Planning and Zoning Meeting - Regular Meeting

I have seven. I got a two. Two.

Just been told at 7:00. So, we're going to take off. Hereby call this meeting to order the January 8th, 2026. Little uncomfortable for me to say 26. I had to write some checks today and I had to rewrite every day. The January 8th, 2026 meeting of the St. Charles County Board of Zoning Adjustments is hereby called to order. Please rise for the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Welcome to the meeting of the St. Charles County Board of Adjustments. I am the board chairman, Jerry Princster. The duties of the board include hearing appeals to vary the zoning. I have to always get this done. to vary the zoning requirements to provide relief where the conditions of a property prevent development consistent with the intent of the purposes of the applicable zoning regulations and to render decisions on appeals from an action of the director of the division of planning and zoning when it has been alleged that a permit has been incorrectly issued or denied. The board members here are citizen volunteers who are appointed by the county executive with county council approval. County staff members are also present to assist with these proceedings and advise the board, especially when I forget to swear people in and stuff like that. At this time, we ask that you please mute all cell phones and any other electronic devices during this meeting. Each case will begin with a presentation by the applicant which is typically limited to five minutes. County staff will then have an opportunity to provide relevant information for the board of to consider. Any written communications from the public will be entered into the record. The board will then take public testimony relevant to whether or not granting of the requested variance would be appropriate. All persons planning to speak at tonight's meetings to meet tonight's meeting must first complete a speaker card and hand it to the recording secretary. Blank cards are located on the podium. Each speaker

approaching the podium should submit their card, state their name, and be sworn in. Testimony is typically limited to five minutes per speaker. Once testimony is concluded, I will close the public hearing and no further input from the audience will be taken. A board member will move to approve the application so that discussion and a vote may take place. It's required by county ordinance at least four of five board members must vote in the affirmative for a variance request to be approved. If the variance request is approved, the applicant may proceed after the proper permits have been issued. Any decision of the board of zoning adjustments may be appealed to the county council within 14 working days after notification of the board of zoning decision as has been mailed. The unified development ordinance and zoning maps of St. Charles County are hereby entered into the record. Please read our first uh applicant application.

Various requests for 301 South Church Street. Application number V25-04. Property owner Terry Leaky and Marita Leaky. Applicant Terry Leaky. Variance requested. Request to vary 405.090. 8.4 of the ordinances of St. Charles County to encroach 4 ft into the 7 ft side yard setback for accessory structures for the purpose of constructing a new carport in the same location as the old carport. Property is zoned R1E single family residential district. Parcel size is 0.25 acres. Location is 301 South Church Street located 150 ft southwest of the intersection of Church Street and Magnammy Road near the city of St. Peters in council district 5, parcel account number 394470 A0000.

Is the property owner, our applicant, our representative here to speak on this appeal? Yes. Please approach the podium. Have you filled out one of our speaker cards? Yes, I did. Okay. Thank you. Please raise your right hand. Do you solemnly swear it or affirm to tell the truth, the whole truth, and nothing but the truth under the pains and penalty of perjury? And I always like to add, so help you God. Yes. Thank you. Please state your name and address. My name is Terry Yi. My address is 301 South Church Street, St. Peters.

Okay. Please proceed.

Okay. We're obviously in unincorporated St. Charles County even though our next door neighbor is in the city of St. Peters. Uh this is the garage we have. When I moved there in 2007, there was a really sad looking carport on the front that uh I wouldn't even park under, so I tore it down. I can now afford to build the carport I want, which is this. Uh, it's not cheap or flimsy. Estimate came in at about $40,000. So, it's the thing is our driveway is literally 3 feet from survey stake and so is the garage. There is three feet between the garage and the neighbor's privacy fence. So, as far as being able to move or do anything different, it's just not physically possible.

So, so here we are. Yeah, here we are. If you look at the assessor's drawing of our lot, they think the carport's still there. So, you're probably still paying taxes on that evidently. And there's also a there's also a leanto on the side of the garage that was just as bad as the carport. So, they're both gone. Okay. Um here's a picture showing exactly where the survey stake is and how far it is from the driveway, which is almost exactly 3 ft.

They've provided very good pictures to us too to review. Thank you. Is that it? That's it. Very good. Thank you. Would staff like to provide anything additional? Uh, yeah. I got a short presentation. Okay.

All right. So, the applicant is requesting to construct a carport in front of an existing garage. Uh, specifically requesting uh a setback of 3 ft in instead of seven. The existing uh parcel has two structures on it. the single family home and detached garage, both of which were constructed in 1940, predating any zoning ordinance that was in place in St. Charles County. Um there's a the driveway at the street is a one car or wide enough for one car and then it expands out to about two cars. Uh but the garage itself is only a onecar garage. From the pictures, you could see that um the parcel is relatively flat and has no flood plane considerations on it. Uh there's four variance criteria that we look at in the ordinance. I'll go through each of them real quick. Is the variance requested due to unique circumstances inherent to the specific piece of property and not to personal considerations? Staff recommends a finding that the requested minimum sideyard setback variance meets this criteria given that the existing structures on the parcel predate any zoning ordinance approved in St. Charles County. Uh is the variance or the variance is needed as a result of an affirmative act of the property owner that could have been avoided. No affirmative action has been taken by the applicant that would have created the need for this variance. He has not uh pulled any building permits. No sight disturbance, no work has started. So uh the variance would meet this criteria. The variance would not merely grant a special benefit to the property owner beyond what is enjoyed by other properties. Approval of this variance would not be considered a special special privilege to the applicant as other similarly

sized lots in the area also have existing uh accessory structures that encroach on the side and rear yard setbacks. Number four is the application of such non-use regulation would result in a practical impractical difficulties to the property owner and whether such relief can be granted without substantial detriment to public good and substantially impairing the intent, purpose and integrity of the zoning regulations. Uh pra practical difficulties in meeting the regulation appear evident. uh zoning relief could be granted without causing a substantial detriment to the public good or significantly impairing the intent, purpose, or integrity of the zoning regulations. Technically, a carport could be built on the south side of the garage or in the middle of the rear yard. Um, but that's not practical. Uh, based on where the driveway is, backing in and out and getting cars in and out of it would be become very difficult if a carport was placed anywhere else. Sorry. With all that being said, uh, county staff recommends the board of zoning adjustment approve variance 254 with the conditions listed in the staff report.

That's it. Thank you. Do any board members have questions to clarify any facts in this application? Is your garage in good shape? I mean, the outside looks like it's real nice. I'm just The only reason I'm asking because if say it needs to be tore down, then you're screwed. No, it's solid. It's concrete block actually that looks like stone. Very solid. It's obvious that the existing garage is over the setback, but you mentioned that you had a survey. Did you have the survey? Is there a copy of the survey?

Uh, no, but actually the property behind us in St. Peters Estates was surveyed and they flagged the survey stakes in our yard. Okay. Any other questions from the board members? Does has the county received any written communications concerning this application? No, sir.

Okay. Thank you. Okay. Anyone in the else in the audience want to speak? I guess not unless it's your wife. Okay. Let me see. I don't want to skip anything. Given no additional public comments, I will close the public hearing at this time. May I have a motion for the variance V 25.04? So moved with any recommendations. Oh, with staff recommendations with staff recommend including the staff recommendations.

I'll second it. Any further discussion? All in favor? Well, let me go. I got to go down the line because our secretary is keeping a record. Dave, yes. John, yes. You made the motion, so I'm assuming you're

okay. And I don't need to vote since we're not tied or anything. I would say that our motion has carried and your variance has passed. You may proceed with getting your application to to build. You got to go back, you know, one more one more step. But let me explain to you the reason for this is that the P&Z have very strict regulations that they have to adhere to. We don't. we can come in and listen to other uh appeals and and reasoning that P&Z can't. So, we don't just try to run you through a dog and pony show. It is a pretty sustained uh set of rules. So, congratulations.

Thank you. Thank you. I retired from St. Charles County as a mechanic. I I know how to Okay, good. Well, we're happy for you. Thank you. Very good. Very best of luck. Okay, I got care of this. Let me see what else I got to go through. Cover the minutes from last night. Got to go through the minutes. Yep. Motion to approve the September 4th 25 minutes.

So move. All All in favor? He's We've got Dave made the motion. John seconded. All in favor? I. Any opposed? I think we're supposed to ask for a Oh, yeah. A motion to adjourn this meeting. So move. Okay. The only other business we have is signing of the of the old old minutes. Okay. Any opposed to the meeting adjournment?

All right, meeting is adjourned. I will sign minutes and uh yep, John. John. was