VAR17-03 St. Charles County Board of Zoning Adjustment

VAR17-03 St. Charles County Board of Zoning Adjustment 79 FARM VIEW LN - VARIANCE REQUEST Application: Owner: Applicant: Variance Requested: Zoning: Area: Location: Council District: 1 Account No.: 676770A000 VAR17-03 Nationstar Mortgage, LLC Martin Leigh PC Section 405.080D.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, approimately 1,400 feet north of Highway W CONTENTS: Staff Recommendation Report Aerial photo Zoning map Photos of site Statement of Hardship Property Survey

BZA REPORT To: County Board of Zoning Adjustment Prepared by: Ellie Marr Application No.: VAR17-03 Date: June 1, 2017 GENERAL INFORMATION: Applicant: Martin Leigh PC Owners: Nationstar Mortgage LLC Requested Action: The applicant is requesting to vary Section 405.080 D.3. to vary the minimum side yard setback for a residence from 40 feet to 5 feet Eisting Zoning: Location: Size: Current Land Use: A, Agricultural District The property, known as 79 Farm View Lane is located on the north side of Farm View Lane, approimately 1,400 feet north of Hwy. W. 4.33 acres Adjacent Land Use and Zoning: Single Family Residential Direction Zoning Land Use North A, Agricultural District Vacant East A, Agricultural District Single Family Residence South A, Agricultural District Single Family Residence West A, Agricultural District Single Family Residence Description of Request: The applicant is requesting a variance from the required 40 feet side yard setback for an eisting modular home in the A, Agricultural Zoning District to 5 feet. Site Characteristics: The residence and property are located at the northern terminus of a shared driveway off of Farm View Lane. The lot is rolling with trees and is located approimately 250 feet from the nearest residence to the south that shares the driveway. Relevant Property History: The property has no prior history with the Board of Zoning Adjustment. Demolition of the previous home and installation of the manufactured home was completed in 2002 under permit number 20013308. The site plan submitted with the building permit application indicated the setback would be 70 feet. Wentzville Gardens Subdivision was platted in 1949 before the County enacted zoning or subdivision regulations. Subsequent property boundary changes are highly irregular and evidently have been created by deeds rather than replatting. Applicant s Statement of Hardship: The applicant states the required 40 foot setback from the boundary line has caused Nationstar mortgage to be unable to convey a marketable title due to the eisting setback of only 5 feet. Questions for the Board: The duty of the Board is to grant relief where the conditions of a property prevent development consistent with the intent or purposes of the applicable zoning regulations, if the property owner proves that a hardship as defined by ordinance eists. The following questions help to address whether a true hardship eists: 1) Is the variance requested due to unique circumstances inherent to the specific piece of property and not to personal considerations of the property owner? 2) Is the variance needed as the result of an affirmative act of the property owner that could have been avoided through a different course of action?

3) Would the approval of this variance merely grant a special benefit to the property beyond what is enjoyed by other properties regulated by the same set of zoning regulations? 4) Would the application of such non-use regulation result in practical difficulties to the property owner? In determining whether "practical difficulties" eist, the Board should consider the following: Whether, or to what degree the owner can pursue the permitted use without a variance; and The financial hardship to the property owner from the strict application of the regulation; and How substantial the variance request is in relation to the regulation; and Whether the difficulty can be obviated by some method other than a variance; and Whether such relief can be granted without substantial detriment to the public good and without substantially impairing the intent, purpose and integrity of the zoning regulations as embodied in the Unified Development Ordinance and maps STAFF RECOMMENDATION: Staff recommends that the request for placement of the modular home 5 feet from the side property line be granted with the condition that this variance be granted for the eisting structure only and that any future building construction must comply with zoning setback requirements in effect at that time. Staff notes that the property is located in a subdivision, Wentzville Gardens, which has been established since the inception of zoning in 1959. Because lot splits and boundary adjustments have taken place in the subdivision previously without benefit of Planning and Zoning staff review unusual lot shapes and splits have resulted. In this case, three separate parcels in this subdivision were previously under one ownership but are now currently owned by three separate parties. Because of this formal separation of the parcels, the modular home is not in compliance with the required side yard setback. Staff advises that such relief can be granted without substantial detriment to the public good and without substantially impairing the intent, purpose and integrity of the zoning regulations as embodied in the Unified Development Ordinance and maps.

Subject Property Subject Property VAR17-03 Aerial

VAR17-03 Zoning Map Subject Property

VAR17-03 Side yard

VAR17-03 View of side yard from property

STATEMENT OF HARDSHIP The manufactured home was installed on the subject property by prior owners in 2003. At the time the manufactured home was installed, the prior owners failed to comply with the minimum lot requirements contained in section 405.080 (D) (2) & (3). The manufactured home is currently affied to the subject property. In 2008, the prior owners refinanced the property. The deed of trust and note that were involved in the refinance transaction were subsequently sold to Nationstar Mortgage, LLC ("Nationstar"). The deed of trust and note were insured by the US Department of Housing and Urban Development. Due to a default under the terms of the deed of trust and note, Nationstar acquired title to the property and is the current owner of the property. It has come to the attention of Nationstar that the prior owners failed to comply with the lot requirements with respect to the manufactured home. This issue prevents Nationstar from conveying the property to US Department of Housing and Urban Development due to a lack of marketable title. In order to comply with the lot requirements, Nationstar may need to have the manufactured home moved approimately 50 feet and have new foundation (or piers) placed on the property, as well as utilities disconnected and re-connected at the new location. Based on a call with local manufactured home transport service, the estimated cost to move the manufactured home approimately 50 feet is $6,000.00. This does not include the costs associated with establishing a new foundation at the new location or the relocation of utilities. According to the St. Charles County ta records, the current value of the manufactured home is $23,374.00; therefore, the cost to move the manufactured home is approimately 26% of the value of said home. As stated above, Nationstar was not the owner who violated the minimum lot requirements when the manufactured home was installed on the property. Given the current value of the manufactured home coupled with the costs associated with moving the manufactured home such a short distance, as well as the fact that the manufactured home has been established in the current location since 2003 and is currently hooked up to utilities, Nationstar requests a variance from the required 50 feet front yard setback requirement to 5 feet. And a variance from the required 40 feet side yard setback to 5 feet. Nationstar respectfully requests that the Board grant its request for a variance with respect to section 405.080 (D) (2) & (3).

P=N 00 11'00" W 679.77' M=N 00 20'37" W 679.77' D=N 00 11'00" W 760.56' M=N 00 20'37" W 760.56' E ARBOGAST DB 4273 PG 511 D=S 89 51'40" E 257.35' C=N 89 59'57" E 257.35' D=S 05 52'09" E 344.31' M=S 06 02'04" E 344.31' BROWN DB 3037 PG 649 N 76 20'00" E D=251.33' D=S 89 55'26" E 146.93' M=N 89 56'11" E 146.93' HILDERBRAND DB 3972 PG 1787 ARBOGAST DB 4273 PG 511 GRAVEL D=S 10 10'00" E 243.26' M=S 10 19'55" E 243.26' ADJOINING PROPERTY ( ARBOGAST) USES SUBJECT PROPERTY GRAVEL DRIVE TO ACCESS FARMVIEW LANE (NO EASEMENT PROVIDED); ACCESS IS FOR ADJOINING PROPERTY HOUSE AND ADDITIONAL STRUCTURES LOCATED ON ARBOGAST TRACT MANUFACTURED HOME 1 STY FRAME 76.2' D=S 03 50'12" E 258.78' M=S 04 00'07" E 258.78' N 10 10'00" W D=243.62' 31.0' GRAVEL N 03 50'12" W D=256.52' D=S 26 14'55" W 671.42' M=S 26 05'00" W 671.34' NATIONSTAR MORTGAGE LLC DB 5977 PG 375 SEPTIC LID OVERHEAD UTILITIES NO ESMT PROVIDED 0.0' ADJOINING PROPERTY FENCE LOCATED ONTO ADJOINING PROPERTY 0.3' D&M=150.02' S 00 11'00" E D=680.01' S 00 11'00" E D&M=810.13' D&M=91.78' 0.0' SUBJECT PROPERTY FENCE LOCATED ONTO SUBJECT PROPERTY MONROE DB 4811 PG 824 MARSHALL DB 6177 PG 2377 D=S 82 24'58" W 258.17' M=S 82 51'46" W 258.17' N 26 20'13" W D=107.63' QUESENBERRY DB 1018 PG 1888 QUESENBERRY DB 1040 PG 545 SUBJECT PROPERTY GRAVEL LOCATED ONTO ADJOINING PROPERTY S 26 30'08" E 108.08' D=S 00 52'40" W 41.31' M=S 00 42'45" W 31.56' N 00 52'40" E D=40.76' C=44.30' WOOD DECK CONCRETE WOOD DECK WOOD DECK 12.5' 76.2' 7'12' FR SHED 11.0' N 00 44'19" W 3.28' N 00 15'10" E 3.22' D=N 89 55'46" W 337.62' M=N 88 40'49" W 337.71' N 01 07'53" E 3.38' GATE N 00 30'41" E 3.34' 23.4' PART OF LOT 5 OF WENTZVILLE GARDENS LOCATED IN THE EAST HALF OF THE NORTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 47 NORTH, RANGE 1 EAST ST CHARLES COUNTY, MISSOURI 1" = 60' SURVEYORS NOTES: 1. BASIS OF BEARING PER EAST LINE OF SUBJECT PROPERTYRECORD 7. MONUMENTATION TO BE SET AFTER SURVEY HAS BEEN REVIEWED. DEED PER DEED BOOK 5977 PAGE 375 OF THE ST CHARLES COUNTY RECORDS. X FENCE D DEEDED DISTANCE C CALCULATED LENGTH P PLATTED DISTANCE M MEASURED DISTANCE SET REBAR SET POINT ON LINE SET COTTON SPINDLE FOUND IRON PIPE FOUND IRON ROD ELECTRIC METER E A SEE NOTE 5 B SEE NOTE 6 UTILITY POLE 2. PROPERTY MAY BE SUBJECT TO ADDITIONAL ZONING AND BUILDING LINE REQUIREMENTS. ADDITIONAL EASEMENTS LISTED PER FIRST AMERICAN TITLE COMMITMENT #520-232270 BEING DEED BOOK 798 PAGE 1311 AND DEED BOOK 6202 PAGE 106 NEITHER OF WHICH APPEAR TO AFFECT THE SUBJECT PROPERTY. NO ADDITIONAL RESEARCH WAS COMPLETED BY SURVEY COMPANY. 3. SURVEY COMPLETED TO RURAL PROPERTY BOUNDARY ACCURACY STANDARDS PER 10 CSR 30-2.040 OF THE MISSOURI STATE STATUTES. 4. FENCE AND GRAVEL OWNERSHIP AS SHOWN ON THIS DRAWING IS THE OPINION OF THE SURVEYOR AT THE TIME THE SURVEY WAS EXECUTED AND HAS NOT BEEN VERIFIED TO ANY EXTENT, NOR IMPLIES ANY EXCLUSIVE OWNERSHIP. 5. FOUND MONUMENTS FROM A PREVIOUS SURVEY OF PROPERTY HILDERBRAND (DB 3972 PG 1787). SAID MONUMENTS LOCATED 3.0'± NORTH 6. AREA OF DEED EXCEPTION PER DEED BOOK 1154 PAGE 492. 7. MONUMENTATION TO BE SET AFTER SURVEY HAS BEEN REVIEWED. JOB #1504096 FB 323:35 FIELD WORK BY: TAO/CML DRAWN BY: JLK REVIEWED BY: WILLIAM JACOB CLARK LS# 2002014101 This is to certify that on March 30th, 2015 a request by Blake Hill was made for a Boundary Survey and to locate the improvements on the above named tract and that the results are, to the best of my knowledge, correctly represented on this drawing. PO BOX 278 COTTLEVILLE, MO 63338 636.922.1001 OFFICE 636.922.1002 FAX 4/6/15 STOP SIGN MAILBOX (2) LOCATED ONTO SUBJECT PROPERTY D=S 83 18'00" W 140.04' M=S 81 52'16" W 140.55' CL #79 FARMVIEW LANE (40' W)