Commission rejects after-the-fact approval for 10-foot garden enclosure at 152 Petite Royal Court

A Creve Coeur Planning & Zoning Commission vote on Sept. 2 rejected an after-the-fact request to approve a 10-foot-tall garden enclosure at 152 Petite Royal Court, citing concerns about code compliance, materials and neighborhood visibility.

Neighbors and trustees told the commission the structure was highly visible from multiple streets, out of character with the subdivision and in some cases larger than previous garden installations at the property. Jeremy Lancaster, a trustee at Royal Gate, told commissioners the enclosure “is plopped right in the middle on this property” and said trustees were unanimously opposed to retroactive approval.

Staff city planner Bethany Moore said the structure consists of raised garden beds with an approximately 2-foot retaining base, 8-foot wooden posts and removable netting; staff reported no fence permit had been submitted before construction. Under Creve Coeur’s fence code, a standard fence or wall cannot exceed 6 feet unless the applicant demonstrates a unique screening problem that justifies additional height. Moore said the application did not include such a screening rationale.

Moore described options to reach compliance: reduce the visible fence portion to 6 feet so it could be approved administratively, or replace exterior materials with approved dark-coated metal or wood so the structure meets design and material requirements. Staff and commissioners also discussed whether the structure should be classified as a greenhouse, trellis or fence; staff characterized it as a fence requiring a permit because the posts and enclosure are permanent.

During public comment, Lancaster and other neighbors said the enclosure appears significantly larger than the prior garden and is visible from both front and rear streets. An attendee noted the netting is removable for winter but the posts remain year-round; the applicant confirmed the highest structural point (counting the raised bed) measures about 10 feet.

A commissioner moved to approve the site plan “for 10 foot tall bird netting and wood fence wood post fence located at the rear of the property, addressed 152 Petite Royal Court.” The motion was seconded but failed on the roll call. Recorded votes in the transcript show Mister Bilton voted No, Mister Patashnick voted Yes, Mister Richter voted No, Mister Tomlinson voted No, and the chair recorded “I vote no.” With more No votes than Yes, the motion did not carry.

Next steps discussed on the record included staff assistance to the homeowner to modify the enclosure to conform to the 6-foot standard or to submit additional information demonstrating a special screening reason. Staff recommended the homeowner share plans with the neighborhood trustees before returning to the commission.

The commission distinguished the disagreement among neighbors and staff from any HOA enforcement: staff repeatedly stated that HOA covenant enforcement is a private matter and not enforced by the city; the city’s role is limited to enforcing municipal code and issuing permits when requirements are met.