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Board grants Bentley variance after construction staking error left house closer to street
Summary
After testimony that civil-engineering plans or staking placed a nearly completed house closer to the street than the previously approved variance allowed, the Webster Groves Board of Adjustment granted an amended variance clearing the property to be 37.27 feet from the south property line; homeowners had spent roughly $1.2 million on the build.
The Webster Groves Board of Adjustment voted unanimously Tuesday to grant a setback variance that allows a nearly completed house at 11 Old Westbury Lane to remain 37.27 feet from the south property line after the city's approved plans and the as-built location diverged.
City planning director John Wagner told the board the property had received an earlier variance to allow a 50-foot front-yard setback from the lot line, but civil engineering plans or staking appear to have measured to the roadway rather than the lot line. "What we believe happened ... was the setback was actually measured to the pavement," Wagner said. The discrepancy was not caught before foundations were poured and the house was substantially built.
Attorney Laura Bentley, representing homeowners Susan and David Bentley, said the owners did not approve any change in plans, that construction paused when the discrepancy was discovered, and that the project has about $1.2 million invested. She asked the board for the minimum additional variance (roughly 12.7 feet beyond the previously approved 50 feet) so the house would not remain legally nonconforming and to avoid protracted litigation.
Architect Robert Stro and owner's representative Michael Gartenberg discussed the lot's irregular geometry and neighborhood setback patterns, saying the as-built location is consistent with the street's varied frontages and that the code's hardship criteria remain satisfied. Neighbor Tracy Handel spoke in support, saying the house fits the character of the lane.
Members questioned whether granting the variance would create citywide precedent. Several said the situation appeared to be a procedural error tied to staking and plan review and that the board could treat it as property-specific. The board amended the motion to state the variance as relief from the code-required setback (about 78.59 feet under the averaging method) to 37.27 feet, and approved it by a 5-0 vote.
The board instructed staff on standard next steps and told the Bentleys to coordinate with plan-review staff to ensure permits and record documents reflect the board's action.
The meeting adjourned after that vote.
