Board of Adjustment - Regular Meeting

All right. Good evening every Oh, we're not quite quite ready to go. We have We have four. We have four. Right. Okay. Right. Sure enough.

We can still move forward. It just needs to be unanimous. Yeah. To approve or whatever. Yeah. Okay. Good evening everyone. Um 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 will 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, please hand Miss Keith's uh your speakers card. Planner 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 Wildwood's board of adjustment to order. Board members present today are Mr. Bob Morris who is here. Hey, right there. Okay. Mr. Dave Berdolino, our alternate member. Max Gilman, alternate member. And myself, Arie Sprunger, acting chair for tonight's meeting. We also are expecting uh Mike Lee, who's a board member, to be here shortly. If for some reason Mr. Lee is unable to attend due to some unforeseen circumstance. I would like to remind the petitioners that if in fact there are four of us instead of five that um you can still present and

request the decision tonight. But if in fact you do that, you'll need to have all four members vote uh together. It needs to be unanimous. Okay? If you would prefer not to do that and if Mr. Lee is not here, um you have the option of deferring your case until a later date. Okay? So, I just want to make sure that everyone is aware of that should we be in that situation. Okay. All right. First I offer into the record I don't think I introduced the planning staff members. Okay. The department the department of planning staff present is Joe Vunich director of planning and Robin Keefe planner city attorney Sarah Rutherford and court reporter Kartney uh Courtney Tolman are also present on Zoom. Okay. Okay. First, I offer into the record the affidavit of publication pertaining to today's meeting, January 15th, 2026, and take official notice of the zoning ordinance of City of Wildwood, including chapter 400, article 2, authorizing and establishing the board of adjustments, powers, and duties. Now, let me explain the hearing procedure. And please be aware that the information that I'm about to describe is also provided on the board of adjustment 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 a petition is called, I will ask a Department of Planning staff member to read each request into the record.

Thereafter, the Department of Planning will have opening remarks and a brief slide presentation. Then the petitioner or his or her representative will be asked to state their name 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 would warrant the variance. The board will only consider the unique character of the property to determine whether they warrant 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 testimony shall 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 and prior to a call for the vote in order to bring in additional evidence or testimony. The board may also continue the proceedings. After the submission of testimony and evidence from all interested parties, the board will ask a staff person to provide the Department of Planning's

report on 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, I 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 6 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. Okay. Uh, Miss Keef, are there any questions at this time?

At this time, if there are any questions from the individuals online, please use the raise hand feature.

Yeah. Yes, we do have one question, Mr. Chair. Hi, sir. Uh, can they revise their uh request for um

and if you just for the record if you could state your name. Sure. And uh I'm Phil Luther. U I'm a trustee with Fair Haven Subdivision. Okay. Um, we have some concerns about the um the BA 3-26. Okay. The request for a uh 40 foot uh 40 foot storage box. Uh at the time during

Okay. I I I I very much apologize for interrupting you. Um but the reason I am is because we're going to look at each case individually and when we look at that particular case, you will have an opportunity to come up and present what I think you're just about to present. I was thinking they can revise their requests. Is that correct? Well, yeah. We I tell you, we will deal with all of that. It's a fair question. We'll deal with that when we get to that particular case. Okay. All right. Thank you, sir.

Okay. Then, uh, at this time, if we could read the first request into the record, which will be followed by a brief slide presentation by the staff. Mr. Chair, the first item is BA126 John Carman Morals, 237 Clayton Oaks Drive, Ellisville, Missouri 63011. requests an exception to the minimum yard requirements general for the purpose of constructing a single family dwelling upon the property located at 315 Sciss Lane located number 19W4200026 which would thereby authorize a sideyard setback distance of 20.5 ft in lie of the required 30-foot standard on its southern side. This request is contrary to the requirements of chapter 415.090 090 and you non- urban resident district regulations of the city of Wildwood zoning ordinance. Identical requests were authorized by the board of adjustment on September 16th, 2021, March 21st, 2024, and February 20 20th 2025. This particular property is located in Ward 1. And as Miss Keefe comes to the podium for 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 zoning ordinance, the file that has been developed and maintained by the department regarding this particular petition, and all contents contained therein, including the department's recommendation report. And then finally, any testimony or evidence that is offered as part of tonight's hearing. Thank you, Mr. Chair.

Okay. Thank you, Mr. Munish. Miss Keefe, if you would give us the presentation.

All right, Mr. Chair, members of the board. Uh, the first case this evening concerns a subject property that is located in Northern Wildwood near the intersection of Wild Horse Creek Road and Highway 109. Uh the lot the subject lot is 1.06 acres in size and it has double frontage uh with 121 ft of frontage on the west side of SC Lane, a 20 foot wide gravel ribbon road and 121 ft of frontage on Highway 109 at the rear yard property line. Uh the surrounding area is residential in nature with the only exception being a commercially zoned uh convenience kiosk with gas pumps two properties to the north of the subject property. Uh the subject lot in question is rectangular in shape and very narrow. Uh it is zoned non- urban residence district uh by the city of Wildwood which does require 50 foot setbacks from um from any front yard which is defined um as being uh as having frontage on any uh public right of way. So in this case there's two front yards. So 50ft setbacks from the rear and the front. Um it also requires 30ft sideyard setbacks. Uh the subject lot is presently vacant. Uh the property is relatively flat. Uh the front portion of it is relatively flat. Uh but there is a 20% grade change just beyond uh the proposed building site which we'll get to in a second. Uh the overall relief of the property is 45 ft. Um it is heavily wooded towards the rear, but a good good portion of that wooded section has been cleared out as

part of some improvement projects to Highway 109. Uh namely a roundabout roundabout that was installed just to the north of this property. Uh speaking of that roundabout, again with that installation, over half of the heavily wooded portion of the property has been removed. Um so certainly uh reducing its usability. Um in this instance the petitioners have presented identical requests to this board on three previous occasions but have not moved forward for personal reasons and also um for delays associated with their engaged engineer on the project in this latest inst uh instance. However, what they are requesting is a southern sideyard setback distance of 20.5 feet in lie of 30 feet which is required by the non-urban residence district. Uh the petitioner notes the narrowness of the lot has their rationale uh for the project which only allows for a structure approximately 60 ft wide which is too limiting for a reasonably sized dwelling and garage when also dealing with the grade change to the rear of the building site. Um they also note the changes um to highway 109 as uh reducing the usability of the lot. Uh this is looking northeast on SC lane. Uh this is looking to the north um at the uh adjacent neighbor. This is looking east um across size lane and that's just a closer view. This is looking southeast

uh from the subject property. Um and that's C Lane in the background. This is looking west. And here you can see some of the clearing. This is also looking west. And that's looking southeast again. And finally, this is looking east from Highway 109 uh towards the subject property. Uh the department has received um uh an email expressing support uh for the petitioner's request from uh the the owner of the two immediately neighboring properties. As you can see on this map, um one is just across uh the way from the subject property and one is just to the north of it. And that concludes my presentation at this time. At this time, if you have any questions of the department, Director Vunich and I are available to answer them. Thank you.

Thank you, Miss Keefe. Are there any questions from any of the board members for Miss Keefe? No. Okay. Thank you. At this time, I'd like to call the petitioner forward and ask that you state your name, uh your address, and the relation to the property. John RS, 237 Clayton Oaks Drive, Ellisville, Missouri, owner of said property. I appreciate you seeing me again. Been up here several times. And we're going to get you sworn in by the court reporter and then you can then you can go.

Yeah. Okay, if you'd raise your right hand and Courtney, 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.

Please proceed. Um, you guys approved me uh last spring, which I appreciate. Um, had some setbacks uh with my wife healthwise, but also with the engineering. Uh they delayed me because they were short of staffing. Got all the engineering that Wildwood recommended that I needed to get for the permitting, but it was not within the aotted time that I needed before the uh before it expired.

Before it expired is the reason why we're back here. Um, as was stated, the gentleman that owns a property right next to me has approved, has no problem, and across from me has no problem. the the neighbor down the street is the one that always opposes this, which is the first time I came here, I went to him and asked him and he personally at his front door and he said he would not oppose it as long as I was going to live in the property and not flip it, build it to flip it, which at that which I am not. This is going to be my permanent residence. Tomorrow we have a perk test starting. So, I pretty much have everything all done that I need to get the permitting to start construction. Okay. All right. Good. Thank you very much. Thank you. Are there any questions for Mr. Riley?

Nope. Okay, that was easy. All right. All right. Thank you.

Thank you, sir. All right. Um, are there any individuals either online or in the audience that would like to speak to this request? Okay. If you'd come forward, sir, and the same thing, your name, address, relation to the property, and then we'll get you sworn in. John Schlaggel. I live at 324 size Lane. Um probably 50 ft from that property. Okay. Or less. Okay. Courtney.

Okay. Please. 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.

Okay. Mr. Schlaggel, what do you have for us? Well, first of all, I never told Mr. Nolles or RS that if he's going to live there, it's okay. Never told him that. So, I don't know where he heard that from, but it wasn't from me. Secondly, the two properties, the owners of the those two properties, he he doesn't even live there. Those are rental properties, so he doesn't care. Does anybody remember Bill Murray? Groundhog Day. You mean the actor Bill Murray?

Groundhog Day. That's That's what I feel like we're at. Um our vote has not changed. We are not in agreement with this. Um this is a waste of my time. It's a waste of your time. And more importantly, I think it's a waste of Wildwood taxpayer money. This is the fourth time in five years that we're doing this. I don't understand. Just doesn't make sense to me. You know, one year it was a open heart surgery, another year something else. Now it's something else. There's always a reason that it's not happening and I just don't want to be here anymore.

So, Mr. Schlaggel, um, are are you finished or do you want do you have more for us? Um, well, I think the costs are associated with here. I don't know what the material costs are to put all this on. And there's personnel cost put this on. I mean, what is it in thousands of dollars or more? And we've gone through this now four times. Is that not a real good I mean, way of financing stuff for the city with taxpayer money. So, I mean, it's it's time for the board to look at it and say the dog didn't eat your homework. You know, this is this is enough's enough. You got questions for me?

Yes, Mr. Gilman. Yes. I I would uh ascertain that the marginal cost of considering any one proposal is very small because we have these monthly meetings and there's always at least one item on the agenda. So an additional one um increases the costs very little times five. So I I'll maybe Oh, Mr. Merina. Yes. Uh just quick question, sir. Sure.

Um the petitioner is looking for a variance on the setbacks. Uh what is your specific objection to that variance request? I don't know why he's needing that. I mean, what the what is the purpose of that? I mean, can you not build a house on that property without without moving that easement? I mean, the property has been there for 20 years and he's had it for at least that long and he's not done anything with it. So now we're going to in 5 years he wants to have an easement. I I I don't understand at all. Sorry. Thank you.

Yeah. Not not to you. The request isn't for an easement. The request is for a variance. Yeah. on the setbacks. Correct.

Yeah. And I think I think what I heard the petitioner say is that because it's a narrow lot and it is a narrow lot, when you start taking the setbacks off of both sides, it's really narrow to do any kind of construction on. So that's that's that's his argument. And maybe you do a two-story house. Okay. So I think I want to get back to Mr. Berolino's question. So what is what is it that you feel is objectionable about about his request for a variance on the setbacks? You can build a house there. So why is the why is the variance needed? Has anybody seen that the architectural structures that are going to go there? Have we seen any? Have you guys seen anything?

You mean the blueprints? Yes. Yeah.

Well, I think in the presentation there was a a general outline of what the structure would look like. I guess I could defer that question to the staff or to the department whether or not you've seen any blueprints for the structure that would be constructed there. For the purposes of tonight's meeting, we did not include any of that type of information in the packet. Um, from the standpoint of our code, we have architectural review for single family dwellings if they're constructed inside town center. This area is not in Town Center. So, our code allows property owners and home buyers to basically build what they want. Okay. Thank you. Anything else, Mr. Schlaggel?

No, I think we just like to bring this to an end. I'm I'm just um it's very frustrating. Um and and and to know tonight that the two adjoining properties, the owner has given them. Okay. The owner doesn't even live there. It's his Latino workers that live there. not him. Can I ask a question please? Sure.

Yes. So we understand uh that um but the question from Mr. Berdolino and the chairman was what is objectionable about the 20 foot rather than the 30 foot um ement. So that's the central question that we have not heard an answer to. We we want to know why you object to 20 rather than 30. Again, I go back to has anybody seen a blueprint of where this house is going to be? So, you're concerned about the nature of the house.

Correct. I mean, if you can build a house there without the without the uh the ease, not the easement, but the setback, can you do that? Why not? Then it provides more set back or a continuation of the same property lines as they were before. Correct. Yes. Okay. So, why not do a two-story home? I you know, why go Okay, I understand.

Why go all through this because I want to build this specific home and and the two homes that that house is going to be looking at. I mean, it's it's it's hard for me to visualize and Mr. Voonage will vouch that those two homes are a mess. And for somebody to build it what three $400,000 home to look right at those, that's going to be a tough thing to follow. Okay. All right. Thank you for your comments. Okay, Mr. Schel. Thank you. Okay, let's see. Where are we here? Um,

Mr. Chair, are there any other speakers? Yeah, are there any other speakers that would like to weigh in on this particular case? There are any speakers online who would like to uh speak at this time, please use the raise hand feature. Mr. Chair, I see no raised. Okay. All right. Thank you. Um, at this time, I'd like to offer an opportunity to hear an oral presentation of the department's report if anyone would like to hear that. Yes, please. Yes, you do want to hear that. Yes.

Okay. Well, I mean, um, isn't that what Robin was going to do? I think she's going to give her final comments and a recommendation. Yeah, that's all I want. That's what you meant. Yeah. Okay. Very good. All right. Then the Department of Planning, you're welcome to provide your final comments.

Great. Uh, Mr. Chair, members of the board, uh, yes, we have been here a few few different times. Uh however the department's position has not changed uh in this matter. Uh we do see a hardship to the petitioner in this instance in that the lot is very narrow and it's sub substandard in the non- urban residence district at being just onethird of the minimum 3 acre requirement. Um, additionally, as as noted, uh, significant woodland has been removed, um, as part of the Highway 109, uh, improvement projects and, uh, there is a grade change on the property influencing construction as well. But furthermore, uh, the department would just acknowledge, uh, that there is already an established, uh, land use pattern in that same area. Uh, given that this subdivision was established under St. Louis County's uh non-urban district uh which did have a 20ft sideyard setback at the time. Um so these older um older dwellings were built under those regulations. Um so we do see uh this having a fairly minimal impact uh to the area given given that um finding and uh so with that we're we're supporting the request. Thank you. Thank you, Miss Keefe. Are there any final comments or questions by any of the board members on this particular case? Yes, Mr. Gilman.

Well, that last point, uh, Robin, was very important that the 20 foot setback was consistent with the original dwellings due to the St. Louis County rules at the time that they were built. That's very important to uh note. And I would also add that given the um difficulty of building on that lot, it seems likely that it would raise the value of all property on the street with a newly constructed uh up-to-date dwelling at that address. So that would raise the welfare of of Wildwood City, I believe.

Okay. Thank you, Mr. Gilman. Any other comments or observations, Mr. Bernolino? I'd like to move that we approve the requested variance as submitted by the petitioner. Okay, we have closed our proceedings and we now have a motion to approve the variance request. Do we have a second? Mr. Gilman seconds that. Okay, we are going to call for a vote. Mr. Morris, how do you vote? Approved. Mr. Bolino, approve.

Mr. Gilman, and I also approve the request. And I would say to Mr. Rouse, please try and get this done. Okay. All right. Thank you, sir. Okay. Uh would the um department like to read the next request into the record?

Certainly, Mr. Chair. The second and final item on tonight's agenda is BA3-26 Christopher Smith, 909 Old State Road, Robwood, Missouri 63038. request an exception to the miscellaneous regulations of the zoning ordinance that states no accessory structure or use shall be established on a lot without the benefit of a primary building or activity being in place on the same property for the purpose of installing a temporary storage container with a size of 40 ft by 8 ft at 909 Old State Road located number 24U230993. The request is contrary to the requirements of chapter 415.380 miscellaneous regulations of the city of Wildwood zoning ordinance and chapter 415.090 NU non- urban resident district regulations of the city of Wildwood zoning ordinance. This particular property is located in W 7 and as with the last petition, 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 petition and all contents contained therein, including the letter of recommendation. And then finally, Mr. Chair, any testimony or evidence that is offered as part of tonight's hearing. Thank you, sir.

Thank you, Mr. Munich, Miss Keith, if you would like to give us a presentation.

Mr. Chair, members of the board, uh the next case involves a subject site that is a 10.14 acre lot located uh just north of Old State Road along Old State Road, which is a county maintained arterial roadway. Uh this property is directly across from the Fair Haven estate subdivision. uh to the north and south of the property um are uh residential uh subdivisions zoned R2 uh 15,000 square foot and R3 10,000 ft² residence district um also with associated uh planned environment units approved by St. Louis County. Um so fairly dense developments. Um to the east and west are large residential lots with frontage on Old State Road. Uh these lots help maintain the character of Old State Road as it is today. Uh which is a largely rural character. Uh the subject lot is presently vacant except for a historic barn that was built in 1908 which is in the process of being deconstructed and relocated to another property. Um, previously uh there had been uh structures there including a historic dwelling uh built circa 1915 uh which were removed by the prior owner following a significant house fire in 2023. Um so now the property is vacant u because of that. uh it is zoned a non- urban residence district. The topography of the property is varied uh with its highest elevation being located where the existing access is and where the original uh buildings were

situated. Uh there is a very large pond on the western portion of the property with the rest of it being trees and turf. Uh there is 30 ft of relief overall on the property. Um the uh applicant in this case is proposing to install a temporary storage container which will be 40 uh 40 ft by 8 ft in dimension. Uh he um has noted on the application that it will be used for storage of property maintenance items. uh prior to the construction of a single family dwelling and associated garage. Uh the proposed location for this shipping container is where the old barn is presently located on the property. So you can see that in this red circled area. Um uh the the proposed uh container will be significantly set back uh from all the all the property lines. It is 120 ft from Old State Road. Um it is uh 162 ft from the rear yard property line and then significant distances uh to the east and west. Um, as noted in the agenda language, uh, the city's requirements, uh, do, uh, state that no accessory use, such as this structure, can be established without the benefit of a primary, um, building or activity on the lot. Uh, this is looking north uh, from across Old State Road. So, this is Old State Road and here I'm standing um in the Fair Haven estate subdivision

looking north towards the existing barn structure upon the subject property. Um so, this this barn structure is approximately where that shipping container would be located uh when you're looking at this picture. Um here we're looking northwest upon the subject property again across Old State Road. Uh, this is looking west on Old State. This is looking east. This is looking north. This is looking northwest. Uh, we're standing in the present access drive. This is looking northwest. This is looking north um to the rear of the barn structure. This is looking northeast and this is looking south uh from the subject lot out towards Old State Road. Uh the department has received a couple written comments. Uh we received two from the same household which were opposed to the use. Um there was one in support of it and one neutral comment advocating for a strict timeline for the temporary use. That concludes my presentation at this time. If you have any questions of the department, we're more than happy to answer them. Thank you. So, are there any questions from any of

the members at this time? No. I may have one real quick question. Um, Miss Keith, the department is identifying this as a temporary structure. Correct. Correct. Prior to the construction of the home, the residence. That is correct. Do we have any idea when Okay. So once once the home is started with construction is the concept that the temporary container goes away or would the temporary container be there during the life of construction of the home?

Uh the department is looking to limit the duration of the temporary container uh based on a six-month timeline which is what we posed in our recommendation. Mhm.

Uh once the once the home begins construction, uh there will be other construction trailers as a part of that process. So we don't necessarily see this particular storage container as being any more unsightly or detrimental than these other uh trailers that would be established at the same time. And it looks like director Vunich had some comments today. Well, if home construction starts within 6 months, the trailer can stay. If home construction doesn't start within 6 months, under the recommendation from the department, it would have to be removed.

Okay. And if it does um if construction does start within the 6 months, then how long can how long is the department thinking that the temporary trailer can stay there? The zoning ordinance allows two type of temporary structures. One is a display trailer in conjunction with a residential subdivision that's under development. And the other is temporary construction storage units like this. And they can stay on the property up until the occupancy permit is issued and then I believe 30 days thereafter. And so the intent is to move them off the site as quickly as possible regardless of the circumstances.

Okay. So just to be clear, you know, if this variance were granted and the petitioner started construction on their home one day short of 6 months, the trailer is okay or the the container, whatever that thing is, is okay to be there. And then for the life of the construction of the home and then maybe it's 30 days thereafter, but soon after occupancy permit, they would need to remove the trailer or or that the container, which means depending on how long the construction of the home is, you know, if it's a year, you know, it could be a year and a half total potentially that that that container is there. And I just I'm just saying this because I want to be clear that we everybody understands what we're talking about here.

Yes. Again, the zoning ordinance allows these types of structures, trailers, storage units to be on site during construction.

Construction can only begin when authorization from the city is granted and building permits have been issued by St. Louis County. There is a timeline associated with the unit staying after construction is complete and occupancies granted. If the property owner wanted to wait and start construction, he would not need to come before the board, but his request is to place it before construction starts and the ordinance doesn't accommodate it. And so that's why the board of adjustment must hear the case. Right. Okay. Thank you, sir. Thank you, Miss Gates. Another question there, Mr. Gilman.

Um, Mr. Vinich, would a would construction on a house count as a primary structure? Yes, sir. So, therefore, that container would be allowed um given that there was a primary structure once construction starts. Yes, once construction starts, we consider the primary use or the principal use established and the trailer could be there through that period and then as I say, I believe 30 days thereafter once occupancies granted.

Right. And and so I'm just making the point that the whole reason for the request of a variance is that there's not a primary structure and once construction starts there will be a primary structure and so no need for a variance from that point onward would even be required. That's absolutely correct sir. Thank you. Any other questions for the department? Mr. Berino,

I don't know, Robin, if this is for you or Joe, but why is this particular bill requiring this container, you know, prior to the construction beginning cuz there's been millions of homes built around here and they all have containers, but they don't seem to have this problem with the variance. What's what's different here? Mr. Berlin, I say that's an excellent question for the petitioner. explain what the motivation is or the the necessity for the variance and the tick container.

And with that, this seems like an appropriate time to call the petitioner forward. if you would, whoever the petitioner is, um come forward, state your name, your address, your relationship to the property, and then um you'll need to be sworn in by the uh uh court reporter. And uh just remember, you have 15 minutes. No problem.

Yeah. Okay. My name is Chris Smith. I'm the actual property owner. I have Tom Young, my architect, with me has kind of helped me put this presentation together so we could make sense of what we're doing and why to answer your question. So, my name is Chris Smith. I own the property at 909 Old State Road. Um, what else did you say I needed to tell you? We'll get you we'll get you sworn in. Okay. Okay. He's going to do the talking, but I'll be happy to be sworn in as well. Okay. Well, then we'll need your name, your address, your relationship to the same routine. Yeah. Yeah. So Tom Young, uh, I'll be the architect in the project. So we're currently working on the home design. I'm a Webster Groves resident. So I live in 944 Tuxedo Boulevard in Webster Groves.

Okay. And are both of you going to be speaking? You think? No, he's just going to do run through a presentation, share my screen to explain a little more detail. Okay. Well, then let's get you sworn in. Okay. Hey, 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.

All right. Thank you, sir. Please proceed. Okay. See if I can get this to work. So, I just pulled up a Google Earth model just to kind give everybody a little more context on where we are. So, obviously, we're up in Wildwood Town Center currently at city hall. So, this property is southeast of our current location by half a mile, a mile. I'm not sure exactly on the scale, but you can see it's an 11 acre site, 10 acres plus or minus um uh kind of located within these uh suburban developments surrounding us. So, the idea is that Chris has acquired this property. He's not developing 30 homes. He's building his primary residence. He's excited about it. Um, we are working through the design process currently and I think the idea with the trailer is that Chris could have um a lawn mower on site and stuff to maintain what is a large piece of property until we get all the way through design phase, full permitting, etc. Um, so that's the intention is that, you know, he wasn't trying to ruffle any feathers or be upset. He's just excited to get going and maintain the property and start to improve it. Um, and just to give you a little more context, I'll zoom in where we're talking about locating. So, I'll zoom in. There's a little existing little gravel roundabout drive here. Apparently, this is the barn that Chris has found a user for that's selectively demoing it and relocating on another site. They're going to reerect it. This is the home that burnt down a year ago or so. I that's way before I was involved. Um, and then we just quickly included an icon to show this is a roughly a 8tx 40t by 9 ft trailer. There's a lot of existing vegetation on the site. So the hope is I mean we're happy to locate it wherever it's the least I guess offensive to surrounding neighbors but the understanding is there will be a very nice home building on the site within I don't know what once you issue a permit usually it's like 12 months you have to complete it and you can obviously have extensions but the goal is you know it be built in 9 months

from when we get our permits issued. So um that's just it. the trailer would be used for storing some a lawn mower and some equipment to kind of maintain that and the pond that exists on the site. So, I mean, I I pulled this Google model up just to illustrate where that that trailer would exist. And we placed it here, too, cuz it's right off that gravel drive and there is a lot of topography on the site. So, I'll pull up this little PDF just to explain. So, again, here's the whole site. Here's that existing gravel roundabout. Here is that barn. If I flip to the next slide, you can kind of see this is zoomed in option to say everything dashed in here in green is kind of some existing vegetation that exists. Chris has thinned some some of that out, which he kind of did that without realizing he couldn't do some of that. So, I know that Wildwood stepped in and said, "Hey, let's hold." And again, he's just excited about getting going and building his dream house. So, um this was one option that we're going to put that that trailer here. I know we talked about I think on your presentation it could be down in that barn, but that made me maybe more visible. So, we're open to options on where it could go, but we thought maybe just nestled in here behind this existing greenery may be the best location for what is going to be a temporary structure. So, I'll zoom down. And so, this is a photo again. You can see that barn off to the side. And if I click to the next slide, that barn is 42 ft long. And this right now, this photo was taken earlier this week. So, all that vegetation, it's thick, but it doesn't have any greenery on it, but within a couple months, it will. So the idea being that that 40 foot long trailer would be tucked behind that. So when exiting the neighborhood from across the street, that's kind of the best way to conceal it. Um because I know there's also some requirements for additional vegetation vegetative screening, which we're happy if you'd approve this to do that. But that is another $300 to $5,000 in plants that we'd be planting around a container only to rip out in 3 months. So this thing's not and the other thing is he's not buying this container. He's leasing this container for thousands of dollars a month. So he doesn't want it to be there

for a long period of time either. Like there's an incentive for him to get it there, start cleaning up the property just by mowing the grass and maintaining the pond, but really he doesn't want to have it there forever either. So it's a little bit more information from our standpoint on the project. And Chris, if I miss anything, you're more than welcome to speak. I think if you're gonna excuse me, Chris, if you're going to um speak, Mr. Mr. Smith, we'll have to get you sworn. That's fine. No problem. Okay, let's see. Courtney, could you go ahead and swear in Mr. Smith, please?

Yes. Do you solemnly swear that the testimony you're about to give in this cause will be the truth, the whole truth, and nothing but the truth? Yes, ma'am.

Thank you. So the what he was kind of moving back and forth across that slide. You can see I I we were talking yesterday about what the we understand that it's the neighbors that it's you know it's not going to be that appealing for them. Although it's not like a bright green or some ridiculous color or something. But we were talking about, you know, I could even situate it from front to the back of the property so that the wider spot is not, you know, across the street from somebody's subdivision when they're pulling out and they have to, you know, right now there's right now there's a where he's got that green the green right below the where the container is right now in the picture. That's completely like just honey suckle and all kinds of garbage. And eventually that's going to be cleaned up and there's going to be a nice some kind of nice something there.

Auto corridor drop for the the residents.

Yeah. So it'll look nice and it'll be it'll be all cleaned up and there'll be a lot of trees planted and it'll look it'll be great. But I mean right now I'm not I didn't purposely clean that up so that you know we have a little bit of a barrier there. And obviously like he said the goal is not to have it there even you know 6 months. It just depends on how long it takes to go through the process of getting through the city and getting through the permits and all that kind of stuff because the first thing we got to do right now is get a grading permit and get the architectural drawings and things done so that I can finish cleaning up the property and then give you guys or not you specifically but the city a plan of where I'm going to plant trees, how many I'm going to plant, all that kind of stuff is something else that I have to do as well. So, I've been working I talked to the arborist that you guys have in town and and you know, he's kind of given me a plan and I'm working with Front Knack Forestry to develop a a layout for you guys of what we're going to plant and where and what kind of trees there'll be. So again, I'm going to do all kinds of improvements and clean up the property because right now it's really I I guess scruffy might be a good word for it with vines growing all over trees and it looks it kind of looks like a a horror movie in some of the areas. And so I mean the goal is is like I said not to offend anybody or or you know make anybody see something they don't want to see for a long period of time. I want to make this uh my home for the rest of my life and a great place and people something that people are proud to see and it raises the property values around the community there.

Okay, Mr. Berino. Yeah, Mr. Smith. Yes, if I may. Um what is the hardship for you if you do not have this container approved? Uh the hardship is is just moving things around like trailering things over there to to take care of the property, mow like he was mentioning, mow the grass, just m just simple maintaining of the property. Um and keep and then you know I want to the pond was completely covered in algae and look horrible and I want to just have stuff over there so I can take care of the property and properly maintain it since nothing's been done to it for who knows how many years. How long have you owned the property? Two months. Oh, he just bought it. Okay.

Or three months, maybe. Okay. All right. Thank you. Yes, sir. Any other questions for the petitioner? So, um maybe maybe I do. Um the department is um recommending approval with a condition that you get 6 months until you get your building permit. Okay. I'm hoping it doesn't take that long.

Okay. I was going to ask you if you felt like that was adequate time to get to the building permit process. I mean, I I don't know. I've never done anything like this before. So So Well, Mr. Young, maybe you could weigh in on that.

So So it's my understanding Wildwood does kind of zoning review, correct? And then it goes on to St. Louis County. I mean, it's just some you would expect maybe a quick review would be 3 weeks. Sometimes that's taken six weeks just to get a review and comments back just if they're busy. So, you know, I would hope within 6 weeks, 8 weeks, we have a design that and I haven't worked with Chris before. So, like it could be he wants 20 options or the first option he loves and we start doing construction drawings and working with our civil engineers to get all our water quality design uh put together and our full submitt. So, you know, best case or worst case two months for me, 8 weeks with the county and Wildwood to get approvals and then hopefully he selects a GC and we're ready to go. It's so it's going to be close to that six-month number, but hopefully we can do it sooner than that. I'm not the general contractor, and you know, I

You're not the one who's going to really live with that, right? Yeah. Okay. Um, when were you planning um Mr. Smith, when were you planning to actually when would you put the the container there? Uh, in the next month or so. Okay. cuz you I don't think you're going to be mowing anytime soon. No, you know that kind of thing. So So you wouldn't necessarily put the container there immediately. You you'd put put it there.

I just wanted to get out in front of this because I know it takes some time and then I didn't I wasn't familiar with the process, but she was kind enough to try to explain it how to work through the process and then I since I was already working with him, I just sat down with him and said, "Okay, this is what we need to do." And so, yeah, I mean, it it doesn't have to be done today or tomorrow or whatever. I mean, I'm I mean, I just wanted to get out in front of it so that we're not like the when I do need it, I don't want to be like scrambling trying to get something done. And I think I also heard and I just want to confirm this that um you're open to physically where you would put that container. That's correct, sir.

Whether it's the horizontal, whatever. when I originally spoke to her and gave her gave her what information I had in the beginning um to so she could look into this and I filed the paper the report I had said something about putting it where the barn is the you know the barn is in the process like she mentioned of being removed from the property it's not it's not safe for storage it's like falling down and you know it it's not um I mean aesthetically it looks okay I mean to to look at but it's it needs some work But uh I I found a guy that's a friend of mine that actually wants to re you know rebuild it but just you know he has to structurally build something and then take it all down piece by piece and move it to this other location to put them. And that's that's that spot and the spot that we picked behind those bushes there is probably the flattest two spots because there's a there's some topography like the there's a hill that goes down kind of behind.

Yeah. Each one of these lines on this plan that I'm sharing on my screen that's a two-ft drop. So, right, you know, we showed it either running, which this would be running downhill. I know Chris thought that might be a good solution because it's narrower from Old State Road, and I know in his original submission, he had had it located back here by the barn, but when we went and took the photos and got more information from the site, this is from across the street from the neighborhood. It's like if it's where the barn is, it's going to be maybe more visible than placing it back behind that little roundabout center vegetation.

Yeah. And we want to we want to make it the the least intrusive to the people that live around there. We're not trying to make a big, you know, you know, do anything that's going to, you know, cause any issues with the other people around there. And if and if it if the recommendation from you guys is that we put it in a specific spot and put some plants around it, we're going to do whatever you ask or whatever the you know whatever the surrounding people or what you know we'll take feedback from anybody and and be willing to try to accommodate everybody if possible. Have you looked into I mean a 40ft container is kind of long. Um have you looked at maybe smaller containers?

Yeah, we could do a smaller one. We talked about that as well. I could I figured it's better to choose the biggest one and then if you if we have if we need to go down to a smaller one then or or that's the recommendation then that's fine too. It just it's it's like you know what pick your poison you know it's kind of like you know you go ask for the worst and hope for the best or whatever you want to say about you know I mean I don't it doesn't have to be 40 feet. I mean, I'd like to have 40 feet just to have plenty of storage. But if that if that's not the recommendation that you give or you feel like it's better if I do uh what the 20footer or whatever the halfsiz one, then that's fine, too. I'm not going to complain about it. You're doing me a favor by letting me store stuff over there so I don't have to find a place to store it and haul it back and forth.

Right. I think what what the board would be thinking about is, you know, how to accommodate everyone's wishes. Sure. And um look, I want to be friends with all my neighbors. I don't want to I I don't want to go start off on the wrong foot with with everybody. I mean Okay. All right. Thank you, sir. Any other questions for the petitioner, Mr. Gman? Yes.

Well, the uh original question that was put forth by one of our members was why there was a need for the variance in the first place. And the answer in some of the sheets I've seen was to store construction equipment. And the um answers that I've heard today is that it's to store equipment to maintain the uh property because it hasn't been worked on for a long time and it needs certain maintenance. um sort of ambiguous on that. So I'm wondering um whether um from the parks and recreation there when you have a new development and uh on a large acreage, this is I guess medium, not exceedingly large, but you could build multiple houses. Is it normal that you would have a um uh you would allow for uh trailers like this to be put on site when you were preparing a large redevelopment in an previously undeveloped acreage?

Mr. are given there has to be some type of approval from the city to accommodate a temporary trailer. So in the case of a display trailer, we have a preliminary plat that's been approved by the planning and zoning commission knowing that there are x amount of lots that are going to be developed and the developers proceeding forward. So there's always some level of improvement. In this case, construction trailers would be allowed once the building permit is issued, which means the cities authorize the building permit process to proceed with St. Louis County. So, the only exceptions are the pods that people use occasionally in their neighborhoods to basically move some when they're moving or moving moving out, moving in. We do accommodate those, but those are on a 30-day window. So, if I understand uh what you're saying, Mr. Vunich, it's common uh to um seek approval for something like this when a new acreage is to be developed. Yes, sir. We have this um we have um Fisher Fry who's doing a project up at the corner of Route 109 and Route 100. They're pursuing their display trailer right now. Thank you.

Any other questions for the petitioner? Thank you, gentlemen. Appreciate it. Thank you. At this time, um, are there any individuals either online or in the audience who would like to speak to this matter? And I'm I know there are. So, yes, Mr. Chair, I have a speaker card from Mr. Neil Schmidt. Okay, Mr. Schmidt, is it? Yes. If you would state your name, your address, relation to the property, and then um just remember you have five minutes to make your comments.

Again, my name is Neil Schmidt. I live at 357 Mission Bay Court in Wildwood in Lake Chesterfield. And my property abuts that property. And my question is, number one, we need we need to get you sworn in. Okay. Okay. So, if you'd raise your right hand, Courtney, 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. Yeah. Okay. Please.

Uh my question uh for the owner is I'm a little bit concerned about where that trailer is going to be placed. If it's not going to be placed in the front of his property close to Old State Road, uh I have no problem with that. If it's down closer to my property, uh I have a problem with that. So, that's just my concern for that. Uh secondly, uh I'll just throw this in. He has some old growth trees on his property that abut my property and there's a fence there. It is not our fence. It was the previous owner's fence. And I'm a little bit concerned about if he could trim those at some point down the road because I'm thinking that it they're going to get hit by lightning. They're going to get hit by a large windstorm and they're going to be over on my property. Okay. Yeah. I think that second concern is something that maybe the board isn't going to be able to really deal with

right now. Your first your first concern is about the location of the trailer of the of the trailer the container. Um based on the presentation given by Mr. Young and what we saw in the presentation by Miss Keith, it shows basically where that container would be located behind this growth of honeysuckle or whatever. So, now that you know that, how do you you feel okay with that? Again, I have no issue if it's going to be closer to Old State Road uh than to my property.

Okay. if for some reason that it's not going to be amendable to place it there uh and he determines that I'll place it somewhere else. I do not want to be looking out my my uh kitchen window uh at a trailer for 6 months. Okay. And your property, just to be clear, isn't it's north of his property, correct? I live in Lake Chesterfield, so I'm assuming it's north of his property. Yeah. I'm trying to remember. I'm having a hard time determining northeast, west. Yeah, I think I think that's probably where your property is. Yeah. Okay. Thank you, Mr. Schmidt. Are there any Do you have anything else to add? No, sir.

No. Okay. Any questions for Mr. Schmidt? Mr. Gilman. Well, I think that's a valid concern in that um the exact location hasn't been specified and the owner has um said that he's willing to locate it um wherever. And so I I think that the point here would be that as long as they stick to the preliminary um location then it would be acceptable. Yeah.

Yeah. And you know on the trees um Wildwood city law um requires that uh the trees can overhang and then you have you have to trim them at your own costs. My understanding, right? They're again on his property. Yeah, it doesn't matter. I I I had the same issue. Last spring we had two trees cut down on the fence. Well, unless they're uh Well, that's different. Yeah. Then then you can make anyway. I don't want to take up the committee's time with that. Yeah. The previous owner's uh grandsons actually uh clean that up. So, that's just a concern. Thank you.

Thank you, Mr. Schmidt. Thank you. Okay, Miss Keef, do we have another I know we have at least one more speaker card. Yes. Uh Mr. Chair, we have Mr. Phil Luther representing the Fair Haven subdivision. Okay. Would you say Dooker Luther? Luther. Sorry. Sorry. Sorry. Okay. Mr. Luther, if you would state your name, your address, your relationship to the property, and then we'll have to get you sworn in. And remember, you got five minutes to make your your make it fast. Okay.

Uh I'm Phil Luther. I live at 16251 Lakeshore Meadows Court uh in Wildwood. Uh I back up directly to uh Old State Road. Okay. And um I'm here uh representing Okay. Oh, be before you go on, we have to get you sworn in. Okay. Sorry, but we I do. Okay. All right. So, Miss Miss Courtney, 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? I do. Thank you.

All right, Mr. Luther, you may now proceed. Um, we do like to see the development going across the street. By the way, um, we as trustees uh have looked at uh the old property that was there for a long time. The house is falling down and the barn is uh pretty much gone. Um, it's nice to hear that it's a one home setup on 10 acres. We like that. Um, we're not opposed to a storage container. What we're concerned with is the size. You know, the storage containers come out in 20, 30, and 40 foot. Um, I personally have a 20-footer out at my farm that I store a lot of stuff in. Lawnmower, um, some other things as well. We think that a smaller container would be better. Uh, so we oppose the size but not necessarily the the storage container itself. Um we also asked um initially we talked about and would ask 100 foot setback from Old State Road. Uh but we understand from seeing the pictures um that 50 to 100 foot setback would be better uh for them. Uh we understand that as well. Um, we're hoping that uh you'll get approval here shortly for the rest of his um uh

site uh mulching. Uh the mulching that was done so far has been great, but there's a big pile next to the barn. That'll be something that you'll have to do. Uh we just were concerned about the length of time as well. Uh because we in the subdivision have had a couple of the uh storage uh you store the stuff out there uh in the streets that uh one in particular we had uh that lasted uh between 6 and 8 months and finally um got the owner to get it removed. So we we would like for you to set a specific time frame for for the facility that's boxed. Um, we also it it shows that it's going to be a a yellow container. Um, we think a dark green would be better that would fit in with the um with the u the shrubs and the bushes and the honeysuckle that's sitting there. Not sure that can be done, but um I thought I'd bring that up as well. Um, it looks like the variance right now requested is 6 months, but we'd ask that you put at least a 12- month time limit on the variance. Any other questions?

I think I'm okay. I Okay. Your your last comment in particular, when you say a 12, what do you mean 12 months? You mean well explain that more. Uh how long is the variance that he is requesting going to last?

Well, they have 6 months to do what they've requested in the variance. Okay. They have 6 months to do that once they in this particular case. And if I'm wrong, correct me Mr. Vicher or Miss Keefe. Once they place the container on the property, if it were approved, the clock starts at that moment. They have six months to get a building permit from the city. So, those are the time frames that we're talking about here. So, they have 6 months to actually put a container on it and then at that point they have six more months before they actually, you know, be before they have to have approval for their From the time that it's approved, uh, he has six months to basically start construction.

No, no, no, no, no. He has six months to do what he's requesting in the variance, which is to put a temporary container on the site. 6 months to put the temporary container on to put it. Now once the container is put on the site that clock starts as is recommended by the department they have 6 months from that moment to where they get a building permit. Okay. So so I think the important thing to to be clear on is the container can only be there for 6 months without having a building permit. Period. The end per per the recommendation of the department. Sure.

Yeah.

Uh so the picture that they showed of the storage container showed a entry door on the side which is kind of an office type setup. Um you know our concern is is that it it's just awful big uh for our neighborhood. We see it every time we pull in and out. Um had a number of neighbors that have asked as asked us as trustees about that and we're concerned. We're not opposed to a storage container. We're just concerned about the size and where it's going to be located. We'd like for you to be able to put those limits in place if the variance is approved. And so when you say you all would like for the container to be smaller, if it were if it were reduced by 25%, it would go from a 40ft container to a 30ft container.

That's correct. How would you feel about that? Um, we would prefer a 20, but we're not opposed to a 30. The 40 foot would hang over both sides uh of the entry area, I think. Um, okay. Um, Mr. Chair, we're at five minutes. If you like, you'll need to extend the time.

Um, I think we can go just a couple more minutes. I think we're just about finished, but thank you, Mr. Vunich, for helping keep an eye on the clock. Uh, any other questions? Thank you, sir. Um, I think what I'm hearing you say is as long as you can hide the container as best as you can and they've they've committed to trying to do that and if they could shorten it from 40 to at least down to 30, then you all would be fine with it. We're not opposed to it at that point. Okay. You're not opposed to it. Okay. That that helps us understand where where you're at.

Thank you, sir. Any any other questions for for uh the the individual here? Okay. Uh thank you, sir. Any other people in the audience who are online who would like to speak? Mr. I have no more secret. It looks like we have one more. Looks like maybe we're going to have another one here.

Blood. All right. So, a few again the routine is your name, your address, relationship to the property, and then we'll get you sworn in. Okay. My name is Charles Blood. I live at 1566 Old State Road and uh as as a resident of Old State Road, um I'm concerned about Wait, wait, wait, wait, wait. We need to get you sworn in. Okay, Courtney, please. Uh 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.

Hey, please proceed. Yeah. So, um I just have a question and I don't know that this assembly has any knowledge of it, but they're running sidewalks from Ridge Road down to Fair Fairway. Do you know if that sidewalk is going to go through this property? Um reser bicycle without having be out on Old State Road.

And Mr. Munich, would you like to take a crack at that? Mr. Chair, we are the city of Wildwood is going to build a multi-use trail along the north side of Old State Road. And yes, it we've obtained easements through this property for that purpose. Okay, there's your answer. Thank you. Are there any other individuals who would like to speak? Mr. Chair, have no more speaker cards. I do have two individuals online. If they would like to speak on this matter, uh they may use the raise hand feature at this time.

Thank you. At this time, uh would anyone like to hear an oral presentation of the department's report? No. Okay. If the board I mean if the uh department would like to make their final comments and recommendations this would be the time.

All right, Mr. Chair, members of the board, uh the department is supporting this request conditioned upon uh the shipping container uh being limited uh to a six-month time frame um as a temporary use and conditioned upon a landscape screen around it. um with the intention of the department is to replant said landscaping uh elsewhere on the property after which time uh this variance expires. Uh the reason the department is supporting the variance request is the property is of a significant size um and certainly very visible from a main arterial roadway. Um so uh we believe it's to the the community's benefit to maintain the property um as uh the petitioner prepares it for construction. Uh we also believe that there are uh ways to minimize the impacts of the structure uh through the existing tree buffer as well as this landscaping component that's recommended. Uh furthermore, we would just note uh that in agreement with the petitioner, we don't see uh the historic barn on site as a alternative location for storing materials. Um and it is to the city's um and community's benefit uh that the petitioner does preserve the structure by deconstructing it and relocating it to another property. Um the petitioner is actually partnering with the historic preservation commission to do that and providing us time lap time lapse videos and photos uh throughout the process so that we can promote historic preservation in wildwood. Um so uh given those findings of fact uh the department uh again does support this request provided that some of those conditions are also met. Thank

you. Uh, Miss Keith, when you talk about a landscape screening plan, would that would that entail um plantings that would eventually get removed after the temporary container is there is removed? Uh the department's intention with any landscaping that's planted as a screen around the container is to then replant that landscaping on the same property after the container is removed. Okay. All right. Thank you. Any other questions here? Mr.

Is that a feasible or common practice? because I believe the petitioner uh mentioned um that sort of a distaste to uh planning things and then having to remove them in his comments. It's not typical but feasible as is a request to place a container prior to construction is not typical but feasible if the board agrees. Thank you.

Yeah, it does seem like if if one were to go down that path, you know, anytime you uproot vegetation, you always run the risk of it not surviving the transplant. And so it seems like it would be preferable to not have to do that just for that reason. But if it were absolutely necessary, well then well then that's, you know, part of the plan. the department provides a recommendation to the board members. Obviously, the board members can modify that recommendation um and the conditions associated with it. So, it's really if you feel it's not necessary based upon the testimony and evidence provided by the property owner, certainly we understand.

Sure. Sure. Very good.

Yes. I'd like to say that I support the idea of the vegetation screen. Um, I think there may be an issue with the lack of specification of what exactly it would entail, like what bushes, what trees, what what would be put there. Maybe maybe that was in the detail that I didn't see. Um but I think to make it feasible um it would be uh and given the um petitioner's um distaste at doing it, it would be necessary to specify as fully as possible what that exactly would be. You know the uh how long it would be. Would it be all 40 ft if you did the box that way? Or if you did it the other way, would it, you know, so it needs to be detailed? And Mr. Gilman. In the past, when the departments asked for some type of landscaping scheme or plan, the board has generally allowed the staff to make that determination knowing that we'll use the city's arborist. We'll uh reference our tree manual and we'll always lean toward natives and appropriate size natives. So as if they can be replanted there's a high probability they'll survive the replanting. So unless you want to see the landscape plan which is something the board can request and certainly we'd be glad to provide the Robin and others in the department will review it ensure that the intent of the board's action is met and then we'll hand it off to our bursters to actually implement.

Excellent. Thank you.

Another another way to perhaps mitigate the um the visual impact to the neighbors, you know, prior to construction and so forth, um would be to make the container smaller. Um, if if there's already a growth of our wonderful honeysuckle that seems to be everywhere, it provides a heck of a screen. It really does. And maybe instead of having a 40ft container, you go down to a 30ft container or a 20ft container. Um, if what you're really if what the petitioner is asking for is a structure that they can put a lawn mower in, may that kind of property, you're going to have a riding mower of some sort. You're going to have chainsaw. I mean, you're going to have equipment to maintain that property. But even a 30-foot container is provides quite a bit of space and could help considerably with the requirement of the landscape plan may even may even mitigate the need for that if it can be nestled in behind the u behind the honeysuckle as as a petitioner has suggested. So I think at least personally I think 40 ft is probably bigger than they really need. I think 30 foot would be plenty and I think they could get by with 20 but but I would if we do move forward I would recommend that we consider going down to a 30 foot and then I'd be a little careful on how much requirement we'd put on the landscape plan. I know it's important and we want to we want to take care of the neighbors. Um but if you can get that thing nestled in behind the honeysuckle, it's provided the screen that we're all looking for. So anyway, those are my

comments. I welcome other folks perspective on that.

Okay. Um Mr. Barnolino would like to hear from the petitioner about downsizing from a 40-footer to a 30-footer. Uh that is fine. I have no problem with that. In fact, I walked I have a one of those little roller measuring things and I walked the honeysuckle area this morning and it's from the honeysuckle to the elm tree. The outside edge of the elm tree is 44 ft. So if I put a 30 even a 30-footer or a 20footer it I just took a picture of one that I one that a guy had that I know that I went to high school with that sells those things. So it doesn't have to be that particular one that's in the picture. I mean I I he had that one available at the time. he had, but he had a bunch of them available at the time. So, it doesn't have to specifically be the one in that picture. We can pick one that doesn't have a door or a window in it or whatever. Um, the the size doesn't matter to me. It's just being able to leave things over there and not have to worry about them getting stolen and not have to haul things back and forth. I I live 15 or 20 minutes away, but I don't even have that. Right now, I have a storage place with stuff in it that I'm renting that I could just not have to rent anymore and have a place to store it over on the property. I'm talking about stuff for the property, not just general stuff. But, um, I have no problem um downsizing to a 30 or a 20, what, you know, I'm kind of it's whatever's available at the time because these things come in and out of these companies all the time. And I and if I can find something that'll accommodate them on the color that he mentioned, the other gentleman mentioned, I'm fine with that as well. I mean, if if it it doesn't have to be that color. In fact, I even looked at like trying to find a cover for it that was like Uline makes these covers that are like 16 by 20 that you could I was thinking about trying to get two of them and maybe it's just like a camouflage cover that could you could put over the whole thing so it wouldn't be as noticeable. But I mean, there's I'm

happy to do whatever you guys want. I'm, you know, I appreciate the the the the um Robin and her team working on a plan to let me put it where the barn was, but after I was thinking about it and the fact that they would it's more visible from Old State Road and across from this gentleman's subdivision, you know, to to see it when he pulls out every day. If if I put it behind the honeysuckle and and it especially if it's smaller, then it's going to fit back there because like I said, that's a 40 foot width. And if I take off the tree, that's probably four or five feet. So, it's still over 30 feet. So, I mean, if I put a 30ft one back there, it's it still should be covered by the honeysuckle and not be seen. Um, and you know, so I just I all I wanted to do is just let you guys know that I have no problem with whatever you guys decide or whatever you want. I want to be accommodating to the to my neighbors and to the city and do the right thing. Well, with with that statement, um I would then even advocate for a 20-footer.

Okay? Because that would that even is smaller, less visible to the neighbors, would even help with a landscape screening plan. You know, in this case, smaller is a little bit better. And I think even a 20footer, you can still get a zeroturn mower in there. You know, other things you can, you know, it would give you enough space. Um, you probably won't have a square dance in there, but you'll, you know, you'll be able Well, I'm not looking to have any parties, but but I think it would serve the purpose that you're, you know, trying to to to achieve. So, um, so my feeling would be, well, let's just bring it down to a 20-footer, get that thing nestled in there behind that honeysuckle and, okay,

and be good. That would be my thoughts. But again, I would be open to, you know, invite other board members to to share their perspective on that. Mr. Bernolino, what do you think? Oh, yeah. I think that's that's perfectly fine. Um, does that mean that we would not have to approve a landscape that the board or the committee would not have to approve a landscape um design? A screening plan. Screening plan. If we went to 20 ft, if we go to 20t, it almost seems like there's not really a need for that. Okay. At 40t, I'd say yeah. Okay. But at 20 ft, I don't know that there would really be much of a need for that. Okay.

But that's up to us as the board. Mr. Gilman, your thoughts?

Well, I I just have a lot of uh faith and trust in the uh parks and recreation. And if they recommended a screening through vegetation, I would um prefer to Yeah. Yeah, if we cut it, if it's cut down to 20 ft, that's great, but leave the option of um the honeysuckle not being sufficient to cover it and therefore keep the vegetation screening within the variance and let um Mr. Brunic and his team determine whether or not the honeysuckle is sufficient.

So why don't we maybe ask Mr. Vunich and I guess I will ask um is it conceivable? Yeah, you're Thank you, sir. Um is it conceivable that like that cluster of honeysuckle growth would be sufficient as a screening plan? My is that unlikely? My suspicion it is, but certainly as Mr. Gilman has described, once the trailer is placed, we can go out and do an analysis and if landscaping is necessary, then we can work from that point. If it's not, we certainly won't require it.

Okay? So, if we leave the landscaping plan as part of the requirement in the variance, that doesn't necessarily mean that they're going to have to plan a whole bunch of bushes or whatever unnecessarily. The department will evaluate whether additional screening would be necessary.

Correct. I think Mr. Gilman is saying in if come the smaller trailer and the honeysuckle um doesn't do adequate screening from across the street the south side of Old State Road then the department would have the discretion to ask for a few additional plings if necessary and we'll be um judicious in how we do it. We're not going to ask for something that's not necessary.

Sure. Very good. Thank you for that clarification, Mr. Bunich. Good comment. Okay. Any other thoughts, comments uh on this particular variance request? If not, I'm going to go ahead and close the proceeding for a vote. And um I would like for someone to make a motion to approve, deny, or approve with certain conditions. Anyone want to make a run up the hill? Mr. Bartalino,

I'll make the motion. Uh, I would move that the board approve the requested variance for a storage container which can be no greater than 20 foot in length for a temporary period of 6 months conditioned upon the Department of Planning's approval of a landscape screening plan. Thank you, sir. Uh, do we have a second? I'll second. Mr. Morris, you second it. Okay, let's go ahead and um do the roll car. Roll call here. Um Mr. Gilman, how do you vote? Uh I approve. Mr. Morris, how do you vote? Approve. Mr. Bolino, how do you approve?

And I likewise approve the variance requests as made motion by Mr. Bolino. Okay. Thank you uh all. I think that concludes the cases that we have for tonight. We do have a little bit more business here. So board don't board members don't don't run away. Don't look for the exits yet. Here um we do have a couple more items of which only one is going to be dealt with. It is um at the beginning of the year we elect officers for the board. Uh seeing that um several of the regular members are not here, uh we are planning to defer that until the next meeting. Okay. And so the final item on uh tonight's agenda would be to approve the minutes of the prior meeting. And so if someone would like to uh make a motion to approve those minutes, this would be the time to do that.

I'll make a motion to approve. Okay. Thank you, Mr. Morris. Do I have a second? Yes, I second. Thank you, Mr. Gilman. And so, um, Mr. Morris, how do you vote? Approve. Mr. Berdolino, approve. Mr. Gilman, approve. And I likewise approve. Thank you all. This concludes tonight's meeting of the board of adjustment. Thank you all and happy new year.