Catherine Dreher; Gerry Prinster; Kevin DeSain; David Bauer; and Vicki LaRose

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1 MINUTES OF REGULAR MEETING ST. CHARLES COUNTY BOARD OF ZONING ADJUSTMENT DATE: June 1, 2017 TIME: PLACE: 7:00 P.M. COUNTY ADMINISTRATIVE BUILDING 201 NORTH SECOND ST. FIRST FLOOR MULTI-PURPOSE ROOM 116 ST. CHARLES, MO MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Catherine Dreher; Gerry Prinster; Kevin DeSain; David Bauer; and Vicki LaRose Robert Sundermeyer, Alternate Board Member; Robert Boschert; Alternate Board Member Ellie Marr, Senior Planner; Annisa Kumerow, GSR; and Sheila Weiss, Recording Secretary SPEAKERS: App. VAR17-03: Adam Field, Owner Representative, 7710 Carondelet Avenue, Suite 217, St. Louis, MO 63105; Wayne Nolting, 63 Farmview Lane, Foristell, MO 63348; Jack Thompson, 75 Farmview Lane, Foristell, MO 63348; Timothy Hilderbrand, 85 Farmview Lane, Foristell, MO App. VAR17-04: Michael Johnson, Owner, 200 Old Farm Lane, Augusta, MO 1. CALL TO ORDER Board of Zoning Adjustment Chairman Gerry Prinster, called the meeting to order at 7:00 PM. Following the Pledge of Allegiance Chairman Prinster welcomed the audience; explained the functions of the Board of Zoning Adjustment and the format of the meeting; and explained the procedures for speakers. Chairman Prinster also introduced The Unified Development Ordinance (UDO) and Zoning Maps of St. Charles County into the record. Page 1 Board of Zoning Adjustment Meeting, June 1, 2017

2 2. CHANGES TO THE AGENDA NONE 3. PUBLIC HEARINGS I. 79 FARM VIEW LN - VARIANCE REQUEST Application: Owner: Applicant: Variance Requested: VAR17-03 Nationstar Mortgage, LLC Martin Leigh PC Section D.3 - To vary the minimum side yard setback for a mobile home from 40 feet to 5 feet A, Agricultural 4.33 acres On the north side of Farm View Lane, Zoning: Area: Location: approximately 1,400 feet north of Highway W Council District: 1 Account No.: A000 Secretary Kevin DeSain read the variance request aloud. Chairman Gerry Prinster then opened the public hearing and asked the owner or owner s representative to approach the podium to explain the request. Adam Field, of Martin Leigh, P.C. on behalf of Nationstar Mortgage, was sworn in. Mr. Field stated that Nationstar acquired the property in 2013, pursuant to a foreclosure. The United States Department of Housing and Urban Development (HUD) rejected acquisition of the property due to the property s setback violation and lack of marketable title. Mr. Field stated that bringing the property into compliance with current zoning ordinances would cost approximately $6000. He stated that in order to bring the property into compliance, they would have to relocate the mobile home and install a new foundation, relocate the existing utilities, and add a new driveway. He stated that due to the fact that the property was platted in 1949 before zoning ordinances were in place, the property has unusual boundaries that do not directly border a public road. The property currently shares a driveway with properties to the west and the southwest. Mr. Field stated that bringing the property into compliance would cause practical difficulties to Nationstar Mortgage, which did not create the setback issue. Kevin DeSain asked when Nationstar Mortgage bought the loan on the property. Adam Field responded that Nationstar Mortgage purchased the loan in 2008, and acquired the property in 2013 due to foreclosure. Page 2 Board of Zoning Adjustment Meeting, June 1, 2017

3 Kevin DeSain stated that a title company should have been consulted in 2008, along with a legal survey of the land being performed. Adam Field responded that Nationstar Mortgage was not provided with information at the time that would have made them aware of the setback issue. Kevin DeSain stated that the property has been divided by deed several times, and needs to be brought into compliance. Adam Field responded that the variance would only apply to the existing structure, and is mitigated by the fact that Nationstar Mortgage is now trying to rectify the current setback issue. Dave Bauer asked how old the mobile home is. Adam Field responded that the mobile home was established in Kevin DeSain asked when the parcel containing the mobile home was created. Adam Field responded that he believes that the parcel was family-owned, and that the parcel was split among family members. He stated that the property has an easement to the driveway, and a Quiet Title judgment has been issued by the court addressing any previous boundary issues. Mr. Field stated that the cost of resolving the setback issue prevents the property from being conveyed. Chairman Gerry Prinster asked what would happen if someone else purchased the land. Ellie Marr, Senior Planner, stated that any variance granted would transfer to the new owner(s) with the land. She noted that if the mobile home is ever replaced, the new home would have to meet the required setbacks if the variance is not granted. Vicki LaRose expressed concern that a new owner wanting to replace the mobile home at some point in the future may not know about the setback requirements. They would then be forced to meet the required setbacks, and incur the additional expenses of relocating the existing utilities and adding a new driveway. Dave Bauer asked if Nationstar Mortgage had looked into the cost of removing the mobile home from the property. Adam Field responded that removing the structure would likely be much more expensive than moving the existing mobile home [if the variance request is denied and they are forced to do so]. Chairman Gerry Prinster asked if there was any recourse available to Nationstar through the title company. Adam Field responded that it depends on whether the title company is still solvent. There being no further questions for the owner s representative, Chairman Prinster asked if there was anyone in the audience to speak for or against the request. Page 3 Board of Zoning Adjustment Meeting, June 1, 2017

4 Wayne Nolting, 63 Farmview Lane, was sworn in. Mr. Nolting stated that the property in question has been split up five ways. Mr. Nolting stated that there is no water service to the mobile home, and the septic system is not up to code. He stated that the property originally had two mobile homes on it, and one has been removed. He stated that he believes Nationstar knew that the remaining mobile home did not meet the required setbacks when they purchased this loan. Kevin DeSain asked if Mr. Nolting s parcel is part of the split lot. Wayne Nolting responded in the negative. Jack Thompson, 75 Farmview Lane, was sworn in. Mr. Thompson stated that if the mobile home remains where it is currently located on the property, cars will block access to his property if they park on the access road. Mr. Thompson also stated that the bank foreclosed on the entire 15-acre tract because they didn t do their research, which caused legal difficulties to the surrounding property owners. Timothy Hilderbrand, 85 Farmview Lane, was sworn in. Mr. Hilderbrand stated that the property has been divided several times. Mr. Hilderbrand stated that Nationstar Mortgage foreclosed on the entire 15 acres, until a survey company determined that they actually only owned 4 acres. Mr. Hilderbrand stated that he was involved in title litigation with Nationstar Mortgage. He stated that Nationstar Mortgage required him to move his fence because it was 3 feet over their determined property line, leading him to believe that Nationstar should not be allowed to leave the mobile home five feet from the setback line. He also stated that he does not believe that the mobile home is affixed to a foundation. Adam Field, Owner s Representative, approached the podium to address the comments voiced by the neighbors. He stated that a number of people who previously spoke were given a Quiet Title order. Mr. Field stated that regarding Mr. Johnson stating that he incurred legal expenses from the Quiet Title litigation, Mr. Johnson had a Default Judgment entered against him which included a restraining order based on threats that that he made to block the driveway. Mr. Field stated that Nationstar will have to drill a new well to supply water to the mobile home, but does not think this should be a factor in whether or not a variance is granted. All of the issues mentioned by the audience have already been resolved through a court order. For the record, the Planning and Zoning staff received one letter in support of this variance request. Chairman Gerry Prinster then closed the public hearing, and called for discussion from the Board. There being no discussion, Mr. Prinster asked for a motion to approve this appeal. Dave Bauer made a motion to approve VAR17-03.The motion was seconded by Catherine Dreher. Chairman Prinster then called for a vote. The vote on the application was as follows: Page 4 Board of Zoning Adjustment Meeting, June 1, 2017

5 Vicki LaRose - No Dave Bauer - No Gerry Prinster - No Kevin DeSain - No Catherine Dreher - No Application VAR17-03 was unanimously DENIED. The vote count was 0 Yeas, 5 Nays, and 0 Abstentions. II OSAGE RIDGE RD - VARIANCE REQUEST Application: Owner: Variance Requested: Zoning: Area: Location: Council District: 2 Account No.: A000 VAR17-04 Michael N. and Carrie B. Johnson Section E.2 - To Vary the minimum required front yard from 50 feet to 37 feet for a detached garage A, Agricultural District 3.37 acres On the west side of Osage Ridge Road, approximately 2,000 feet south of Highway T Secretary Kevin DeSain read the variance request aloud. Chairman Gerry Prinster then opened the public hearing and asked the owner or owner s representative to approach the podium to explain the request. Michael Johnson was sworn in. He stated that the request is being made in order for them to build a detached garage 37 feet from the front property line, due to a large hill on the property. Secretary DeSain asked if Mr. Johnson had conducted a topographical survey. Michael Johnson responded in the negative. Secretary DeSain stated that Mr. Johnson should hire a survey company prior to construction. Michael Johnson responded that the property was surveyed. Mr. Johnson stated that adhering to the 50 foot setback requirement would cause the back end of the proposed garage to sit on a steep portion of the hill. For the record, the Planning and Zoning staff received one letter with comments regarding this variance request. Chairman Gerry Prinster asked if there was anyone in the audience to speak for or against the request. There were no speakers. Page 5 Board of Zoning Adjustment Meeting, June 1, 2017

6 Chairman Gerry Prinster then closed the public hearing, and called for discussion from the Board. There being no discussion, Chairman Prinster asked for a motion to approve this appeal. Kevin DeSain made a motion to approve VAR David Bauer seconded the motion. Chairman Prinster then called for a vote. The vote on the application was as follows: Vicki LaRose - Yes Dave Bauer - Yes Gerry Prinster - Yes Kevin DeSain - Yes Catherine Dreher - Yes Application VAR17-04 was unanimously APPROVED. The vote count was 5 Yeas, 0 Nays, and 0 Abstentions. 4. APPROVAL OF THE MINUTES FROM THE MAY 4, 2017 REGULAR MEETING Chairman Prinster asked the Board members for a motion to approve the minutes from the May 4, 2017 regular meeting. Dave Bauer made the motion to approve, and the motion was seconded by Kevin DeSain. The minutes were approved by unanimous voice acclamation. 5. OTHER BUSINESS NONE ADJOURNMENT OF MEETING Chairman Gerry Prinster called for a motion to adjourn the meeting. The motion was made by Dave Bauer and was seconded by Kevin DeSain. The motion to adjourn was approved by unanimous voice acclamation, and the meeting adjourned at 7:55 p.m. Respectfully submitted by: Page 6 Board of Zoning Adjustment Meeting, June 1, 2017

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