Jefferson County BZA approves reduced rear-yard setback for Festus property at 813 Bryce Drive

The Jefferson County Board of Zoning Adjustment on Thursday granted a variance reducing the required rear-yard setback for a detached garage at 813 Bryce Drive in Festus from 50 feet to 35 feet, allowing the property owner to locate the structure nearer the rear property line than zoning rules normally permit.

The decision overturns the planning staff’s recommendation to deny the request. County staff told the board the Unified Development Ordinance requires a 50-foot rear-yard setback in the R40 zone and recommended denial because staff believed the lot had sufficient space to locate the garage without encroaching on the required setback. The applicant, Jeff Young, testified that septic laterals, an engineered retaining wall and driveway layout make meeting the full 50-foot setback infeasible.

During the public hearing, a county planner summarized the application as a request to reduce the rear-yard setback in an R40 (40,000-square-foot minimum) district for construction of a detached garage on a roughly 0.97-acre lot at 813 Bryce Drive. The planner entered the county’s exhibits into the record, including the Jefferson County Chapter 400 Unified Development Ordinance and the staff report.

Applicant Jeff Young, who said he lives at 813 Bryce Drive and had been sworn in for testimony, told the board he had obtained homeowners association approval and that septic laterals run north–south across the rear yard. "I have 2 laterals that are a hundred hundred and 10 feet long that run north and south," Young said, describing the drain-field layout behind his house and explaining that moving the proposed garage to meet the full 50-foot setback would conflict with the septic field. He also described an 8-foot engineered retaining wall and said the builder’s engineering required additional clearance from that wall.

Board members discussed whether the lot’s shape or other exceptional conditions justified a variance under the county’s standards. One board member said the board looks at whether a property is "unique or peculiar" and noted the county evaluates whether a variance would substantially affect the Unified Development Ordinance standards or the community’s health and welfare. Several members said they were uncomfortable granting the full 50% reduction the applicant initially requested (a 25-foot setback), but indicated willingness to consider a smaller reduction.

After deliberation a board member moved to grant a reduced setback of 35 feet instead of the full 50 feet; another board member seconded the motion. The motion carried on a voice vote with all board members present voting in favor. The board’s action changes the required rear setback for the subject property to 35 feet and allows Young to proceed with building plans and permit applications reflecting that setback.

County staff recorded acceptance of the applicant’s Exhibit C into the record during the hearing. The board also executed an order from the prior meeting as routine business.

The variance applies only to the requested rear-yard setback for a detached garage on the property at 813 Bryce Drive; no other changes to site plan, septic permitting or building permits were approved by this action. The applicant was advised to submit building plans and follow the county’s permit process using the 35-foot rear-yard setback granted by the board.