BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO JULY 20, 2015

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1 BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO JULY 20, 2015 The Board of Adjustment of the City of Town and Country met at 6:00 P.M. on Monday, July 20, 2015 at the Municipal Center, 1011 Municipal Center Drive, Town and Country, Missouri, ROLL CALL The 6:00 PM roll call indicated Chairman James Crowley, regular members Joseph Brinker, Matt Meyer, Dr. Sam Hawatmeh and alternate member Chris Barclay to be present. Chairman James Crowley presided. In City Attorney Steve Garrett s absence, Attorney Ed Sluys represented the City. Also present were City Clerk Ashley McNamara and City Planner Melanie Rippetoe. APPROVAL OF MINUTES 06/29/15 Dr. Hawatmeh moved for approval, seconded by Mr. Meyer. Chairman Crowley called for any amendments or corrections. Hearing none, the minutes were unanimously approved by voice vote. SAFETY AND SECURITY Chairman Crowley reminded everyone that for the security and safety of everyone in attendance, the Board of Adjustment has a zero tolerance policy when it comes to any outbursts, etc. PROCEDURE REVIEW Chairman Crowley reviewed the hearing procedure. PUBLIC HEARING A court reporter with Midwest Litigation Services was present to record the public hearing. 1. Case No On the request of Tyler and Tiffany Frautschi, owners, for variances from Section E.4. of the Zoning Regulations regarding fence height and construction material requirements. The variances are necessary in order to construct a fence on the property at 1865 S. Mason Road, located in the Suburban Estate (SE) Zoning District. Attorney Sluys clarified that while Tiffany Frautschi is a current Alderman, she is before the Board of Adjustment as a resident with the same rights and regulations as every other resident. He stated that any member could recuse themselves if they weren t able to be fair and impartial given that she is an Alderman. There were no recusals. Attorney Sluys entered the following exhibits into the record: A. Application for Appeal, received by the City of Town and Country on June 19, B. Narrative for Appeal, 2-pages.

2 Board of Adjustment Page 2 of 6 July 20, 2015 C. Letter from Melanie Rippetoe, City Planner, to Tiffany Frautschi, dated August 6, 2014, 1-page. D. City of Town and Country Memorandum from Melanie Rippetoe, City Planner, dated July 20, 2015, 2-pages. E. Typewritten notice of hearing posted at the Municipal Center and on the subject property and mailed to property owners within 300 feet with a list of property owners attached. F. Affidavit of Publication of notice of hearing published in The St. Louis Countian on July 5, G. Rendering of fence and information regarding material. H. Aerial photo with the existing and proposed fences marked. I. Photo marked similar fence at Longview. J. to Tiffany Frautschi from adjacent neighbor Kevin Morrell, dated July 3, K. Boundary Survey completed in September 2013, 1-sheet. City Planner Melanie Rippetoe was sworn and testified on behalf of the City. Ms. Rippetoe stated she is familiar with the property that is located in the Suburban Estate (SE) District. She added that there are no previously granted variances but there is a previously existing nonconformity for a stable on only three acres. She explained that Section E.4. requires that a fence be wood, masonry or wrought iron and no taller than four feet. The proposed fence is to be 54 inches tall, necessitating a six inch variance and will be HTP tensile wire thus requiring a variance for construction materials. Tiffany Frautschi was sworn and testified. She described the project to include a fence for two sides of her property that would join with the neighbors existing fence. She stated that the fence was necessary to ensure the safety of her horses and others, including errant hikers from Queeny Park. She explained that the proposed fence would allow existing woodlands to stay intact, has 1,400 pound break strength and has a 20 year life. Ms. Frautschi stated her hardship to include her yard being located mostly in front of the home and also that a masonry or wrought iron fence would be detrimental to the forest and the safety of her horses. She clarified that she will not be replacing the existing electric fence on her property. In response to Chairman Crowley, Ms. Frautschi stated that the rails will be four feet tall but the posts are manufactured at a 54 inch standard height thus the reason for the variance. She also explained that the fence would be safer for her horses because of the break strength. Chairman Crowley called for public comments. Hearing no further comment, Chairman Crowley declared Case fully presented at 6:19 PM. A brief recess was held at 6:20 PM. The meeting reconvened at 6:21 PM with all members present.

3 Board of Adjustment Page 3 of 6 July 20, 2015 Chairman Crowley called for unanimous consent in favor of granting the variance as stated. Hearing no objection, the vote was as follows: Chairman Crowley- AYE Mr. Brinker- AYE Dr. Hawatmeh- AYE Mr. Meyer- AYE Mr. Barclay- AYE The decision of the Board of Adjustment to grant the requested variance is as contained in the Decision and Resolution, Case No , filed with and made a part of these minutes. 2. Case No On the request of Wallace Smith, representing the Missouri Athletic Club, owner, for variances from Section A.6 regarding minimum green space requirements, Section A.9. regarding allowable maximum floor area percent and from Section A.10. regarding allowable maximum building coverage per lot. These variances are required in order to construct a building addition at 1777 Des Peres Road, located in the Estate (E) Zoning District. Mr. Meyer recused himself due to a perceived conflict of interest and left the dais as he is a member of the Missouri Athletic Club. Attorney Sluys entered the following exhibits into the record: A. Application for Appeal, received by the City of Town and Country on June 22, B. Narrative for Appeal, dated June 22, 2015, 1-page. C. Letter from Melanie Rippetoe, City Planner, to Larry Absheer, dated June 18, 2015, 2-pages. D. City of Town and Country Memorandum from Melanie Rippetoe, City Planner, dated July 20, 2015, 2-pages. E. Typewritten notice of hearing posted at the Municipal Center and on the subject property and mailed to property owners within 300 feet with a list of property owners attached. F. Affidavit of Publication of notice of hearing published in The St. Louis Countian on July 5, G. Site Plan, dated and sealed 07/10/15, 5-sheets. Mr. Sluys also entered the applicant s PowerPoint presentation into the record as Appellant s Exhibit 1 and labeled it as such. Having been previously sworn, Melanie Rippetoe, City Planner, testified on behalf of the City. She stated that she is familiar with the property and that it is located in the Estate District. She reported that there were four variances granted to the Missouri Athletic Club (MAC) in 2002 for setback, parking spaces, floor area percentage and building coverage percentage. She explained the current request is in conjunction with an Amended Final Site Development Plan for a building addition. The required variances are for 40.96% green space, floor area percentage and 13.59% building coverage percentage. She clarified that the amounts noted represent the cumulative variances needed which include those amounts that were previously granted.

4 Board of Adjustment Page 4 of 6 July 20, 2015 Steven Burns, project manager, was sworn and testified on behalf of the applicant. Mr. Burns confirmed for the record that the Missouri Athletic Club would like to proceed knowing that there were only four voting members for their case and it would thus require a unanimous vote. Utilizing the above referenced PowerPoint presentation, Mr. Burns displayed the proposed site plan and described the proposal and minimal variance changes. The floor plan, landscaping and renderings of the new lounge and patio were also shown. He also displayed and described various elevation renderings and pictures of the building and site. He explained that the materials will match the existing building. He also reported that the neighbors were supportive of the proposal and displayed s detailing such. Mr. Burns stated the hardship includes the loss of membership numbers and this addition is part of the effort to attract new members by making a formal adult space as well as a separate family area. He added that given the building s layout, no changes could be made without needing variances. Chairman Crowley called for public comments. Hearing none, Chairman Crowley declared Case No fully presented at 6:40 PM. Chairman Crowley called for unanimous consent in favor of granting the variance as stated. Hearing no objection, the vote was as follows: Chairman Crowley- AYE Mr. Brinker- AYE Dr. Hawatmeh- AYE Mr. Barclay- AYE A brief recess was held at 6:42 PM. The meeting reconvened at 6:44 PM with all four members previously participating present. The decision of the Board of Adjustment to grant the requested variance is as contained in the Decision and Resolution, Case No , filed with and made a part of these minutes. Mr. Meyer returned to the dais. 3. Case No On the request of Daryll Yahl, representing Nick and Jamie Botonis, owners, for a variance from Section B.8. of the Zoning Regulations regarding maximum principal building height. The variance is necessary in order to construct a new home on the property at Clayton Road, located in the Suburban Estates (SE) Zoning District. Attorney Sluys entered the following exhibits into the record: A. Application for Appeal, received by the City of Town and Country on June 22, B. Narrative for Appeal, 3-pages. C. Letter from Melanie Rippetoe, City Planner, to Daryll W. Yahl, dated June 15, 2015, 2-pages. D. City of Town and Country Memorandum from Melanie Rippetoe, City Planner, dated July 20, 2015, 2-pages. E. Typewritten notice of hearing posted at the Municipal Center and on the subject

5 Board of Adjustment Page 5 of 6 July 20, 2015 property and mailed to property owners within 300 feet with a list of property owners attached. F. Affidavit of Publication of notice of hearing published in The St. Louis Countian on July 5, G. Site Plan, sealed and dated 06/22/15, front/right rendering and front/right elevations, 3-sheets. Having been previously sworn, Melanie Rippetoe, City Planner, testified on behalf of the City. She stated that she is familiar with the property and that it is located in the Suburban Estate Zoning District. She added that there are no variances currently associated with the property. Ms. Rippetoe described the request to be for the construction of a new home that will require a maximum principal building height variance from Section B.8.of 5.5 feet, as the home is proposed to be 45.5 feet tall. Daryll Yahl, architect, was sworn and testified on behalf of the request. Nick Botonis, owner, was also sworn and testified on behalf of the request. Mr. Yahl stated that the home will be 198 feet long, and as such, they re trying to break it up so it remains attractive. He also mentioned that to reduce the main peak down to the allowable 40 ft. height would drastically reduce the appraisal of the home. Mr. Yahl added that the home will sit back 140 feet from the street on a lower grade than the street level so the appearance of the additional height is diminished. He stated their hardship to include the aesthetic appeal of the home and also that the length of the house, room sizes and ceiling heights needed to be supported structurally. In response to Mr. Meyer, Mr. Yahl confirmed that the center roof peak was the only part of the roof line that exceeded the allowable height. Mr. Botonis added that an additional hardship would be the years of planning time and cost along with the valuation of the property. Chairman Crowley called for public comments. Kelly Britt, resident, was sworn and testified. She stated that her property backs to the appellant s and made a general comment regarding her concern that variances granted should not affect other homeowners around the property. Jeff Chaney, resident, was sworn and testified. He inquired about the setback of the existing house and asked if the appellants had reached out to the neighbors. Mr. Yahl clarified that the proposed home will be about 60 feet closer to Clayton Road than the existing home. Dawn Dehaven, resident, was sworn and testified. She stated that her property backs to the appellant s. She confirmed the nature of the requested variance and that there would be notification made if additional variances were sought in the future. She stated that there is a concern about water runoff from a sizeable house but that she is not opposed to the current request. Discussion was held regarding the location of the speakers homes and other neighbors to the appellant s property. Chairman Crowley stated that the basis of a hardship cannot be financial after which the appellant/owner requested a brief moment to discuss with his architect. A brief recess was held at 7:10 PM. The meeting reconvened at 7:11 PM with all members present.

6 Board of Adjustment Page 6 of 6 July 20, 2015 Mr. Yahl added that because of the size of the home, the height of the roof has to accommodate the ceilings and also keep the building in proper aspect and appearance. In response to Dr. Hawatmeh, Mr. Yahl stated that the new home would add considerable value to the surrounding neighborhoods. Mr. Crowley called for final public comments. Ms. Dehaven wished to state for the record that she would want the additional 5 feet if she were the appellant. Hearing no further comments, Chairman Crowley declared Case No fully presented at 7:14 PM. A brief recess was held at 7:14 PM. The meeting reconvened at 7:15 PM with all members present. Chairman Crowley called for unanimous consent in favor of granting the variance as stated. Hearing no objection, the vote was as follows: Chairman Crowley- AYE Mr. Brinker- AYE Dr. Hawatmeh- AYE Mr. Meyer- AYE Mr. Barclay- AYE The decision of the Board of Adjustment to grant the requested variance is as contained in the Decision and Resolution, Case No , filed with and made a part of these Minutes. ADJOURN There being no further business, the meeting adjourned at 7:17 PM. Respectfully submitted, Ashley McNamara, City Clerk

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