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Ellisville BZA approves Harmon Farms variances for rear-loaded homes and side-yard setbacks
Summary
The Ellisville Board of Zoning Appeals unanimously approved Harmon Farms LLC’s request to allow 0-foot side-yard setbacks on a subset of interior lots and to waive the town driveway/right-of-way permit requirement for rear-loaded homes served by private alleys, citing fire-department review and staff recommendation.
The Ellisville Board of Zoning Appeals voted to approve a petition from Harmon Farms LLC to reduce the minimum side-yard setback to zero for certain interior lots and to remove the requirement for a town driveway/right-of-way permit for rear-loaded homes served by private alleys in Phase 1 of the Harmon Farm subdivision (case BZA26-1). Staff recommended approval.
Staff said the site is in a C-1 zoning district that ordinarily requires a 10-foot side-yard setback but noted the developer obtained a special exception to allow single-family detached and attached homes. Staff recommended the variances after reviewing decision criteria including general welfare, practical difficulty, and compatibility with the comprehensive plan. The staff presentation also explained that the alleys in the subdivision will remain private, owned and maintained by a homeowners association (HOA), and that maintenance easements will allow adjacent homeowners to access siding where houses are shifted to lot lines.
AJ Willis, the project engineer for Harmon Farms, described the design and emergency-access planning. "We worked with the fire department to set those widths," Willis said, noting alley sections of roughly 12 and 16 feet and a defined 20-foot private right-of-way. Willis said most utilities are routed in the public rights-of-way and that one sanitary sewer runs along an alley behind the townhome section; there is a sanitary sewer easement that would allow the town access if work were needed. Willis said the side-yard variance would apply to about 10 interior lots to allow the houses to be shifted toward one lot line while providing a maintenance easement on the adjacent lot.
Board members asked whether emergency vehicles could access the alleys and who would pay for maintenance, snow removal and repairs if problems arise. Staff replied that the fire marshals and technical review had determined equipment can access the alleys and that the HOA would be responsible for maintenance costs; staff also noted the town retains remedies through the Unified Development Ordinance (UDO), code enforcement, the MS4 inspector for stormwater and the court system if standards are not met.
A motion to approve the petition as submitted by staff was moved and seconded. On roll-call the members recorded unanimous support and the motion carried.
The board’s action is final for the variance petition. No members of the public spoke on this item during the meeting.
