Determination of Issues and Findings of Facts
Board of Adjustment Case B. A. #30-13
City of Wildwood’s Board of Adjustment
Public Hearing of December 19, 2013
City Hall Council Chambers
16860 Main Street
Nature of Request:
B.A. 30-13 George and Debra Bruns, 617 Taylor Pointe Court, Wildwood, Missouri 63011 c/o Brock
Harvey, Work Horse Construction Group, PO Box 142, New Melle, Missouri 63365 request an
exception to the Minimum Yard Requirements (General) for the purpose of replacing an existing 336
square-foot, rectangular deck [14’x24’] at 617 Taylor Pointe Court (Locator Number 21U130153; Pointe
Clayton Subdivision, Plat 2, Lot 98), which would thereby authorize a rear yard setback distance of ten
(10) feet in lieu of fifteen (15) feet for this replacement structure, while not all of it extends into the
defined setback. This request is contrary to the requirements of Chapter 415.120 R-1A 22,000 square
foot Residence District Regulations of the City of Wildwood Zoning Ordinance and St. Louis County
Planned Environment Unit Ordinance # 11,543. (Ward Four)
Determination of Issues:
Principle to this request is the identification of its issues. This identification process is intended to
determine whether the variance is reasonable and appropriate under the criteria that the property’s site
specific characteristics create a unique hardship or practical difficulty with the application of individual
ordinance requirements and, if granted, its impacts are contained to the tract of land under
consideration or negligible enough upon adjoining properties to be considered acceptable. In the
instance of B.A. 30-13, the issues relating to the variance’s reasonableness and appropriateness are as
follows:
General Site and Area Conditions
1. The subject property is 0.24 acres in size [10,352.5 sq. ft.], with just over one hundred (100) feet of
frontage along Taylor Pointe Court [a publicly-maintained roadway], and a depth of one hundred
two (102) feet.
2. The lot is square in shape, fairly level, and backs to common ground, where the land area drops to
Caulks Creek, then rises substantially.
3. The lot is mostly open to sky, with exception of a couple mature trees behind the dwelling, while
the common ground to the south is heavily wooded.
4. The property is located in Plat Two of Pointe Clayton Subdivision and currently zoned R-1 One Acre
Residence District, with a Planned Environment Unit (PEU). For this development, the front yard
setback distance is twenty (20) feet, the side yard setback distances are six (6) feet, and the rear
yard setback distance is fifteen (15) feet.
5. The petitioner currently has an existing deck that was authorized with the dwelling’s construction
in 1985, after approval of the Pointe Clayton Subdivision development by St. Louis County
(recorded in 1984). However, the plan submitted indicates the existing stairs and proposed
replacement design encroach into the established rear setback area.
Current Request
6. The applicant’s request is for the purpose of replacing the existing deck, at a different size and
configuration, in conjunction with a patio to the side of it. The proposed size will necessitate a rear
yard setback distance of ten (10) feet in lieu of the fifteen (15) foot requirement.
7. The petitioner’s application included approval of the project by the Homeowner’s Association, in
addition to the two (2) adjoining residents that would be most impacted, from a visual perspective,
by this new structure.
Correspondence and Previous Actions
8. The site was duly posted in accordance with City code requirements, including the placement of a
sign on the property, an advertisement in a newspaper, and a posting at City Hall. Along with these
notifications, a direct mailing was sent to surrounding properties advertising the request.
9. The Department of Planning has received one (1) comment [petitioner] in support of said request, at
the time of the writing of this report.
10. The City of Wildwood’s Board of Adjustment has granted only one (1) variance in the Pointe Clayton
Subdivision, which was for approval of a front-yard setback distance of seventeen (17) feet in lieu of
the twenty (20) foot requirement to retain the existing dwelling, as well as a twelve (12) foot setback
for a replacement deck [corner lot].
Findings of Fact:
The Department of Planning has reviewed this request with regard to the criteria established for its
approval or denial; i.e. site characteristics, which render a unique hardship or a practical difficulty and
impacts on adjoining properties, and believes it does meet the requirements set forth to be considered
reasonable and appropriate. This position is premised upon a number of site-specific findings. These
findings are as follows:
1.
2.
The necessity for a rear-yard setback variance was discovered when the petitioner’s contractor
applied to the City of Wildwood for a Zoning Authorization for the replacement deck, depicting
different dimensions and configuration than the current structure. It was not until the
Department’s site investigation that it discovered the existing deck, specifically the steps and
handrail, encroached into the rear-yard setback area also. St. Louis County’s records indicate the
deck was constructed in 1985; however, there is no record of a variance being granted to the
subject property by that jurisdiction.
The request lacks a unique hardship, since the site is not lacking area to situate such an
improvement and meet the required setback distance. However, the depth of the lot, in
conjunction with a ranch-style house upon it, leaves only approximately ten (10) feet of usable
space for a deck.
BA 30-13 Bruns Recommendation
December 19, 2013
Page 2
3.
4.
The impact of granting an additional five (5) feet of usable area for this proposed deck will be
minimal, if any, on surrounding lot owners. Principally, the space, for which the variance is
requested, is in the rear yard and abuts a large, heavily-wooded common ground area.
The reduction in the size or redesign of the deck could be considered, but would create a
practical difficulty for the petitioner, since then the deck would be smaller in area than the
structure that currently exists and less functional, and no other portion of the lot offers a
greater depth for its construction.
Recommendation:
Considering the above-listed Findings of Fact, the Department recommends the Board of Adjustment
approve the requested variance.
Respectfully submitted,
CITY OF WILDWOOD
Department of Planning
BA 30-13 Bruns Recommendation
December 19, 2013
Page 3