Crystal Lake Park

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Chairman David Evans called the meeting of the Planning & Zoning Commission and Board of Adjustment to order and announced a quorum of the P&Z Commission.

ROLL CALL:

Present:  Chairman David Evans, Commission members Amy Cislo, Rita Brinkmann and Chris Kerckhoff, Building Commissioner Robb Lappe, Mayor Matthew Balcer and Alderman Jim Gehringer, as well as Board of Adjustment members Mary Jane Cusumano, Marianne Stuart, Martin Long and Barry Larson.  Also present were City Clerk Lois LaDriere and City Attorney Steve McCandless.  Absent:  P&Z member Lee Crockett.   

OLD BUSINESS: 

            A.  Fairway Manor Subdivision Issues.  Chairman David Evans suggested a discussion on the validity of the Fairway Manor subdivision indentures prior to discussion of the review item of the new home addition and alterations for 2225 Divot Drive.  City Attorney Steve McCandless, and an attorney specializing in planning and zoning issues from the firm of Husch & Eppenberger, Mr. Feder announced their presence at the meeting.  Attorney Feder was asked to give a presentation on the issue of indentures in general, and their applicability as relates to City ordinances.  McCandless first noted that the status and validity of the Fairway Manor indentures was outside the purview of the Planning & Zoning Commission and the Board of Adjustment.  He indicated that it would be up to the residents of Fairway Manor to validate and enforce the indentures.  He also noted that it was not unusual for indentures to be more restrictive than the ordinances of a City.  Feder then introduced himself and outlined his qualifications, following which he began his presentation by saying that he had been asked to talk about architectural review and indentures.  He explained that subdivision indentures were essentially private contracts created between residents.  He further explained that controlling land use rests with City officials, not indentures.  If a conflict occurs, a City’s ordinances pre-empt trust indentures.  He stated that a trust indenture could guide the City, but is in no way controlling. 

Alderperson Gehringer asked Feder if the City should pursue the of the Fairway Manor indentures matter further.  Mayor Balcer responded that the indentures expired three months ago and were no longer an issue.  Chairperson Evans agreed that there was now confirmation that the document was invalid.  P&Z member Rita Brinkmann then asked if the City should have that confirmation documented by having the lawyers review the indentures and issue a written legal opinion.  Alderperson Gehringer suggested that the Commission proceed as the trust has been ruled invalid and further, made a Motion to approve obtaining a legal opinion in writing on the matter.  Mayor Balcer seconded the Motion, and it was approved. 

Feder continued with his discussion by saying that if a building commissioner determines that improvements or additions are detrimental to the value of the neighborhood, he could deny a permit.  That decision would include deciding if the architectural plans confirm to the standard of the neighborhood or area.  It further stated that the responsibilities of the Planning and Zoning Commission members were to review and make decisions based upon site plans, setbacks and the like, while an architectural review Board (in our case the Board of Adjustment) makes decisions based on aesthetics.  Feder subsequently cited case law as related to a decision by the City of Ladue to deny a plan to build a pyramid type home in an area of colonial homes.  The decision was based on the negative effect such a home would have on area property values.  Feder explained that when a governing body makes a decision, it is generally considered valid.  A separate review by a Board of Adjustment is unnecessary.  Feder then suggested that the City strengthen its ordinances as opposed to using a “vision statement” to guide and direct decisions.  Alderperson Gehringer noted that the City was a diverse city of homes.  He wondered whether the City could tell residents that they cannot build new homes in certain areas because they don’t match the older cottages.  Feder ended his presentation with a suggestion that the City meet with an urban planner to help it decide what its guidelines would be. 

BC Lappe then read information provided by City Clerk LaDriere regarding an upcoming seminar on planning and zoning issues sponsored by the St. Louis County Municipal League.  He suggested that all interested P&Z and Board of Adjustment members attend.  He agreed to be the point person for those wishing to sign up, and to obtain a check for same from the City, following which those members would be registered to attend the seminar. 

REVIEW ITEMS:

A.  New Home Addition and Alterations for 2225 Divot Drive (P&Z).  Ray Simon, architect for the improvements to 2225 Divot Drive opened the discussion by providing a brief background of the project.  He displayed pictures of the proposed improvements as well as a model of the home displaying those improvements.  Simon noted that the addition would provide 1200 sq. ft. of addition living space, including a master bedroom and bath, and enlarged kitchen.  He noted that his intention was to follow the California modern look preferred by the original builder and architect of the home at 2225 Divot Drive.  He explained that this was the approach he had taken when considering how to add on to the residence.  He stated that the proposed addition contained three components:  a garage, kitchen and rear addition.  He displayed a sample board which contained a brick sample and stated that the new windows would have the same look as the prior ones.  He added that he was proposing cement board siding, which is of higher quality than the traditional aluminum siding.  He also indicated that the proposed roof would be composition shingle and that the entry door would be hardwood.  In addition, cedar would be used for the rear of the home and a metal roof would be used on that portion for environmental purposes.  Also, he was now proposing to wrap brick around the entire side of the garage, and noted that siding would only be used on the end of the addition.

BC Lappe said that the metal roof would be seen from the street and that the wall on the north side of the home would be 23 feet high.  In addition, he stated that with the gable over the garage, and the use of brick, asphalt and metal on the home, that there was a lot going on with the house.  Chairperson Evans noted that he had seen similarities to the California style on other residences on the street, but also lots of divergence, too.  Further discussion ensued with P&Z Commission member Cislo noting that there was a street light on the property that would prevent the proposed new garage from being extended closer to the street.  P&Z member Brinkmann noted that she liked the proposed new garage.  Mayor Balcer said that his only concern involved the exposed side of the home on the north, and stated he would prefer it been constructed of at least half brick, in keeping with the harmony of other homes on the street.  Board of Adjustment member Larson stated that he was impressed with how much work had been done on the plans to conform to the neighborhood, yet it appeared to him that this particular plan had received far more scrutiny than most other proposed plans.  Brinkmann responded that the proposed plans for the home warranted additional scrutiny because of the uniqueness of the plans.  She further stated that no one was trying to pick on this particular plan.  P&Z member Kerckhoff said that since the plans conformed to all the ordinances regarding setbacks, etc., the only issue prior to taking a vote on the proposed plans would be whether the utility pole on the property can be removed.  He noted that all the questions had been asked and answered regarding materials to be used on the home addition.  BC Lappe again expressed his reluctance to approve a corrugated roof on the home, stating that it would not conform to other homes on the street.  Paul Devine, an attorney for the owners of the residence at 2225 Divot Drive, was present at the meeting and asked on what basis would the Commission base non-conformity since other homes on the street had siding.  He further stated that if there was no architectural consistency in the neighborhood, then how could it be determined that the proposed plans don’t meet architectural standards.  Kerckhoff responded that he believed the City was attempting to be more careful relative to setting precedence on what the City is allowing to be built.  Chairman Evans asked members if a decision now rested solely with whether or not the Commission would approve the corrugated roof and Cislo responded that the street light was also still an issue.  A discussion ensued and it was suggested that the tilt of the garage and brick on lower level still needed to be addressed, too.  Board of Adjustment member Cusumano asked if there could be an issue if the Commission allowed siding on the house.  Kerckhoff then made a Motion to approve the plans for the new addition and improvements to 2225 Divot as submitted.  Commission members then voted as follows:  Evans – aye; Brinkmann – aye; Cislo – aye; Kerckhoff – aye; Alderperson Gehringer – aye; Mayor Balcer – nay; and BC Lappe – nay.  The vote was thus tallied as five ayes and two nays.  The proposed plans for the improvements and addition to 2225 Divot were thus approved. 

NEW BUSINESS

 A. Crystal Lake Park Vision Statement Committee.  P&Z and Vision Committee member Cislo provided an update on the Committee’s work to date.  She explained that the committee had met on September 20^th to develop questions to be used in a survey to residents concerning their vision of development for the City.  All Committee members had approved the survey, she said, and residents should begin receiving the surveys in the next few days.  She added that a “collection box” would be placed near the City’s bulletin board so that residents could deposit their completed surveys.  She noted that once the results of the survey were complied, she would again brief the Committee.   

NEXT MEETING

The next meeting of the Commission and Board of Adjustment was scheduled for Thursday, November 2, 2006 at 7:00 p.m.  

VOTE TO CLOSE MEETING

There being no further business, a Motion was made to close the meeting, seconded and unanimously approved.  The meeting was adjourned at 9:00 p.m.

Lois A. LaDriere

Building Commissioner, Robb Lappe