CITY OF WILDWOOD RECORD OF PROCEEDINGS MEETING OF THE BOARD OF ADJUSTMENT WILDWOOD CITY HALL MAIN STREET MAY 16, 2013

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1 CITY OF WILDWOOD RECORD OF PROCEEDINGS MEETING OF THE BOARD OF ADJUSTMENT WILDWOOD CITY HALL MAIN STREET MAY 16, 2013 The meeting was called to order by Chair Garrett at 7:06 p.m. on May 16, 2013 at Wildwood City Hall, Council Chambers, Main Street. Members present were: Mikel Garrett, Chair Jim Bowlin, Vice-Chair Jerry Staudacher, Secretary Vern Hutson, Board Member Rick Pfarr, Alternate Department of Planning staff present were: Joe Vujnich, Director of Planning Terri Gaston, Planner Chair Garrett stated there were four (4) cases on the docket. The meeting proceeded, as outlined on the agenda, and Chair Garrett requested the first case be read into the record. Planner Gaston complied. B.A Cody Koepke, McBride & Son Homes, Swingley Ridge Road, Chesterfield, Missouri requests an exception to the Temporary Sign Regulations for the purpose of maintaining twelve (12) temporary banners attached to poles announcing the development and new developer at 2607 Grover Crossing Way and 2700, 2703, 2704, 2708, and 2712 Grover Crossing Drive (Locator Numbers 24V521243, 24V521221, 24V521100, 24V521210, 24V521201, and 24V521199; Grover Crossing Subdivision; Proposed Lot 16, Lot 35, Common Ground, and Lots 34, 33, and 32 respectively), which would thereby authorize the placement of these temporary banners, at a size of twelve (12) square feet, mounted on poles, at a height of eleven (11) feet. These temporary banners on poles are in violation of Section Sign Regulations for all R Districts, Section E(5) Temporary Sign Regulations, and Section R-6A 4,500 square foot Residence District Regulations of the City of Wildwood Zoning Ordinance, as well as the site-specific regulations per Planned Residential Development Overlay District Ordinance #1453. (Ward Eight) This request was postponed at the March 21 and April 18, 2013 meetings. INITIAL COMMENTS: Director Vujnich requested the right to reserve comment, until after the petitioner s presentation, and prior to any motion. Clint Skibinski, McBride & Son Homes, Swingley Ridge Road, Chesterfield, Missouri, after being sworn in by Court Reporter Murphy, stated he is the representative of the developer and property owner, then proceeded with an explanation of the request and rationales for the variance. Page 1 of 6

2 NONE Director Vujnich noted the Department s recommendation was for denial of the request and based upon the lack of physical hardship. He further indicated the development has allowances for other signs promoting it and these existing banners are not even described in the Zoning Ordinance. Board Member Hutson made a motion to deny the variance. The motion was seconded by Secretary Staudacher. Having heard no further discussion or objections, Chair Garrett called the question, with the following results: Ayes Staudacher, Hutson, Pfarr and Bowlin Nays Garrett The motion passed and the requested variance was denied. At this time, Vice-Chair Bowlin recused himself for the next case. The petitioner was advised of the need for a unanimous vote for any motion to approve his request, if he wished to move forward, which he consented to do so. Chair Garrett requested the next case be read into the record. Planner Gaston complied. B.A Kevin and Lynne Litzau, Fox Mountain Road, Wildwood, Missouri, request an exception to the Minimum Yard Requirements (general) for the purpose of constructing a detached garage upon the property located at Fox Mountain Road (Locator Number 28Y130051; Fox Mountain Estates, Lot 20), which would thereby authorize said structure to be situated at a side-yard setback distance of twenty (20) feet in lieu of the thirty (30) foot standard, which requires the Board of Adjustment s consideration. This request is contrary to the requirements of Chapter NU Non-Urban Residence District Regulations of the s Zoning Ordinance. (Ward Six) INITIAL COMMENTS: Director Vujnich requested the right to reserve comment, until after the petitioner s presentation, and prior to any motion. Kevin Litzau, Fox Mountain Road, Wildwood, Missouri was sworn in by Court Reporter Murphy, stated he is the property owner and petitioner, then proceeded with an explanation of the request and rationales for the variance. Roberta Rollins, 4266 Boles Road, Labadie, Missouri, questioned the number of vehicles allowed on a single property in Wildwood. Director Vujnich replied the code does not limit the number of vehicles. James Bruce, Fox Mountain Road, Wildwood, Missouri, stated he is the immediate property owner to the west and is opposed to said request, commenting further that he speculates commercial activity is Page 2 of 6

3 being conducted upon the subject site with respect to vehicle restoration. Director Vujnich noted the variance request should be considered based upon the physical characteristics of the property; not whether a hobby activity is appropriate. Board Member Hutson made a motion to approve the variance, as submitted by the petitioner and supported per the Department of Planning s Recommendation Report. The motion was seconded by Chair Garrett. Having heard no further discussion or objections, Chair Garrett called the question, with the following results: Ayes Hutson and Garrett Nays Staudacher and Pfarr The motion failed for lack of a majority and the requested variance was denied. At this time, Vice-Chair Bowlin rejoined the Board. Chair Garrett requested the next case be read into the record. Planner Gaston complied. B.A Pond Athletic Association, 1725 Pond Road, Wildwood, Missouri 63038, c/o City of Wildwood, Missouri Main Street, Wildwood, Missouri requests an exception to the regulations governing temporary banners for the purposes of installing such on its outfield fences to advertise sponsorships obtained by the organization, as part of its celebration of its 50 th Anniversary of operation. These banners will be located at 1725 Pond Road (Locator Number 22W330042) and be of varying sizes. The inclusion of temporary banners at this facility s site are not authorized by the governing Conditional Use Permit (CUP) or Chapter NU Non-Urban Residence District, Chapter Sign Regulations for all FP, PS, NU, and R Districts, and Chapter Temporary Signs, all contained within the s Zoning Ordinance. These banners will only be displayed at the property for the 2013 Season. (Ward One) INITIAL COMMENTS: Director Vujnich noted the City s support of this request, given Pond Athletic Association has been in operation and serving the community for fifty (50) years. Jeff Plunkett, Kingstowne Way Drive, Wildwood, Missouri, was sworn in by Court Reporter Murphy, as representative for the petitioner and President of the Association. He proceeded with an explanation of the request and rationales for the variance. NONE The aid in sponsorship for this 50 th year celebration has allowed the petitioner to offer membership through this playing season to any child free of charge. Director Vujnich noted the exclusion of temporary Page 3 of 6

4 banners, per a Conditional Use Permit, does not take into consideration the status of a site, whether it be for-profit or a non-profit organization. Secretary Staudacher made a motion to approve the variance, as requested by the petitioner and recommended by the Department of Planning. The motion was seconded by Board Member Hutson. Having heard no further discussion or objections, Chair Garrett called the question, with the following results: Ayes Staudacher, Hutson and Pfarr Nays Garrett Abstain - Bowlin The motion fail for lack of a majority and the requested variance was not approved. Chair Garrett requested the next case be read into the record. Planner Gaston complied. B.A , Missouri, Main Street, Wildwood, Missouri requests exceptions to the Height Limitations for Structures relating to six (6) utility poles that are to be installed at six (6) different locations within the City to provide high-speed internet access to the rural areas of Wildwood. The locations of these six (6) utility poles are as follows: Site Numbers Property Owner Site Address Locator Numbers One O Connor 4701 Fox Mountain Road 28Z Two Nowak Hawks Hill Road 25Y Three Rockwood Bank Windy Hollow Lane (utility 26Y easement) Four Public Right-of-Way near the intersection of Reiger and Wild Horse Creek Roads Not Applicable Five Meridien Homeowners Association 4 Grand Meridien Forest (utility easement in common ground) 20W Six 1353 Homestead Heights Drive 22W Each of these sites have been selected as locations for utility poles that will have a height of no greater than eighty-eight (88) feet, once installed, which exceeds the allowable sixty (60) foot requirement of the NU Non-Urban Residence District Regulations of Chapter NU Non-Urban Residence District of the s Zoning Ordinance. (Wards One and Six) Director Vujnich, Department of Planning,, Missouri, provided the Board a brief history of the City s efforts with rural internet service. Due to the lack thereof in two (2) major areas of the City, and at the urging of residences for the City Council to intervene, a committee was formed in 2007 to investigate potential providers and expand service of this needed utility. As of 2011, all providers had been Page 4 of 6

5 exhausted or eliminated by the City due to cost. With development of new technology, two (2) new providers were contacted in 2012: Wisper ISP for the northern area of the City and Bays ET for the southern area of the City. For these companies to install their equipment, the City agreed to purchase and erect the first six (6) of a total sixteen (16) utility poles. This initial phase is due to obtaining specifics locations and testing the range for the internet signal, before the remaining pole locations can be determined. The poles will be eighty-eight (88) feet in height, once installed, which is beyond the sixty (60) foot height maximum and therefore necessitates a variance. Don Boudreau, Hawks Hill Road, Wildwood, Missouri, stated he is a neighbor of the property listed as Site #2 and is in support of improved internet access and believes it will increase property values in the area. Mike Nowak, Hawks Hill Road, Wildwood, Missouri, stated he is the property owner, listed as Site #2, and supports the request. David Peterson, Hawks Hill Road, Wildwood, Missouri, stated he is also a neighbor of the property listed as Site #2. He approves of the pole location and agrees upgraded service will increase property values, which has been a concern for this area. Roberta Rollins, 4266 Boles Road, Labadie, Missouri, is representing her brother, Gerald Baumer, who owns property near Site #4, and believes the pole location is highly visible, which could detract from his property value. She requested, on behalf of Mr. Baumer, that a location elsewhere on Wild Horse Creek Road or Rieger Road be considered in lieu of this intersection. James O Conner, 4701 Fox Mountain Road, Wildwood, Missouri, stated he is the property owner, listed as Site #1, was in support of the request, but not at the revised location, which changed over the course of this study from the initial placement in a more-remote area of his property. Bryan Stevens, 2011 Wakefield Lake Drive, Wildwood, Missouri, stated his support of the request. Soraya Cullimore, 1300 Homestead Heights Drive, Wildwood, Missouri, stated her support of the request, noting the lack of internet service has been a hardship for her children, given area school districts have instituted on-line protocol for educational purposes. She supports this endeavor, to the extent to offer the City an easement on her property, if needed. Page 5 of 6

6 Rick Kallaus, Babler Forest Road, Wildwood, Missouri, stated his support of the request and, in fact, has a pole on his property from a prior pilot project, which is now serviced by Wisper ISP. He noted the six (6) initial sites were strategically located due to the geography of these areas and the extensive height of the poles is required to clear the tree canopy. Jean Luer, 2001 Wild Horse Creek Road, Wildwood, Missouri, stated her support of the request and the pole location for Site #4. In addition to the comments received by the Department and contained in the petitioner s file, a telephoned comment was made a part of the record, stating opposition to the location of Site #5 by the property owner of #2 Grand Meridien Forest Drive. Director Vujnich requested the Board postpone action on Site #1, in order to resolve the placement issue with the property owner, while the Board takes action on the other site locations. Vice-Chair Bowlin made a motion to approve the variance, with the condition the pole placement on Site #1 be situated at a mutually agreeable location to the property owner. The motion was seconded by Board Member Hutson. Having heard no further discussion or objections, Chair Garrett called the question, with the following results: Ayes Staudacher, Hutson, Bowlin, Pfarr and Garrett Nays None The motion was unanimously approved and the requested variance was granted. Adjournment: There being no further cases on the docket for consideration by the Board, Chair Garrett declared the meeting adjourned at 9:31 p.m. Page 6 of 6

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