Creve Coeur board approves variance for deck at 1 Beaver Drive

The Creve Coeur Board of Adjustment voted unanimously to grant a variance that will allow the owner of 1 Beaver Drive to rebuild an existing deck that extends 14 feet into the city's 15-foot side-yard setback. The board read findings and approved the variance after staff and the applicant described the lot's development history and safety concerns with the current deck.

City planner Bethany Moore told the board the lot was platted in 1952 as part of the Tealwood Plat 2 Subdivision and was not originally laid out with side- or rear-yard setbacks. "This lot was developed as part of a subdivision within the city of Creve Coeur in 1952," Moore said, and she explained that the house and deck therefore now sit within the 15-foot side-yard building line. Moore said the furthest point of the existing deck comes to about 1 foot from the property line and that the applicant is requesting a 14-foot variance to rebuild in the same footprint.

Applicant Steven Bigg, who identified himself as the property owner, said he bought the house about a year ago and did not receive notice of any encroachment at the time of purchase. "We bought the place a year ago, and there was no disclosure of any easement encroachments," Bigg said, adding that the existing deck is "unsightly" and "becoming unsafe." He and the contractor, Keith Urig of Chesterfield Fence and Deck, described substantial deterioration and said repairs alone would not meet current code requirements for a landing and stair risers.

Board members asked about alternatives, including moving the door or shifting access to the back of the house. Staff and the applicant said those options would be costly or impractical: one board member noted moving the door and infilling the old opening would require extensive work and likely be much more expensive than rebuilding the deck. Moore also noted the property could be expanded toward the west within the buildable area without a variance; the variance is required only because of the east-side configuration that provides access from the side door.

During technical discussion, the required landing at the bottom of the stairs was described as a three-foot pad; witnesses described the planned concrete pad variously as about "4 by 4" and "3 by 4," and staff confirmed the pad edge would be approximately 1 foot from the property line. The contractor outlined construction plans calling for pressure-treated subframe, 2x10 joists, 6x6 support posts and cellular PVC decking.

After taking public testimony and entering exhibits into the record, the chair read a motion to approve the variance, stating the board's positive findings on uniqueness (historic platting), hardship not caused by the current owner, lack of adverse effect on adjacent properties, practical difficulty if the code were strictly applied, protection of public welfare, and consistency with the spirit of the zoning code. The board then conducted a roll-call vote; five members voted in favor and the motion passed.

The board also directed staff to prepare findings of fact and conclusions of law for the variance and authorized the chair to execute those findings on behalf of the board. No neighbors had filed complaints in the notice period, according to staff.

The board moved on to scheduling and brief litigation updates before adjourning. The board indicated it will likely meet again in January; specific dates and deadlines for 2025 were approved.