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Board denies shed-encroachment variance at 310 Capri Drive; owner says contractor error
Summary
The Board of Adjustment denied a variance request from Veronica Leifers for a shed at 310 Capri Drive after staff said the structure was not built per approved plans and the permit lapsed; the applicant said a contractor handled the permit and installation.
The City of O'Fallon Board of Adjustment voted March 13 to deny a variance sought by Veronica Leifers that would have allowed an existing shed to encroach into setback lines at 310 Capri Drive.
Spencer, a city staff member, told the board the shed was built without timely inspection after a building permit was issued in September 2023 and that upon inspection the structure was not built per the approved plans. "Staff is recommending denial," Spencer said, adding that photographs suggest the shed is approximately two to three feet from the property line and that there is room on the property to construct a compliant structure.
Leifers said she contracted the shed through Tuff Shed via Home Depot and that the contractor handled permitting and paperwork. "I don't know anything about construction or, zoning," Leifers said. She said the installed shed sits on a second parcel and that moving it would be costly because of a retaining wall and drainage. Nearby neighbor Catherine Cratley told the board the shed "is not an eyesore" and said she supports the shed.
Arnie C. ACDinoff, city public advocate, said he initially opposed the shed but after hearing the applicant and neighbors was "in the middle of the road"; he nonetheless supported staff's recommendation for denial to preserve consistent code enforcement and avoid creating precedent problems for future sales. "I have to support staff in their recommendation because they have to enforce this in the future across the city," ACDinoff said.
The board closed discussion and the chair announced the variance had failed. The transcript does not record a motion maker, a second, or a roll-call vote-by-name tally. The chair advised the applicant to follow up with city staff to determine next steps.
Why it matters: the denial reinforces the city's permit and inspection requirements and highlights contractor responsibility for obtaining and following through on permits. It also leaves the applicant to pursue administrative remedies or corrective work if desired.
Next steps: the chair directed the applicant to consult with city staff to determine options after the denial.
