BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO SEPTEMBER 21, 2015

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1 BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO SEPTEMBER 21, 2015 The Board of Adjustment of the City of Town and Country met at 6:00 P.M. on Monday, September 21, 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 07/20/15 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 hearings. 1. Case No On the request of Mike Bozich, on behalf of Suzanne Bozich Trust, owner, for variances from Section B.4. of the Zoning Regulations regarding side yard setback requirements. The variances are necessary in order to construct a new home on the property at 951 Revere Drive, 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 April 21, B. Narrative for Appeal, 1-page. C. Letter of support from Revere Landing homeowners, 1-page D. Letter from Melanie Rippetoe, City Planner, to Mike Bozich, dated August 19, 2015, 2-pages.

2 Board of Adjustment Page 2 of 7 September 21, 2015 E. City of Town and Country Memorandum from Melanie Rippetoe, City Planner, dated September 21, 2015, 2-pages. F. 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, 2-pages. G. Affidavit of Publication of notice of hearing published in The St. Louis Countian on September 4, pages. H. Site Plan, sealed and dated 8/21/15, 3-sheets. He added that the record shall also include any and all other correspondence received either in support or opposition to the case. City Planner Melanie Rippetoe was sworn and testified on behalf of the City. Ms. Rippetoe stated that she is familiar with the property and it is located in the Suburban Estate (SE) Zoning District. She added that she is unaware of any previous variances or nonconformities associated with the property. Ms. Rippetoe stated that the variance request was related to a construction project for a new home. She explained that Section B.4. of the Zoning Regulations requires the sideyard setback to be 15% of the width of the lot from each side line, or 22.6 ft. for this lot. She concluded by stating that the plans show 18.1 ft. setback, necessitating a sideyard setback variance of 4.5 ft. on each side. Mike Bozich, owner, stated that because the lot is pie-shaped and narrow, the home would be pulled forward and out of line with the neighboring houses. He stated that he met with the Revere Subdivision homeowners and they voiced concern about the look of disjointedness with the other homes on the street. He explained that the plans were revised to move the home farther back to be in line which necessitated his variance request. He restated his hardship to be the very narrow and pie-shaped lot which made it impossible to be in line architecturally with the neighbors without a variance. Chairman Crowley called for public comments. Hearing none, Chairman Crowley declared Case No fully presented at 6:12 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- Mr. Brinker- Dr. Hawatmeh- Mr. Meyer- Mr. Barclay- A brief recess was held at 6:13 PM. The meeting reconvened at 6:14 PM with all members 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. 2. Case No On the request of Jim New, representing Erhard P. Armann, owner, for a variance from Section B.6. regarding minimum green space requirements. The variance is required in order to construct a new home at 1364 S. Mason Road, located in the Estate (E) Zoning District.

3 Board of Adjustment Page 3 of 7 September 21, 2015 Attorney Sluys entered the following exhibits into the record: A. Application for Appeal, received by the City of Town and Country on August 24, B. Narrative for Appeal, 1-page. C. Letter from Melanie Rippetoe, City Planner, to James Parks, Glasper Professional Services, dated August 21, 2015, 1-page. D. City of Town and Country Memorandum from Melanie Rippetoe, City Planner, dated June 29, 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, 2-pages. F. Affidavit of Publication of notice of hearing published in The St. Louis Countian on September 4, pages. G. Site Plan, sealed and dated 8/19/15, 2-sheets. Having been previously sworn, City Planner Melanie Rippetoe testified on behalf of the City. Ms. Rippetoe stated that she is familiar with the property and it is located in the Estate (E) Zoning District. She added that there are no other variances for this property but there is an existing nonconformity as the lot is only 40,487sq. ft. and the minimum required in this district is 80,000. She further stated that there is currently a greenspace and rear yard setback nonconformity because of a shed that is presently on the property, however, the shed is shown to be removed on the plans so the issue will be partially mitigated. She explained that a building permit for a new home was originally submitted in 2013 for this project, with an amendment submitted in May that included a revised driveway which prompted the variance request. She stated that the minimum greenspace allowed is 75%, however, with the revised driveway the plans show only 71.2%, necessitating a 3.8% variance. James Parks, Glaspar Civil Engineering, spoke on behalf of the request. He explained that the original site plan included a horseshoe driveway with two access points. However, St. Louis County had instructed them to remove the left entrance and revise their plans. He added that a site distance analysis was completed and the left access point was deemed unsafe. He stated that the homeowners purchased the lot to have front door access and in keeping with those expectation, the plans fail to meet greenspace requirements. When asked, Mr. Parks confirmed that the home and driveway were already constructed. He explained that a discrepancy in the plans was noticed by an inspector and pointed out, prompting the subsequent application to the Board of Adjustment. Chairman Crowley called for public comments. Susan Crandall, Buckland Hall, spoke in opposition to the request. She submitted a photo of the already completed home and driveway and it was labeled Photo #01. Ms. Crandall stated that the driveway is excessively wide and could cause future stormwater issues. She also expressed concern with the shed that has yet to be demolished. Michael Pillet, address unknown, stated that his family resides at Buckland Hall. He spoke in opposition to the request because of the likelihood of stormwater runoff issues. He added that the shed should have been taken down before an occupancy permit was released.

4 Board of Adjustment Page 4 of 7 September 21, 2015 Anne Hamilton, Thornhill Drive, spoke in opposition to the request. She stated that this project was not in keeping with Town and Country and looked like a sea of concrete. She also noted discomfort that the application for variance was made subsequent to the work being completed. Chairman Crowley called for any further public comments. Fermin Glasper, President of Glasper Engineering, explained that failure to return to the City before proceeding with construction was his company s oversight. He reiterated that the driveway configuration was changed for safety reasons. Hearing no further comments, Chairman Crowley declared Case No fully presented at 6:37 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- NAY Mr. Brinker- NAY Dr. Hawatmeh- NAY Mr. Meyer- NAY Mr. Barclay- NAY A brief recess was held at 6:38 PM. The meeting reconvened at 6:39 PM with all members present. The decision of the Board of Adjustment to deny the requested variance is as contained in the Decision and Resolution, Case No , filed with and made a part of these minutes. 3. Case No On the request of Austin and Dionna Helfers, representing Mary Oglesby, owner, for variances from Section B.4. of the Zoning Regulations regarding minimum side yard setback and from Section B.6. regarding minimum green space requirements. The variances are necessary in order to construct a sport court on the property at 2457 Town and Country Lane, 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 August 24, B. Narrative for Appeal, 1-page. C. Letter from Craig Wilde, Planning & Public Works Director, to Mary Oglesby, dated April 23, 2015, 2-pages. D. City of Town and Country Memorandum from Craig Wilde, Planning & Public Works Director, dated July 2, 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 September 4, 2015, 2-pages.

5 Board of Adjustment Page 5 of 7 September 21, 2015 G. Site Plan, sealed and dated 08/25/15, 2-sheets. Having been previously sworn, City Planner Melanie Rippetoe testified on behalf of the City. She stated that she is familiar with the property and it is located in the Suburban Estate (SE) Zoning District. She explained that there are no previous variances for the property; however, there is an existing nonconformity. The nonconformity was described to be that the impervious area of the lot is 12,336 sq. ft. which exceeds the 10,000 sq. ft. allowed by Code. Ms. Rippetoe stated that the current project was to construct a sport court and would require two variances. The first variance needed was for sideyard setback as 15% of the lot width, or 24.2 feet for this lot, was required by Code. Plans for this project show the sport court will be located only 17 feet from the north property line, necessitating a 7.2 ft. variance. She further noted that the second variance being sought was for greenspace because as was previously stated, the Code only allows 10,000 sq. ft. of impervious area. With the addition of the 1,170 sq. ft. sport court, the total impervious area will be 13,506 sq. ft., necessitating a variance of 3,506 sq. ft. to construct the sport court as shown on the plans. In response to Mr. Meyer, Ms. Rippetoe stated that if the lot was 1 acre, the buildable area would be allowed to be greater than 10,000 sq. ft. She also responded that there was no history found to determine if the lot s nonconformity was grandfathered in or allowed by variance. Mary Oglesby, owner, was sworn and testified. She explained that during the process of applying to construct the 45x26 sport court, the lot s nonconformity was discovered. She stated that the site plan was originally labeled 1-acre but upon re-measuring it was found that the lot is truly just under an acre. Ms. Oglesby explained the location of the sport court was chosen so that it was not visible from the street, to avoid the yard s slope and so that people utilizing the court would not be staring directly into the sun. Ms. Oglesby stated her hardship to be the inability to put the sport court in any other location. She added an additional hardship was the discrepancy in lot size that effectively lowered the buildable area allowed by Code. Ms. Oglesby confirmed that she has occupied the home for years and the pool was installed prior to her ownership. In response to Mr. Barclay, Ms. Oglesby explained that the trustees fully supported the request and she has received no opposition from any of her neighbors. Austin Helfers, Sport Court St. Louis, was sworn and testified. He described the high impact polymer material that would make up the sport court. He also explained the underground stormwater retention system that would catch and reroute water on the property. Upon inquiry by Chairman Crowley, Mr. Helfers clarified that the 1,170 sq. ft. size of the sport court was the minimum needed for a three-point shot, which is less than a halfcourt. He added that location shown on the plans was the only logical option, as other spots would require large retention walls. Mr. Helfers explained that the sport court would take approximately 10 days to complete. Chairman Crowley called for public comments. Hearing none, Chairman Crowley declared Case No fully presented at 6:57 PM. Chairman Crowley called for unanimous consent in favor of granting the variance as stated. Hearing no objection, the vote was as follows:

6 Board of Adjustment Page 6 of 7 September 21, 2015 Chairman Crowley- Mr. Brinker- Dr. Hawatmeh- Mr. Meyer- Mr. Barclay- A brief recess was held at 6:59 PM. The meeting reconvened at 7:01 PM with all members 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. 4. Case No On the request of William and Melba Pearson, owners, for a variance from Section B.3. of the Zoning Regulations regarding minimum setback from street requirements. The variance is necessary in order to construct a porch addition on the property at Topping Meadows, 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 August 25, B. Narrative for Appeal, 1-page. C. Letter from Melanie Rippetoe, City Planner, to Pete Bruggeman, dated August 4, 2015, 2-pages. D. City of Town and Country Memorandum from Melanie Rippetoe, City Planner, dated September 21, 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, 2-pages. F. Affidavit of Publication of notice of hearing published in The St. Louis Countian on September 4, pages. G. Site Plan and Driveway Revision, sealed and dated 7/21/15, 2-sheets. H. Pictures of Appellant s home conceptual rendering, 2-sheets. In addition, Attorney Sluys entered the following exhibits that were on display and made available to the City Clerk: Appellant s Exhibit 1, Current Driveway and Walkway Depiction Appellant s Exhibit 2, New Driveway Design and Porch Englargement Depiction Having previously been sworn, Ms. Rippetoe stated that she is familiar with the property and it is located in the Suburban Estate (SE) Zoning District. She explained that she is unaware of any previous variances or nonconformities associated with the property. Ms. Rippetoe stated that the variance request was related to a front porch addition project and associated changes to the existing driveway. She added that Section B.3. requires the minimum setback from the street is 50 feet. As the addition is shown to be located only 40 feet from the street, a variance of 10 feet is required to construct it.as shown on the plans. Pete Bruggeman, owner s representative, explained that the Pearsons sought to revise

7 Board of Adjustment Page 7 of 7 September 21, 2015 their existing driveway to reduce the amount of concrete, make it more appealing and enlarge their front porch. He explained their hardship to be that when the house was constructed it 1983, it was moved forward 10 feet to account for stormwater issues. In response to Mr. Meyer, Mr. Bruggeman clarified that the walkway expansion would be approximately 152 square feet when completed. Chairman Crowley called for public comments. Robert Elkan, Topping Meadows, spoke in favor of the project for the greenspace that will be added and the character that will be added to the property. Melba Pearson, owner, stated that over 10 drawings were reviewed and considered for this project. She explained that this option was chosen as it added greenspace and camouflaged the addition so the home looks in-line with neighboring properties. Mr. Bruggeman added that the project had received unanimous approval by everyone in Topping Meadows. Hearing no further public comments, Chairman Crowley declared Case No fully presented at 7:13 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- Mr. Brinker- Dr. Hawatmeh- Mr. Meyer- Mr. Barclay- A brief recess was held at 7:14 PM. The meeting reconvened at 7:15 PM with all members 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. ADJOURN There being no further business, the meeting adjourned at 7:16 PM. Respectfully submitted, Ashley McNamara, City Clerk

8 BOARD OF ADJUSTMENT CITY'S EXHIBITS Case No.: Appellants: Location: Hearing Date: Mike Bozich, owner 951 Revere Drive September21, 2015 Section of the Municipal Code provides that the Municipal Code, including the Zoning Code, the Comprehensive Plan and land use map shall be part of each hearing before the Board of Adjustment to the extent applicable, without being specifically introduced at the hearing. CITY EXHIBITS ~ Ufl~Ff A. Application for Appeal, received by the City oft own and Country on Aj9fit21, B. Narrative for Appeal, 1-page. C. Letter of support from Revere Landing homeowners, 1-page D. Letter from Melanie Rippetoe, City Planner, to Mike Bozich, dated August 19,2015, 2-pages. E. City of Town and Country Memorandum from Melanie Rippetoe, City Planner, dated September 21, 2015, 2-pages. F. 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, 2-pages. G. Affidavit of Publication of notice of hearing published in The St. Louis Countian on September 4, pages. H. Site Plan, sealed and dated 8/21/15, 3-sheets. **The record shall also include any and all other correspondence received either in support or opposition to the case.

9 DECISION OF THE BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO CASE NO Appellants: Mike Bozich, owner Subject Property: 951 Revere Drive Zoning District: Proposal: Suburban Estate (SE) Appellant requests variances from Section B.4. of the Zoning Regulations, regarding minimum sideyard setbacks to allow for the construction of a new home. Hearing Date: September 21, Chairman Crowley called for unanimous consent in favor of granting two minimum sideyard setback variances of 4.5 feet from both side lot lines from Section B.4. of the Town and Country Zoning Regulations to allow for the construction of a new home. Hearing no objection, the vote was as follows: Crowley Brinker Hawatmeh Meyer Barclay

10 CITY OF TOWN AND COUNTRY RESOLUTION BOARD OF ADJUSTMENT CASE NO WHEREAS, the Board of Adjustment of the City oft own and Country does find and determine that the subject property located at 951 Revere Drive is within the city limits of the City of Town and Country, and is in the Suburban Estate (SE) Zoning District; and WHEREAS, Mike Bozich, owner, (the "Appellant"), has submitted a request for a sideyard setback variance from both side lot lines to allow for the construction of a new home; and WHEREAS, Section B.4. of the Zoning Regulations requires a minimum side yard setback of fifteen percent (15%) of the width of the lot from each side lot line, or 22.6 feet for this lot; and WHEREAS, plans show that the new home will be situated 18.1 feet from each side lot line; and WHEREAS, variances of 4.5 feet for both side lot lines are required from Section B.4. to allow the new home to be constructed as shown on the plans; and WHEREAS, the Appellant has requested that the Board of Adjustment find that there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the Zoning Regulations; and WHEREAS, the Board of Adjustment does find that to grant the requested variances would be in harmony with the general purpose and intent of the Zoning Ordinance. would not be detrimental to the public welfare would not constitute a change in the district map would not impair an adequate supply of light and air to adjacent property would not increase congestion in public streets would not increase the danger of fire; and WHEREAS, this Board does further find and determine that practical difficulties and unnecessary hardships have been demonstrated. NOW, THEREFORE, BE IT RESOLVED, that the requested variances from the strict application of the Zoning Regulations of the City of Town and Country are hereby approved.

11 BOARD OF ADJUSTMENT CASE NO The following is the vote taken on the foregoing resolution: Crowley Brinker Hawatmeh Meyer Barclay

12 BOARD OF ADJUSTMENT CITY'S EXHIBITS Case No.: Appellant: Location: Hearing Date: Jim New, builder, representing Erhard Armann, owner 1364 S. Mason Road September 21, 2015 Section of the Municipal Code provides that the Municipal Code, including the Zoning Code, the Comprehensive Plan and land use map shall be part of each hearing before the Board of Adjustment to the extent applicable, without being specifically introduced at the hearing. CITY EXHIBITS A. Application for Appeal, received by the City of Town and Country on August 24, B. Narrative for Appeal, 1-page. C. Letter from Melanie Rippetoe, City Planner, to James Parks, Glasper Professional Services, dated August 21, 2015, 1-page. D. City of Town and Country Memorandum from Melanie Rippetoe, City Planner, dated June 29, 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, 2-pages. F. Affidavit of Publication of notice of hearing published in The St. Louis Countian on September 4, pages. G. Site Plan, sealed and dated 8/19/15, 2-sheets.

13 DECISION OF THE BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO CASE NO Appellant: Subject Property: Zoning District: Proposal: Hearing Date: Jim New, builder, representing Erhard Armann, owner 1364 S. Mason Road Estate (E) Appellant requests a variance from Section B.6. of the Zoning Regulations, regarding mm1mum greenspace requirements to allow for the construction of driveway in conjunction with a new home. September21, Chairman Crowley called for unanimous consent in favor of granting a minimum green space variance of 3.8% from Section B.6. of the Town and Country Zoning Regulations which would allow for the construction of driveway in conjunction with a new home. Hearing no objection, the vote was as follows: Crowley Brinker Hawatmeh Meyer Barclay NAY NAY NAY NAY NAY

14 CITY OF TOWN AND COUNTRY RESOLUTION BOARD OF ADJUSTMENT CASE NO WHEREAS, the Board of Adjustment of the City oft own and Country does find and determine that the subject property located at 1364 S. Mason Road is within the city limits of the City of Town and Country, and is in the Estate (E) Zoning District; and WHEREAS, Jim New, builder, representing Erhard Armann, owner, (the "Appellant"), has submitted a request for a green space variance to allow for the construction of a driveway in conjunction with a new home; and WHEREAS, the current proposal is to construct a revised driveway in the front of the home; and WHEREAS, Section B.6. of the Zoning Regulations requires that the minimum green space percentage per lot for residential uses in the Estate Zoning District is 75%; and WHEREAS, plans show that construction of the revised driveway would reduce the overall green space percentage to 71.2%; and WHEREAS, a variance of 3.8% from Section B.6. is required to allow the driveway to be constructed as shown on the plans; and WHEREAS, the Appellant has requested that the Board of Adjustment find that there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the Zoning Regulations; and WHEREAS, the Board of Adjustment does find that to grant the requested variance would not be in harmony with the general purpose and intent of the Zoning Ordinance. would be detrimental to the public welfare would constitute a change in the district map would impair an adequate supply of light and air to adjacent property would increase congestion in public streets would increase the danger of fire; and WHEREAS, this Board does further find and determine that practical difficulties and unnecessary hardships have not been demonstrated.

15 BOARD OF ADJUSTMENT CASE NO NOW, THEREFORE, BE IT RESOLVED, that the requested variance from the strict application of the Zoning Regulations of the City of Town and Country is hereby denied. The following is the vote taken on the foregoing resolution: Crowley Brinker Hawatmeh Meyer Barclay

16 BOARD OF ADJUSTMENT CITY'S EXHIBITS Case No.: Appellant: Location: Hearing Date: Mary Oglesby, owner represented by Austin and Dionna Heifers, Sport Court St. Louis 2457 Town and Country Lane September 21, 2015 Section of the Municipal Code provides that the Municipal Code, including the Zoning Code, the Comprehensive Plan and land use map shall be part of each hearing before the Board of Adjustment to the extent applicable, without being specifically introduced at the hearing. CITY EXHIBITS A. APplication for Appeal, received by the City of Town and Country on August 24, B. Narrative for Appeal, 1-page. C. Letter from Craig Wilde, Planning & Public Works Director, to Mary Oglesby, dated April23, 2015, 2-pages. D. City oft own and Country Memorandum from Craig Wilde, Planning & Public Works Director, dated July 2, 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 September 4, 2015, 2-pages. G. Site Plan, sealed and dated 08/25/15, 2-sheets.

17 DECISION OF THE BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO CASE NO Appellant: Mary Oglesby, owner represented by Austin and Dianna Heifers, Sport Court St. Louis Subject Property: 2457 Town and Country Lane Zoning District: Suburban Estate (SE) Proposal: Appellant requests variances from Section B.6. and B.4. of the Zoning Regulations, regarding minimum greenspace and side yard setback requirements to allow for the construction of a sport court. Hearing Date: September 21, Chairman Crowley called for unanimous consent in favor of granting a minimum green space variance of 3,506 sq. ft. from Section B.6. and a minimum side yard setback variance of 7.2 ft. from Section B.4. of the Town and Country Zoning Regulations which would allow for the construction of a sport court in the rear yard of the property. Hearing no objection, the vote was as follows: Crowley Brinker Hawatmeh Meyer Barclay

18 CITY OF TOWN AND COUNTRY RESOLUTION BOARD OF ADJUSTMENT CASE NO WHEREAS, the Board of Adjustment of the City oft own and Country does find and determine that the subject property located at 2457 Town and Country Lane is within the city limits of the City of Town and Country, and is in the Suburban Estate (SE) Zoning District; and WHEREAS, Mary Oglesby, owner, (the "Appellant"), has submitted a request for minimum green space and side yard setback variances to allow for the construction of a sport court; and WHEREAS, the current proposal is to construct a 45ft. by 26ft. sport court in the rear yard of the property; and WHEREAS, Section B.6. of the Zoning Regulations requires that the minimum green space for residential use lots containing less than forty-three thousand five hundred sixty (43,560) square feet of lot area in the Suburban Estate Zoning District is sixty percent (60%) to a maximum often thousand (1 0,000) square feet of impervious area; and WHEREAS, plans show that construction of the sport court would increase the overall impervious area of the lot to 13,506 square feet; and WHEREAS, a variance of 3,506 square feetfrom Section B.6. is required to allow the sport court to be constructed as shown on the plans; and WHEREAS, Section B.4. of the Zoning Regulations requires that the minimum side yard setback is whichever is the lesser of fifty (50) feet from each side lot line or fifteen percent (15%) of the width of the lot from each side lot line, or 24.2 feet for this lot; and WHEREAS, plans show the proposed sport court seventeen (17) feet from the north property line; and WHEREAS, a variance of 7.2 feet from Section B.4. is required to allow the sport court to be constructed as shown and located on the plans; and WHEREAS, the Appellant has requested that the Board of Adjustment find that there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the Zoning Regulations; and

19 BOARD OF ADJUSTMENT CASE NO WHEREAS, the Board of Adjustment does find that to grant the requested variances would be in harmony with the general purpose and intent of the Zoning Ordinance. would not be detrimental to the public welfare would not constitute a change in the district map would not impair an adequate supply of light and air to adjacent property would not increase congestion in public streets would not increase the danger of fire; and WHEREAS, this Board does further find and determine that practical difficulties and unnecessary hardships have been demonstrated. NOW, THEREFORE, BE IT RESOLVED, that the requested variances from the strict application of the Zoning Regulations of the City of Town and Country are hereby approved. The following is the vote taken on the foregoing resolution: Crowley Brinker Hawatmeh Meyer Barclay

20 BOARD OF ADJUSTMENT CITY'S EXHIBITS Case No.: Appellants: Location: Hearing Date: William and Melba Pearson, owners Topping Meadows September21, 2015 Section of the Municipal Code provides that the Municipal Code, including the Zoning Code, the Comprehensive Plan and land use map shall be part of each hearing before the Board of Adjustment to the extent applicable, without being specifically introduced at the hearing. CITY EXHIBITS ll.'l«~t- A. Application for Appeal, received by the City of Town and Country on A~ 25, B. Narrative for Appeal, 1-page. C. Letter from Melanie Rippetoe, City Planner, to Pete Bruggeman, dated August 4, 2015, 2-pages. D. City oft own and Country Memorandum from Melanie Rippetoe, City Planner, dated September 21, 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, 2-pages. F. Affidavit of Publication of notice of hearing published in The St. Louis Countian on September 4, pages. G. Site Plan and "Driveway Revision", sealed and dated 7/21/15, 2-sheets. H. Pictures of Appellant's home conceptual rendering, 2-sheets. Jf'

21 DECISION OF THE BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO CASE NO Appellants: William and Melba Pearson, owner Subject Property: Topping Meadows Zoning District: Proposal: Suburban Estate (SE) Appellant requests a variance from Section B.3. of the Zoning Regulations, regarding the minimum setback from the street to allow for the construction of a porch addition. Hearing Date: September 21, Chairman Crowley called for unanimous consent in favor of granting a minimum setback from the street variance of 10 feet from Section B.3. of the Town and Country Zoning Regulations to allow for the construction of a porch addition. Hearing no objection, the vote was as follows: Crowley Brinker Hawatmeh Meyer Barclay

22 CITY OF TOWN AND COUNTRY RESOLUTION BOARD OF ADJUSTMENT CASE NO WHEREAS, the Board of Adjustment of the City oft own and Country does find and determine that the subject property located at Topping Meadows is within the city limits of the City oft own and Country, and is in the Suburban Estate (SE) Zoning District; and WHEREAS, William and Melba Pearson, owners, (the "Appellants"), have submitted a request for a variance for minimum setback from the street to allow for the construction of a porch addition; and WHEREAS, Section B.3. of the Zoning Regulations requires a minimum setback from the street of fifty (50) feet; and WHEREAS, plans show that the porch addition will be 40 feet from the front property line adjacent to the street; and WHEREAS, variances of 10 feet is required from Section B.3. to allow the porch addition to be constructed as located and shown on the plans; and WHEREAS, the Appellants have requested that the Board of Adjustment find that there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the Zoning Regulations; and WHEREAS, the Board of Adjustment does find that to grant the requested variance would be in harmony with the general purpose and intent of the Zoning Ordinance. would not be detrimental to the public welfare would not constitute a change in the district map would not impair an adequate supply of light and air to adjacent property would not increase congestion in public streets would not increase the danger of fire; and WHEREAS, this Board does further find and determine that practical difficulties and unnecessary hardships have been demonstrated. NOW, THEREFORE, BE IT RESOLVED, that the requested variance from the strict application of the Zoning Regulations of the City of Town and Country is hereby approved.

23 BOARD OF ADJUSTMENT CASE NO The following is the vote taken on the foregoing resolution: Crowley Brinker Hawatmeh Meyer Barclay