spoke, or recommended in this regard. All I can tell you is is that we have a structure on a slab that's in the rear yard and sideyard setback areas, and that's why it's here. So if there's any questions regarding that process, I'll be glad to try to address them.

Uh I guess I'll start just to clarify. So there's I'm hearing two separate issues. There's the size of the structure is greater than 99.99999. So it's a size issue and then it's also the underneath setup being a concrete pad. So it's two distinct issues. Correct.

Again, Mr. Remember our definition of a structure is any assemblage of materials for construction or use regardless if it's 50 square ft, 100 square ft or 5,000 square ft. If it's put together and you for occupancy or use, it's a structure and it has to hear the setbacks. The differentiation again is if it's 100 square feet or less, county won't require a permit if not on a per a foundation. So, but but the key thing here is that it is on a concrete pad. Yes. Yeah. So, it it does require a permit. Yeah.

Well, again, it'll require our authorization and on and now permit process through St. Louis County. Okay. All right. If the variance is granted. So when so the city was made aware of this issue has this when did the city um get notified that there was concern or a problem? It was early this fall and as I say we don't necessarily go looking for violations

and I think it was mentioned that a complaint was submitted to the city and the city responded to the complaint.

Okay. So the city was probably notified. I'm trying to timeline together just to be clear. It probably wasn't very long after the pergola was moved from under the deck to the far corner. I mean, that event happened, I think, uh, Mr. Edwards mentioned, a few months ago, several months ago, and it sounds like a few months ago is when the complaint came in. So, it sounds like from a timing perspective, about the time that the pergola got moved, soon thereafter the complaint came in um from somebody in the neighborhood expressing concern about whether that building could really be there and here we are now in the middle of this

right situation. Right.

So, the first hearing was in on the third Thursday of October. Um, Miss Keef and I require that the application for variances be submitted a minimum of 3 to four weeks prior to the hearing date to meet the preparation and the posting requirements. So, we're now we're in the middle part or the third Thursday of September. So, roughly speaking, the process probably began sometime in early September and we um had the hearing in October. And with the new information, the department did encourage the Edwards to submit because the information available in October was minus three key components.

Yeah. And I think, you know, we've been reminded, I think repeatedly that as a board, we are here to try and discern, you know, is there really a hardship here? Um, first and foremost.

Okay. And I guess it's a little bit hard for me to see that there's a hardship first of all just to even have a cabana. I mean the property and again I walked on the sidewalk so I couldn't see everything but um around around the the house but it's very wellmaintained. It's a beautiful home. You know I I give the the Edwards credit on that. It looks very very nice. Um, but I I I guess the question is, is it really a hardship to enjoy the property, to enjoy your pool? Is it a hardship that you don't have a cabana? You know, it's a little hard for me to think that a you have to have a cabana to enjoy your pool and your property. And secondly, um, even if one could get themselves to believe that it truly is a hardship, does it have to be literally in that particular location? Cuz obviously they had the Cabana there for 3 years. Granted, it was under the deck. Maybe it's not their ideal location. I get that, but it was compliant with um, city ordinances. And so is it really a hardship that they they can't that that they can't have it in the far corner of their property? Again, it's a little tough for me to see that that's truly a hardship, but I guess that's something for each of the board members to to consider.

While you think that through, I think Mr. Lee has questions. Yeah. So, I'm going to back everybody [clears throat] up here a little bit. Certainly. So, the issue at hand is we have a pool that was permitted. There has to be a drawing of that. Correct. That drawing does not show the cabana. My understanding and I could be corrected on this because obviously I don't see all of the thousand permits that we do in a single year. My role is when a variance is needed then I begin my review process along with miss key. So

okay so there was a drawing is this the drawing that is stamped. Okay so thank you for showing that. So that just shows the pool. Where are the setbacks in the very back? There's a setback. There are no side setbacks on here. Right. Well, recall in the report that's been prepared by the department, Miss GE and I, St. Louis County when it adopted the sight specific ordinance for this particular portion of the Dartmouth subdivision didn't set specific setbacks in the ordinance. It didn't say a 20ft front yard, a 6-ft sideyard, and a 15t rear yard. It deferred to the R3 district. Well, the R3 district that St. Louis County has may be applicable to this lot at that time, but it's not any longer. When the city incorporated, right,

we established R3 with different distances and for new structures and buildings, that's what we applied. Right. So, this also indicates that it's a 7 foot easement. So, that's a utility easement.

That's a utility easement. As you know from your background in construction, when a subdivision is platted, almost every lot h well every lot has an easement along its frontage, right? Primarily that's where many of the utilities install their their services. In certain instances, MSD requires easements across the sides and rear to address runoff. That's my guess that this is more of a easement for runoff purposes.

Okay. And then the issue at hand I as I'm hearing it is the definition of the structure that we're dealing with. And that is why they're here. And they haven't presented in my mind a reasonable hardship as to why they did that other than they thought that the setback allowed them to do that. Well, again, confusion over an easement depiction on your plot plan and a setback. It happens quite often. And the reason I say that is most plot plans that are prepared by surveyors, they'll show the front yard setback, the building line, but not all of them will show the side and rear yard setbacks. And I don't know if that's just the standard that they apply as a serving community, [clears throat] but there are there are sideyard setbacks and rear yard set.

It comes from the recorded plat that is on file at the county. So an older plat would not show that based upon the current Wildwood criteria. Exactly. And again, everything is legal relative to the dwelling that was constructed under St. those counties requirements. It's nothing wrong with that. I emphasize we only apply the setbacks to new structures or buildings. Period. Right? So, it's the definition of structure with the foundation under this 100 square foot cabana that is triggering this variance request.

Flat work triggers the building permit at St. Louis County because now it's on a permanent foundation. the structure, regardless of its size, on or off, needs a zoning authorization from the city. We've done that since 1995, right? Because if you don't, you have structures in your setback areas and, as you know, those setback areas are there to convey storm water runoff, right,

for utility purposes. And so, it's in everyone's best interest. We authorize structures and buildings to ensure that for whatever reason they're not creating a problem for people next door, downstream, upstream, whatever the circumstance may be. So to piggy back off that, that being said, going to put you on the spot here, directive units, you the department is recommending approving this. So give us a little

input as to how you you guys came to this. We've talked a great deal about hardship, practical difficulty, unique circumstances that create a hardship relating to the physical characteristics of the lot. Okay. We also in our reports talk about impacts. That's the other component. That's the second leg of the stool, so to speak. And in this particular instance, visual impacts notwithstanding what the what the speakers have said, we looked at the issue of storm water runoff, which was the major impact that we thought we would discover when we did the site visit. As far as the department was concerned, my visual inspection indicated that a lot of steps have been put in place to manage storm water and manage it effectively. So that impact was removed. At the end of the day, we give you a recommendation based upon what we believe is appropriate approach, based upon the criteria that the courts have set and impacts success. Your job is to make sure that we do it right. Thank you for that. If the um Cabana were sitting on uh Yeah. concrete [snorts] peers or whatever.

Doesn't matter. Doesn't matter. It It could be on the grass, the turf. It's still a structure. It's still a structure. So, it's still subject to the setbacks. Exactly. Okay. So, whether or not it's on concrete doesn't matter. It's just the building permit. The second component of the process, if it's on not on a foundation and it's 100 square feet or less, no building permit, it doesn't relinquish the requirement the city has for setbacks. Okay. So, you could build the building as long as you were in in in out of a setback outside of a setback. You wouldn't need a permit. Yeah. Okay. Yeah. Right.

We do our best to protect the setbacks for a lot of reasons. Sure. Got it. Got it. So, Director Bunich, the question in my mind is we're in a difficult situation here because we're asking for forgiveness, not for permission, right? It's already there. So, the the question in my mind is if they had come to you before it was constructed and said we want to put it here,

what is the hardship that would justify that over putting it closer to the house, in the middle of the yard, outside the setback? I hear us saying that there's water runoff issues that were improved because of where it was placed, but I'm not seeing a hardship that wasn't remedied because that was already having runoff and other things like that. So, I'm I'm just trying to make sure the ends justify the means here. And I appreciate the recommendation and everything else. I'm just trying to put myself in the shoes of what is the hardship here and I guess what's your position on that? Well, I think the first point in the findings of fact is is that typically variances are only granted under the undue un undue hardship relating to the physical characteristics of the property. And I say in this instance, variances would be granted or justified if the primary use can be established on the property, which is the home. Everything after that, it's it's more of a gray area. And in some instances, we know we deal with difficult topography, flood planes, sink holes, things along those lines that justify, but we also look at impacts. If we're not creating impacts that extend beyond the property or negl negligable enough that we consider them not impactful, then we often take an approach that's been described here. Is it good for the community? is been reviewed by the HOA and the trustees associated with the HOA. And then the key component that sometimes sways decision is what the neighbors say. It's not something we take into account as the department, but certainly you can't be immune to that.

Yeah. I think one thing that I observed as I again walked on the sidewalk is I was a little bit struck by how is almost like um the Cabana pool, you know, that that property is in the middle of a lot of other properties. Okay. And so as I looked at it, I said, "Wow, that um I wouldn't say the Cabana is a beautiful structure. I wouldn't say it's an ugly structure. I would just say it's a structure. It's it's just a thing. It's certainly different there. I I didn't see anywhere else in the community anything that was like it. And so it I would say it seemed like it while it's maybe not I guess whether it's an an eyesore or not is in the eye of the beholder I suppose but it would certainly be different. It would it would be somewhat uncharacteristic. of what the other properties around it are like. Now, does that matter? I don't know. If you're trying to keep some consistency in the neighborhood, then I think it matters. If it if one isn't so concerned about that, well, then then I guess it it doesn't matter. But, you know, I think that's part of what makes it hard for me to look at the hardship and say they can enjoy their home. They can enjoy their pool. They can enjoy their backyard, which is, as for what I could see was beautiful. You know, they can do all of those things. Do they really have to have a cabana at that location? You know, it it's it's a little bit tough for me to see that. Again, the recommendation of the department favored what are the impacts versus the hardship relating to the physical characteristics of the property.

Sure.

And I accept responsibility for that. The department's role here is not to meet out punishment. If we did that for everybody that didn't get a permit, the board would have 50 cases every month and we'd probably have 600 of them per year because a lot of people don't understand the permitting process or they understand it and just don't want to do it. So what we're what we do is regardless of the circumstances that brings the question to us, we're going to look at it and try to obtain compliance first and foremost. And if we get compliance, we feel like we've done our job and we appreciate the cooperation of the property owners. Sure.

Thank you. You're welcome, sir. Any other questions for the department? Thank you.

Thank you, Director Venich. This time we will close the proceeding for a vote. Can I have a motion to approve, a motion to deny, or a motion to approve with conditions? I'll make a motion.

Go ahead, M. Lee. Most of the denial comments were with requests for additional landscaping. I would like to open up that discussion again if it's possible. um and see if that's something that the owner would be willing to accept. So, we'd have to let's kind of go backwards a little bit. Let's take a step back then and um do I need a roll call to open the proceeding?

Yeah, she had closed the hearing. So, I would respectfully request just a motion and a second to open the hearing again. That can be done by a voice vote. Can I have a motion to uh reopen um for additional testimony the uh proceeding? I'll make a motion to reopen. We have a second. I think before I would maybe second that, Mr. Lee, if you wouldn't mind um articulating what it is that you're M just Mer then sounds like you have a question. So if you have to second it, let's let's open it back up. this as a board until we until we re I'll second it. Okay, second.

Thank you, Mr. Sprunger. Uh, Mr. Morris, how do you vote? Approve. Mr. Lux, Mr. Sprunger, approve. Mr. Lee, and I approve as well. So, we'll reopen. Um, and now by all means have

So, I'll answer your question. So, most of the suggestions say um to improve additional landscaping um The next one's additional landscaping and and go forth, you know, with the general comments. I mean, it's from a view access. Um, so I wanted to see if that can be done to improve the visibility from the neighbors with some additional planting. Um the actual improvements as staff has suggested improve the drainage. It's wellkept. Um I just want to see what can be done with that because otherwise we are taking this down and they're still going to have to do some kind of landscaping back there. So I just like to see what can be accomplished. Um

is that a question Edwards? Yes, absolutely. Mr. Roberts, would you like to come up and let's um five minutes appropriate just to kind of finish this? Yeah.

Yes. Thank you, Mr. Lee. Um we clearly prepared to add more trees. Um again, we spared no expense uh putting trees all around the perimeter. Um, you know, if you think about that, and I appreciate the opportunity to consider that, you know, our neighbor to the left, their entire backyard is taken up by trees that flow into our yard and into our pool that we have to clean up every day. They don't have to clean that up. We, you know, look at that as, you know, it's wildwood. We appreciate that. So, you know, for Mr. Lee to suggest that is is is a is a good option. We have trees. If you look at our back neighbor, they completely block our pergola. They can't even see it. The people on the corner can't see it either. So, you know, if we put trees on either side, that can be done in 30 days easily to to

Do you have lessen it? the images that you could have put on the screen here. Apologies. Just a minute. Is this the view here, Mr. Lee?

Yes. Let's So, if you look at the back, um, it is completely blocked. You know, you're looking at that house. They can't even see that parking lot unless they're up, you know, in in at the top of their home. Everyone on this side can't see it. um our neighbor who's approved it is the only one who can clearly see it. So I I am I am fully prepared to put trees up covering the entirety of that pergola on each side with no issues. So, as you can clearly see, the very few homes can actually see the pergola

and and and another note um that we talked to Joe about when he was Go back. What? I'm sorry, Miss Kee. Go back. Do you mind going back one? There you go. Nope. Forward now. So, if you look at the right hand side, that was all built to control the water. All those rocks. There's a big uh uh boot that's, you know, a sock that's all the way down the fence line to control all the water runoff. It's very easy to put trees in there to cover that entire side, the back, and the other side. Um that can be done with with relative ease. Can you go forward one slide?

Oh, the back corner is open. That could be landscaped as well. Yeah, no problem. We left that for water flow. So when you talk about water flow in our backyard, everything flows through to those two backyards and that's been flooded for 22 years all the way through there. So we plant we we tried to put trees in there and our landscaper suggested to not do that to maintain uh not only the water flow but the absorption of that water down that wall sockets. But I don't I don't see a problem with putting trees in there. That's that's easy.

Cyprus or any type of plant that absorbs a tremendous amount of water would assist in that. Mr. Chair, with your permission, Mr. Lee, do you want screening or do you want something that will contribute to storm water management or both? I think we could do both. Thank you.

What would that look like? A rock garden with tall plants and low plants that are going to absorb the water. Yeah, I'm trying to my [clears throat] head wrapped around that too because as I walked along I'm not the houses you can see the pergola. I mean you can see it from the sidewalk. So I I don't know you know because it goes right up obviously to the pool deck. You you're you're not going to be able to completely hide it.

No, I was more interested in landscaping from the back side, not necessarily the front. and sides. If I might add, if Robin, can you give a shot from the other side? Yeah, we'll we'll add two minutes and then we'll we'll conclude. I I think this could go on for far too long.

Thank you, Mr. Frank. Um, okay. Back one there. So, where those two day beds are, I could move the pergola there without having to get any permits. I I could I could block my neighbor's view outside their window and be perfectly in my right. That's what I would be doing if we are denied that pergolin back in the corner. I can be 30 ft out and I can be away from that fence and be fully in in comp compliance with the city, which I'm prepared to do if that's what the decision is. So that pergola can go right where those day beds are facing that pool in that direction. We've done a lot of research on this and I'm prepared to move it there. I can assure you there will be many more complaints than this session here. What about 30 seconds left? Mr. I I cannot hear that microphone a little bit down. Mr. Okay. Thank you, Mr. Edvers.

Thank you. We do have the proceedings still open. Um, is there any other questions, comments? Anybody else? Well, any feedback from the city in connection with the landscaping that we just talked or I guess stream of consciousness director.

Well, unfortunately the last bit of testimony indicated that there is an alternative location and under the rules the board operates under if there is an alternative location the board should consider that versus a variance. So unfortunately additional discussion has identified that in terms of landscaping Mr. Lux obviously it's well landscaped now I think the most impacted property owners are those that are join and any landscaping that would be a condition of approval. We would hope that between Miss Keefe and myself and our landscape architect we could figure out something that would work.

Thank you. Oh, it's on the alternative location. Miss Keith, could could you put the plot plan back up if you don't mind? I mean, when Mr. Edwards is talking about an alternative, are you talking about You could put it right in here. No. Wait. Right in here.

Uh, director, if it is placed there, it would be on a concrete pad and it's still 100 feet. So, what approvals, if any, would be actually required even though it's outside the setbacks. We just do a zoning authorization for the structure and it appears it can be moved quite easily from the deck to the current location now to the uh what I would call the left side of the pool. So, we would authorize it. I don't know if it would need a building permit. I'd have to do a little research. Thank you. And this is currently concrete here. So, you could physically take it from here and just put it in right there.

I'm sorry. So, you'd be fine with doing that. Just Just Mr. Edwards, if we'll have you come up to the podium, but I think that's I I think we answer. Um I didn't get it. It's not on the record.

Okay. Come on up, Mr. Edwards, and just restate that briefly if you don't mind. Um, I have no issues making that movement of the pergola within the requirements of the city and discussing that with Smith Keith Wismith Keith um when when the time comes. That would be a perfectly acceptable solution to you.

It would we would prefer Mr. Lee's request to [clears throat] put trees up, but I can assure you moving that over there will cause more problems in the neighborhood than where it is right now. It's back in the corner where nobody can see it. You're asking to for it to be right in everybody's view. It's going to be a big deal, but I'm willing to do it. I I know we've already reviewed this with the city. I won't need much to do that and I'm willing to do it. Okay. Thank you, sir.

I do feel uh because we have members in the audience and online, I mean, the proceedings are reopened. Um although the board obviously has to make a decision outside, you know, public comment, but it is a a variable. Is does anyone want to speak in favor or opposition to that proposed location simply from a a gauging of of acceptance? If anyone online would like to speak, please use the raise hand feature. Uh Robin, I think you had a raised hand in the back of the room. M.

Mr. Chair, the speaker is still under oath from her original. Okay. Thank you. Please proceed. I'm certainly in opposition of that. That's directly outside of my windows. Um, and likely what Mr. Edwards was referencing in that, but tech under the deck is one thing because it's almost assumes part of the house. But when you can see that structure in the backyard clearly viewed in the open, to me that's what I don't like. And it does feel different than the character in the neighborhood, which is why I'm in opposition. Yeah. The difference that kind of goes back to to to my comment that the difference is he's well within there's, you know, the board at that point is is is out of the equation and you know, he can it could be there without and I understand. Yeah. So and if that's going to do and that

y could be part of recapation, that's okay. Life goes on. there are other things to worry about. I'm just sharing my thoughts. Absolutely. Um, you asked. Absolutely. And we do and we and we and we do, you know, I hope everyone understands that this is not a position that's uh by any, you know, any um stretch of the imagination easy. But, you know, as we kind of lay all this out and decide where the hardship is, what the options are, it is an alternate location um that meets all the guidelines. And so, we're just kind of taking everybody's. So, thank you. I think that um you know certainly when you read

concerns by the citizens the neighbors and there are a lot of them you know they're appealing to the board to the city to um look out for their best interests and

they interpret that I think as being compliant. Well, compliant with the zoning ordinances. Um, and interestingly enough, we actually have a way to do that. I mean, Mr. Edwards sounds like, is very willing to do that. So, if we went down that path, we we're not dealing with the variance anymore. We now have a solution that is acceptable to the city, acceptable to Mr. Edwards and arguably would be acceptable to the neighbors because they are in compliance. Mhm.

So logic would almost indicate that that path even though as you pointed out chair Frank that one neighbor to the left is going to maybe see a little bit more of that pergola than they would really like to. It actually addresses many of the concerns that were raised.

Yep. you're going to have just a moment to uh make that decision. So, all right. Any other comments, questions? Okay. That being said, we will close the proceeding uh for a vote. May I have a vote, a motion to approve, a motion to deny, or a motion to approve with conditions? I'll make a motion to deny. We have Mr. Lux with a motion to deny. Do we have a second? A motion to deny the current variant request. [clears throat] And I'm going to second that motion.

Okay, Mr. Stronger, thank you for the uh second. Mr. Morris, how do you vote? Approve. Mr. Lux, approve. Mr. Sprunger, when we say approve, we're approving the denial, right? Approving the denial. Yes. Approve. So, just a moment. M. Mr. Sprunger, approve. Mr. approve. Then I approve as well. The variance is uh denied.

Mr. Chair, the second item on tonight's agenda is BA32-25 Brandon and Jamie Miner 1660 Shepard Road, Wildwood, Missouri 6338, Care of Dan Kerry, Lakeside Renovation and Design 139 Chesterfield Industrial Boulevard, Chesterfield, Missouri 630005. request an exception to the minimum yard requirements general for the purpose of constructing a new attached one-story garage 306 square feet in area adjoining to the existing twocar garage upon the property located at 166 Shepard Road locator number 21V2200042 which would thereby authorize a sideyard setback distance of 16.5 ft and of the required 30t standard. 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 3. And again before Miss Kee begins her 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 has been developed and maintained by the Department of Planning regarding this particular request and all contents contained therein, including the department's report with recommendation. And then finally, any testimony or evidence that is provided as part of tonight's hearing on this matter. Thank you, Mr. Chair.

Thank you, Director M.

All right, Mr. Chair, members of the board, our next case this evening uh does concern uh the construction of a new attached one-story garage adjoining uh an existing twostory garage. The subject site of the request is a legal non-conforming 1.54 acre lot. Uh reason it's non-conforming it is it's less than 3 acres in the non- urban residence district. It is located in northeastern Wildwood along Shepard Road, which is a city-maintained roadway that connects Highway 109 in the west uh to Strucker Road uh in the east. The subject lot is occupied by a single family dwelling that was built in 1983. Uh it is uh 2,110 square ft of total living area and has an attached twocar garage, a wood deck, and a couple porches associated with it. Uh again, the property is zoned non- urban residence district uh which carries with it a 50-foot front yard setback and a 30foot sideyard and rear yard setback, which is relevant in this case. The subject lot is triangular in shape. It has 436 ft of frontage on Shepard Road. The topography of the the topography of the property is sloped uh with an overall relief of 50 ft. It is heavily wooded with lawn area right around the dwelling. The petitioner uh would like to add an additional singlestory uh garage uh to the existing two or sorry existing

uh single car garage to the existing twocar garage. Um the singlecar garage will be 12 ft wide and will require a 16.5 ft sideyard setback distance in lie of 30 ft. Uh the most affected neighbor has submitted a letter supporting the uh the application. And it should be noted as you can see here uh in red we have the 30foot setback line. And you can see that the dwelling and the existing garage um are also encroaching uh into that setback area. Again uh it was built uh under St. Louis County's [clears throat] uh regulations um being uh given the structure was built in 1983, I believe I said. Uh so in this case, we're building something new and therefore it must meet the city of Wildwoods uh setback distance regulations. Uh this is looking southeast at the front of the dwelling. This is looking southwest at Shepard Road. This is looking northeast and this is looking across the street uh to the northwest. Uh this is looking southeast. If you give me just one moment, I'm sorry. My apologies for that. Oh, we're looking southeast across the petitioner's front yard.

Uh this is looking uh southeast at the petitioner's sideyard on the other side of the dwelling to the east. Same area. Uh this is looking southwest at the front of the existing twocar garage. This is looking southwest towards the most affected neighbor um who again wrote a letter in support. This is looking northeast at the that side of the existing twocar garage. This is looking east uh at the petitioner's rear uh rear yard. Uh, and this is uh the the rear of the dwelling and the petitioner's existing wooden deck. Uh, that concludes my presentation at this time. Uh, the department has not received any written comments uh in opposition or in support of this case this evening other than that letter that was provided by that neighbor. Um, at this time if you have any questions of Director Bunage or I, uh, we are happy to answer them. Thank you.

Any initial questions for the department? Thank you, Miss Keefe. At this time, will the petitioner please come forward, state his or her name, address, and relationship to this property, and we'll get you sworn in online. Miss Q. Can you hear me? I can hear you. Yes. If you

I'm going to turn my video on. Give me one moment. There you go. If you could please state your name, um, relationship to this property and address, and we'll get you sworn in. Uh, my name is Andrew Arnold. I am an substitute of Dan Kerry. while he's away. And I am uh doing business as our client for Lakeside. We are the we are Lakeside renovation design. Um and our client is uh the men residence at 1660 Shepard Road. Okay, we'll get you sworn in here.

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. Thank you. Please proceed. As a reminder, um you have 15 minutes uh to present inclusive the board's questions unless the chair allows additional time.

So, our client wants to build a onestory onecar edition off of the twocar garage. Uh, and we can see here that it does encroach on the 30 foot sideyard setback um by at least 14 feet. And so what we uh were asking for a variance because uh the shape of the lot is very irregular. It's a triangle shape. So it makes it very difficult to build anything else um because of where the house is located. We even tried looking at maybe building to the other side of the house, but unfortunately that cannot be done because the septic tank is in that area. So that leaves no other area uh for uh the garages. Uh we know that it was built in the St. Louis County area. So that was before the 30-foot setback line. And then uh as you guys took ownership of that property or of that area um where you guys enacted a 30- foot setback line which has caused even some of that existing house to be uh non-compliant to the setback line. Um and so we also got approval from the neighbor as you uh have already heard. And so that is what we are we are asking if it is reasonable if we can add this addition to the house, add value to the house um if it is feasible to the city of Wildwood.

You like to add, Mr. Arnold? I'm sorry. What? Anything else you'd like to add? That is it. Any questions for Mr. Arnold? Mr. Arnold, the um the size of the garage. Mhm. Obviously, you know, to be compliant and to act as a garage, I imagine you have to have a certain size. Tell us a little bit about the size of this. Is it oversized? Is it

minimal? How was that approached? So, it is at the minimum size it can be because uh we need at least an 8 foot wide garage door. That's that's the smallest garage door we can get for a single car. And then you want 2 foot on each side of that. Um so that gives us right at um 12 ft. Uh so we got 12 foot in on width and then uh we are having it stretch the ex the entire length of the other the existing garage uh which is 25 ft which is standard for a a uh the length of a car garage. [snorts] Um and we couldn't make it any shorter because if it did it would be around five feet. Yeah. Fair enough.

Uh just real Yeah, just real quick. Um the uh department has noted that they would prefer that the addition match in design and materials to the existing house. Um any foreseeable trouble getting those parts to match or anything or is that an okay requirement? That usually is. Yeah, we we use James Hardy on a lot of things and so they do a lot they do color matching. If they can't, then we will get uh it primed to where we can paint uh color match it with paint and so it shouldn't be an issue at all. Great. Thank you.

Any other questions for Mr. Arnold? See none. Thank you, Mr. Arnold. Um [snorts] any members in the audience or online that would like to speak in favor or opposition to this request? Mr. Chair, received any speakers cards. If anyone online at this time would like to speak, please use the raised hand feature. Mr. Chair, I see no raised hands offline. Mr. Chair, we have

seeing none. Would anyone like to hear an oral presentation of the department's report? Seeing none, um, Department of Planning would like to make any final comments.

Yeah, Mr. Chair, members of the board, uh, again, I think you saw um through the evidence that was presented that uh there is a hardship on this property given the given the pre-existing nonconformity that was um caused by St. Louis County becoming city of Wildwood. Uh so an acknowledgement of that and the fact that this garage is very modest in its size and and the most logical um location uh possible upon the lot and given that the neighbor does support it. Uh the department is simply requesting that if approved uh this board um condition it upon matching a material and design with the existing dwelling. Thank you.

Thank you. Any questions for Miss Keefe? Mr. Mr. Chair, if I may. Yes, sir. Just as a sidebar, between 1948 and 1965, the minimum lot area out in this area, now Wildwood, was 1 acre. So that's why occasionally we see lots less than 3 acres. In this case, it was an oversized lot based upon the 1948 to 1965 zoning. Thank you, Director Bunich. Any final comments from the board? All right. This time we will close the proceeding for a vote. Can I have a motion to approve or deny or approve with conditions?

I'll go ahead and just make a motion to approve with a condition that the materials and design match the existing dwelling. Do we have a second? I'll second. Okay. Mr. Morris, how do you vote? Approve. Mr. Lux, approve. Mr. Sprunger, approve. Mr. Lee approve and I approve as well. So congratulations. The variance is approved uh with the conditions as outlined by Mr. Lux. Thank you very much,

Mr. Chair. The third item on tonight's agenda is BA33-25 Hartman Family Trust 16932 Lewis Spring Farms Road, Wildwood, Missouri 630005. Care of Joseph Schleg, 2900 South Brentwood Boulevard, Brentwood, Missouri 63144. Requests an exception to the minimum yard requirements general for the purpose of constructing a new retaining wall with a 19 ft maximum height of concrete block type of construction upon the property that is located at 16932 Lewis Springs Farm Road. Locator number 19U 1110170 Lewis Spring Farm subdivision lot 17 thereby authorizing a southwestern sideyard setback distance of 20 ft in le of 30 ft. 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 2. And again before Miss Ke begins her presentation. The department would like to enter into the records 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 file that has been developed and maintained by the Department of Planning regarding this particular request and all contents contained therein, including the department's report with recommendation. And then finally, any testimony or evidence or that is offered as part of tonight's hearing. Thank you, Mr. Chair.

Thank you, Director Enich. Miss Keith, please proceed.

All right, Mr. Chair, members of the board. Again, the case this evening and uh the next case this evening involves the construction of a new retaining wall uh with 19 ft uh which is 19 ft maximum in height. Uh the subject property is located in northeastern Wildwood in the Lewis Spring uh farm subdivision which is just northeast of Stucker Road and Shepard Road. Um as you can see here, here's Church Road. So far northeastern Wildwood. Uh the property is 3.12 acres. It is occupied by a single family dwelling that was built in 1992. Many improvements upon the property do exist, including a driveway, porch, wood deck, patio, carport, two car, twocar garage, or actually two different garages uh connected by a port corsair and a series of retaining walls. [clears throat] It is zoned non- urban residence district and uh has a 30foot uh sideyard setback distance associated uh with that designation. Uh the property is triangular in shape. It descends 60 ft in slope from the [clears throat] front yard to midway through it where there is a drainage way that then then tracks northeast and ascends to the rear of the lot uh for a total of 78 ft of relief. Uh the slope is steep and the property is heavily wooded. Uh the petitioner is requesting to construct a new retaining wall. Um here you can see it. Uh this would have a maximum height of 19 feet.

Um and would require a 20 foot setback in lie of a 30 foot in lie of the 30ft setback. The wall will support a new inground swimming pool project uh as well as a new uh covered patio or pavilion uh both of which are within the buildable area. Uh the the new uh retaining wall will be of the concrete block type and will match the existing uh retaining walls upon the lot uh which you see featured. Uh this is looking southeast towards the front of the dwelling. This is looking southwest. Uh this is at the rear of the dwelling looking northeast. And this is looking west. This is also looking west. Uh this is looking east. This is the rear yard area. Uh this is looking southeast at the rear yard area and this is also looking southeast but again um giving you a full scope of the yard. Uh this is looking south southwest towards the neighbor. Uh there is a variance history associated with this property. Two previous variances have been granted by uh the board of adjustment. One was to allow the existing detached garage to intrude into the front yard setback area 3 ft. And the second and most recent variance was to maintain an existing

retaining wall 1 ft from the sideyard property line while building a new wall 6 ft from it. And that concludes my presentation at this time. Uh the department has not received any written comments in support or opposition of this request. Uh Director Venich and I are available to answer your questions um if you have them. Thank you, Miss Keefe. Any questions for the department? Okay. At this time, uh, will the petitioner please come forward, state his or her name, address, and relationship to the property, and we'll get you sworn in.

Good evening. I'm Joseph Schlag with Throtten Co. Architects representing the Hartman's. Okay. And your address? Oh, I'm at Well, the office is at 2900 South Brentwood, uh, as it's listed there, 63144. I'm in Wildwood if that [laughter] matters. Yeah, good. We'll get you sworn hand like, "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, I do. Thank you.

Good. Please state um the hardship or necessity for the variance as it pertains to the property. Um and as a reminder, you have 15 minutes inclusive the board's questions unless the chair allows additional time. Thank you very much board and um members of Wildwood here. Um we appreciate all the hard work you do. The Hartman's want to put in a pool in the backyard and as we were as we saw in the photos and the site plans, it's a very steeply sloping lot to the back and also really crunches down in that triangular shape. Um in order to get a pool at all there, it's going to require some sort of retaining wall. Um in addition to that, they would like to have that exterior pavilion covered. Um, we were able to keep all of those features in the buildable area, but to support those, that retaining wall just has to scoot out a little bit. And we kept it as well as we could behind those existing retaining walls. Um, just in order to keep it, you know, in the property. U, you could also see that the existing house is built sort of at an angle. You know, if you're standing at the back of the house looking out into your yard and over the pool, you're already tilted towards the sideyard. if you can see that. So, we wanted to maintain all those views of the landscape and and minimize the impact on the storm water and the existing um landscaping, all that. So, that's essentially it. [clears throat] Any questions?

Any questions for Mr. Slag?

Any trees, large trees being removed? I didn't see anything noted in the department. No. Uh in fact that the the variance that Miss Keefe mentioned, the previous one for the previous owner was actually a further encroachment of the sideyard than ours is. It's actually we're tighter into the buildable area than that one that was granted. That's what I was noticing as well. Miss Ke, can you pull that up again? That's that's what I wanted to point out. It does appear that there's a wall that's that will will be We're removing one wall. Okay. It's further down. But you're inside of a wall that's existing already.

Yes. Oh, the existing the taller one at the back of the driveway. We're Yeah, we're further into the buildable area on that. That lower one there is the one we'll take out. And then the ones closer up. Mr. Chair, what did you guys see? Did you want to see this of the plant?

Correct. And this is existing. Correct. That one will be removed though. That lowest one. Any questions? I defer to Mr. Lee a lot on on on these. He knows where I'm going with this. Um, any other questions for for the petitioner? You're going to match all the existing or replace it completely? Yeah. Correct. Anything else? Any questions? Okay. Thank you. Thank you.

Any speakers in the audience who may want to speak in favor or opposition to this request? As a reminder, each speaker has five minutes inclusive of the board's questions unless the chair allows additional time. Mr. chair.

Hi. Uh, if there are any individuals online who wish to speak, please use the raised hand feature. Or Mr. Chair, it does not look like they're on. Seeing none, um, [clears throat] anybody like the opportunity to hear the oral presentation of the department's report? Seeing none, Miss Keefe, any uh final comments from the department?

Uh Mr. Chair, members of the board, uh the department is uh supporting this request. Uh we believe the retaining walls are a necessary component of doing backyard improvements and um in a terrain that's challenging. Uh, additionally, the applicant did work with the department to move the pavilion outside of the setback area and into the buildable area as part of this uh, project, which resulted in a lesser impact, lesser variance. Uh, so we saw that as a bonus. Um, the property is heavily wooded. There's a nice tree buffer between properties. Uh, so we we believe that will minimize any impacts. Uh, so with that said, uh, we are supporting it. Thank you.

Thank you, Miss Keefe. At this time, we will close. Any questions, comments from the board? At this time, we will close the proceeding for a vote. I have a motion to approve. A motion to deny or approve with conditions. I'll make a motion to approve. Do we have a second? Second. Mr. Morris, how do you vote? Approve. Mr. Deluxe approve. Mr. Sprunger approve. Mr. Lee approve. And I approve as well. Congratulations. The variance is approved.

Mr. Chair, the last case tonight relative to the docket is BA34-25 Lee Wombacher 220 Spy Glass Hill Drive, Wildwood, Missouri 63040. requests an exception that the minimum yard requirements general for the purpose of constructing a tiered concrete deck that is to be attached to a new inground swimming pool upon the property being located at 220 Spy Glass Hill Drive located number 24U 430551 Enclaves at Cherry Hills Plat 4 lot 16 which would thereby authorize a front yard setback distance of 15 ft in lie of 25 ft. This request is contrary to the requirements of chapter 415.120 R1A 22,000 foot resident district regulations of the Wildwood zoning ordinance and plan residential development overlay district parenthetical PRD ordinance number 865. This particular property is located in Ward 8. And as with the last three cases, the department would like before Miss Keef begins her presentation. It's contagious. Chapter 400, article two of the City of Wildwood Municipal Code, the board of adjustment. Chapter 415 of the City of Wildwood Municipal Code, the zoning ordinance, the file that has been developed and maintained by the Department of Planning regarding this particular request, and all contents contained therein, including the department's report with recommendation. And then finally, Mr. Chair, any testimony or evidences that is offered as part of tonight's hearing on this matter. Thank you, Mr. Chair.

Thank you, Director Vich.

Right, Mr. Chair, members of the board, our final case this evening again uh involves the construction of a tiered concrete deck uh that is to be attached to a new inground swimming pool project. Uh the subject site of this request is a 0.4 uh acre lot located in the Enclaves at Cherry Hill subdivision plat 4. Uh the Enclaves at Cherry Hills consists of 206 lots with associated dwellings. Uh the surrounding land use consists of cluster dwellings surrounding large tracks of common ground um which is common with the uh city's planned uh residential development overlay districts. Uh the subject lot is located on Spyglass Hill Drive which is a 40 foot uh culde-sac roadway uh 40 foot wide and also Abut's old fairway drive which is a 60 ft wide right ofway uh which are both maintained by the city of Wildwood. Uh the property is zoned R1A 22,000qt residence district and does have a PRD or a planned resident uh planned residential development overlay district associated with it. This was approved by city council on September 23rd, 2002. Uh there is an existing single family dwelling that was built in 2004 upon the lot. Uh, it does have some improvements associated with it, including an open frame porch, a patio, and an attached garage. Uh, the lot is slightly sloped uh descending from Old Fairway Drive uh to the front of the lot with 10 ft

total in relief. Uh, the lot does consist uh primarily of lawn area Uh the petitioner has received zoning authorization for an ingground swimming pool uh from the city of Wildwood which was approved um meeting the setback requirements. So the first phase of this project includes this area of the pool here whereas the variance in question concerns this tiered patio uh area. So this has not been approved but this has uh the full design of the pool does include the 20x 20 uh foot concrete patio area uh which requires a 15 ft setback distance in l of 25 ft. This is the top view of the project. Uh this is a rendering that was provided with the application and that's just another view of that same same object. Uh here you can see in red uh the tiered patio area um and the 25- foot uh building setback line um because again it is from old fairway uh drive. So it is considered a front yard uh setback distance. Uh the petitioners do note in their application that they plan to plant trees and landscaping across the back of the yard to serve as a privacy privacy buffer as part of their project. Uh this is looking southeast at the front of the dwelling. This is looking west. Um, this is the culde-sac, uh, Spyglass Hill Drive.

And this is looking northeast on Spyglass Hill Drive. Now we're in the backyard looking towards Old Fairway. Um, this is looking southeast. This is looking south across the rear of the dwelling. This is looking southeast. Uh here we're standing up um at Old Fairway Drive and then looking down at the petitioner's dwelling. This is looking southwest. This is looking to the rear of the dwelling. And this is looking west um to the other side of the residence. And that's looking northeast. Uh the petitioner's dwelling is here and the old fairway up here. Uh the department has received letters in support of the project from the two most affected neighbors by it. Um and there has been HOA approval uh submitted as well. And that concludes my presentation at this time. If you have any questions of the department, Director Benich and I are available to answer them. Thank you. Thank you, Miss Keef. Any questions for the department before enter? Okay. At this time, will the petitioner please come forward, state his or her name, address, relationship to this property, and we'll get you sworn in.

Uh, David Wacher, 220 Spy Glass, Wildwood 63040. It's my house. this morning. I do. Did you hear me? Testimony you're about to give in this cause would be the truth, the whole truth, and nothing but the truth. Yes.

Okay. Mr. Wombacher, if you could please state um the nature of the request, the hardship, practical difficulty necessitating the variance as it relates to the character of the property. Um, and you have 15 minutes inclusive of the board's questions unless the chair allows addition. Sure.

Um, my house borders up to fairway. So large hill, right? So it's kind of basically unusable. Our goal was to use more of that property. We do have dogs as well. So we'd like to keep as much preserved as we could. Also keeps with the natural flow of the water. So the the ability for me to to move that up allows me to not build out on the side more concrete, more everything else. So that um we did make uh arrangements to have a three-foot retaining wall handle all the water as well as a retention basin on the side to capture our neighbors. So all water has been mitigated through a a water mitigation company as well as a a short uh retaining wall which is inside code. Um, our goal was just to be able to use more of the property and um, like like they said, uh, we're planning on putting green giants across the back. So, goal would be to shield it from the view, but I mean it's the only view we're shielding ourselves from is probably the lake, but we're not high enough to see it. So,

any initial questions for Mr. Wogger? So just to just to clarify, it's your belief that the upper patio, let's call it, is not simply to for for aesthetics, but is also will function to help keep that hillside up. Got so it it's not just from to keep the hillside intact. Without the escalated patio, there would be just a bigger retaining wall. Correct. to get it down to ground level with pool

and I didn't ask for forgiveness. Just came to ask for I think the department is is is very grateful for that. I assume um the uh any concern with the department um in their report they recommend working uh together to kind of put a landscape plan together. I think it says that you're changes. He loves it. We'll lean in and we'll make it beautiful together. More trees. Perfect. Any other questions for Mr. Wombacher?

Thank you, sir. At this time, is there any speakers in the audience that may want to speak in favor or opposition to this request? As a reminder, each speaker has five minutes to present inclusive of the board's questions unless the chair allows additional time. Mr. Chair, I have no speakers. I do have two individuals online. If they would like to use the raise hand feature, they may speak at this time. Mr. Chair, I see no raised.

Anyone would like to hear an oral presentation of the department's report? Any final comments from the department? Mr. Chair, members of the board, uh the department is supporting this variance request. Um this is another instance where uh perhaps this uh concrete tured patio is not necessar not necessary to the reasonable use of the property. However, the impacts uh to surrounding uses are very minimal considering uh the grade of the roadway and where the project will be located and then the mitigation of doing some of this additional landscaping uh may also add improvements uh to the area as well. Uh so the department is uh supporting it, providing uh that we do receive um or that we approve a landscape plan uh that reflects these plantings that are to be installed along Old Fairway Drive. Thank you.

Thank you, Miss Keefe. Any other uh comments, questions? M Mr. Chair, if I may, I'd just like to thank Mr. Ron Bucker. He probably wouldn't be here if we hadn't switched the agenda around. So, thank you for your patience.

Yes. Thank you. That's a good point. Director Munish, thank you. Yes. Yes. Yes. We we we aim to please, but yes, in this case, Mr. Wacker, unfortunately, we uh you were here a little bit longer. So, um we'll close the proceeding for a vote here. May I have [snorts] a motion to approve? A motion to deny or approve with conditions? A motion to approve with the condition of the landscaping plan approval. Thank you, Mr. Lux. Do we have a second? Second. Thank you, Mr. Morris. Uh, Mr. Morris, how do you vote? Perfect. Thank you, Mr. Morris, how do you vote? Approve. Mr. Lux,

approve. Mr. Sprunger, approve. Mr. Lee, approve. And I approve as well. Congratulations. The variance is approved with the uh the landscape uh with the condition as stated with the landscape approval of the board of the department. Congratulations. Okay. I believe is there is that the last is that it on the petitions or on the

Yes, sir. Mint Martini will be back in December with I hope a solution. We do have a final um piece of business item of business on the agenda which is to approve the meetings from or the minutes from um the October 16th, 2025 meeting. Do I have a motion to approve uh the minutes? I'll make a motion to approve the minutes. Do we have a second? Second. Mr. Morris, how do you vote? Approve. Mr. Lux, approve. Sprunger, approve. Shali approve and I approve as well. So we'll get those minutes approved from last meeting. Thank you.

Thank you Director Vunich and Miss Keefe and we will uh consider this meeting ajourned. Thank you and to all have a great Thanksgiving holiday from Robin and I. Thank you. Thank you everyone.