O’Fallon City Council sides with homeowners on variance

After months of going through city channels and much debate about their zoning variance request, Jared and Sarah Stone received good news from the O’Fallon City Council on Monday.

The council unanimously approved the first reading for a variance to keep a patio roof on the Stones’ home at 302 S. Augusta St., approving the 34.81 percent of lot area coverage, which exceeds the 30 percent limit in the city code.

“As I said to the council, I want to thank the city for working with us. They showed they were willing to consider this in a case-by-case basis. Even thought it was painful at times, we learned a lot, and (are) grateful to see the process work. (We are) glad it could be worked out,” Jared Stone said after the meeting.

Alderman Jerry Albrecht stated before the vote: “This has been discussed a lot. It tears at your heart that they tried to do everything right, and were enmeshed in this situation … Normally, I would vote no, because I think rules are rules, and if you want to change it, change the rule, but this is an exception, and I think that I am going to vote yes on this.”

The Stones had added a 180-square foot bedroom after purchasing the one-story ranch home in March. The lot size of 9,022.5 square feet is like other single-family lots in the Parkview Gardens subdivision.

The homeowners gained sympathy for their plight, after facts emerged, and through the community development staff and the council committee, worked out the issues for the area-bulk zoning variance.

The total square footage of structures on the property is 2,961, which includes a garage, covered patio and accessory structure, and that exceeded the maximum lot coverage at 32.82 percent.

They had been granted permission to add a room only if a 252-square-foot covered patio roof was removed. They asked to keep the roof, as explained in a hardship plea.

A zoning officer’s denial recommendation was agreed on by staff and submitted to the council for action Aug. 7, but the council returned it to the CDC for further consideration, and the committee recommended approval Aug. 14.

The Stones have lived in O’Fallon for seven years, moving here for work from the Chicago area. They have two children, a 3-year-old and 5-month-old.

Two days before closing, the Stones found out that the county records listed the square footage below the MLS listing, around 9200 square feet. The general contractor found plans that the city claimed ownership of 10 feet around both sidewalks, but were told it’s not an easement.

A previous owner had received permission to add on in 1991, and it wasn’t known at the time that pushed the square footage over the city code limit.

It would have cost the Stones $5,800 to remove their covered patio. Besides the cost, they didn’t it want removed. The patio provides the only shade in the back yard, and his children play there, Jared Stone told the council. The surrounding neighbors signed a petition in support.

The city’s zoning hearing officer, Douglas C. Gruenke, of Bruckert, Gruenke and Long, did not recommend approval in presenting his findings July 13, after a public hearing July 11.

He said the request did not meet the conditions required for approval.

“The allowance of lot coverage to exceed the 30 percent are uncommon within O’Fallon and could alter the essential character of the locality,” Gruenke stated in his report.

After the meeting, Mayor Herb Roach said he thought it would have caused more problems to have the structure torn down, once the facts had come to light. He was glad the city’s staff and committee could work in favor of the residents in this instance.

This story was originally published August 23, 2017 at 9:56 AM with the headline "O’Fallon City Council sides with homeowners on variance."