St. Charles County zoning board hears three setback variance requests; board approves with conditions

The St. Charles County Board of Zoning Adjustment met July 2 and considered three variance requests that would allow structures closer to property lines than current zoning permits.

Chair Jerry Printer opened the meeting and reminded attendees that, because only four board members were present, any variance approval would require a unanimous vote. The board heard applications for: a detached garage at 1 Walnut Park Court, a rebuilt deck at 3217 Eagles Hill Ridge, and a replacement covered porch at 1539 Highway D.

County planning staff recommended denial for the Walnut Park Court request, saying the application did not meet all four criteria in the Unified Development Ordinance for a variance. "We recommend that the Board of Zoning Adjustment deny the application due to not meeting all four criteria," a staff presenter said, citing incomplete documentation of unique physical circumstances and alternatives not shown in the record.

Ron Turney, who identified himself as one of the property owners for 1 Walnut Park Court, said the selected site is the only reasonably flat portion of the lot and described the proposal as "the least of two evils" compared with moving the structure closer to the house or requiring extensive retaining walls. Neighbor Drew Recti, who lives across the street, opposed the variance, saying the neighborhood’s large lots and sight lines would be diminished and that additional garages would increase noise and reduce privacy.

For 3217 Eagles Hill Ridge, the applicants and neighbors said the existing deck and ramp were permitted previously and had deteriorated; the owners want to replace a ramp with stairs and rebuild the deck. County staff recommended denial because the earlier construction was an affirmative act that created the present noncompliance, but several neighbors spoke in support. After discussion the board approved that variance "with the three county recommendations," and the transcript records the vote as unanimous.

The third request, for 1539 Highway D, came from property owner Dennis Brown, who described a historic, mid-19th-century masonry building and said a porch is required for safe entry and egress. County staff recommended approval for this case, noting the age and historic placement of the porch; the board moved to approve with the staff-recommended conditions and the motion passed.

Votes and appeals: for each approved variance the board attached the standard condition that the applicant obtain any additional permits (for example, County Highway permits for curb or right-of-way work) and noted the 14-working-day County Council appeal period. The transcript records motions and seconds for each case; it records a unanimous outcome on the Eagles Hill Ridge and Highway D cases and shows a motion and votes for Walnut Park Court but does not include a clear, named roll-call tally for that first vote in the excerpt provided.

What happens next: applicants were told to secure required building permits and any additional approvals from county departments. Decisions of the Board of Zoning Adjustment may be appealed to the County Council within 14 working days after notification of the board's decision is mailed.

Votes at a glance: - VAR26-02 (1 Walnut Park Court): request to encroach 25 feet into a 50-foot front-yard setback for a detached garage. Staff recommended denial; the board moved on after a recorded motion to approve with conditions. The transcript excerpt does not record a clear roll-call tied to specific names in the record. - VAR26-03 (3217 Eagles Hill Ridge): request to encroach 4 feet into a 7-foot front-yard setback to replace an existing deck. Staff recommended denial; the board approved the variance with county-recommended conditions (unanimous vote recorded in transcript). - VAR26-04 (1539 Highway D): request to encroach into a 50-foot front-yard setback to rebuild a covered porch in the prior footprint. Staff recommended approval; the board approved the variance with county-recommended conditions.

The board approved minutes and adjourned. Any party seeking to appeal a decision has 14 working days from mailing of notification to file an appeal with the County Council.