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Board denies request to keep garage forward of building line at 511 Bonaparte Avenue
Summary
The Board declined to permit a garage placed forward of the front building line at 511 Bonaparte, concluding the applicant did not show the kind of land-based hardship required for an exception; the property owner said the foundation was poured after an inspection indicated work could proceed.
The Webster Groves Board of Adjustment denied a request Thursday to allow a garage at 511 Bonaparte Avenue to remain forward of the property's front building line. The board determined the record did not show the sort of land-based hardship required to permit accessory structures ahead of the building line.
Owner John Orby told the board construction began after his contractor staked the site and city staff performed on-site inspections; Orby said planning staff's on-site reviews occurred before the concrete footings were poured, and that the construction team believed the location was acceptable. "We tried to comply. We had Webster planning department on-site, and they inspected the site'and they said go ahead and pour concrete," Orby said. He described the situation as an extraordinary circumstance because the foundation now exists in the position that was inspected.
Planning staff and board members clarified that an inspector's role is limited to health and safety inspections and does not substitute for a formal zoning determination. Staff emphasized that accessory structures in A4 districts must be located behind the front building line; the board considered whether the structure is behind the house's front building line or only partly so, and whether the deviation from that line was small enough to warrant relief. Board members noted the applicant's contractor could have reasonably placed the garage farther back or in another configuration, and that other parts of the lot (a flag lot shape) limit placement possibilities but did not amount to a unique hardship under the variance standard.
Following discussion the board voted 0-5 to deny the requested variance. Several members acknowledged the circumstances were unfortunate but concluded the Code's building-line and parking-location rules were clear and that they were not empowered to grant a variance under the evidence presented.
What happens next: The owner may work with planning staff on alternate compliant locations or modify the structure and resubmit. City staff will supply guidance on permitting, and demolition or relocation of the existing foundation would be an owner decision if the variance is not pursued further.
