Responsibilities || Non-use Variances || Appeals || Online Application Form||

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The Board of Adjustment meets at 7:00 p.m. on the second Monday of each month in City Hall, 139 South Kirkwood Road.

Meetings are open to the public.

The Board of Adjustment is a quasi-judicial board consisting of five members appointed by the City Council. Members serve five-year terms.

Responsibilities

1. Non-use variances of area, height, density, setbacks, and side yard restrictions when practical difficulties or unnecessary hardships exist.

2. Appeals regarding Building Commissioner decisions.

3. Reconstruction of a non-conforming damaged building.

4. Interpretation of zoning map inconsistencies.

5. Vary parking and loading regulations when they impose unreasonable hardship.

6. Permit the extension of a district where the zoning boundary line divides a lot held in single ownership.

7. Use variances when permitted uses deprive property of all beneficial use.

8. Powers regarding fences consist of the following:

            a. Appeals of Building Commissioner’s decisions.

            b. Variances on grounds of undue hardship.

Non-use Variances

Proposals for development that can’t meet all the requirements in the zoning code require variances. A variance authorizes a deviation or departure from the literal requirements of the zoning regulations ordinance in order to avoid unnecessary hardships or practical difficulties to a landowner. A variance usually deals with some measurable physical requirements such as height, bulk, or setbacks and is based upon a finding that granting such variance will not be contrary to public interest.

A typical use of the variance procedure would be to permit construction of a home on a lot too narrow to give the required side yards because it was platted before the adoption of the current side yard regulations. The variance mechanism is not to be used in hardship situations that are the result of an action by the landowner, but only when the particular physical surroundings, shape of the property, or topographic conditions render strict compliance with the zoning code impractical.

In order to grant a variance, the Board of Adjustment must decide, and have evidence, that the proposed change will not:

•            Constitute a change in the zoning map

•            Impair an adequate supply of light and air to adjacent property

•            Increase congestion in public streets

•            Increase the danger of fire

•            Materially diminish or impair established property values

•            In any other respect, impair the public health, safety, comfort,
              morals, and welfare of the City of Kirkwood.

If the board finds that the proposed change results in any of the above conditions, the request for a variance may be denied.

Appeals

The Building Department enforces the city zoning code through the office of the Building Commissioner. Appeals and variances may be filed with the Building Commissioner within 30 days specifying the grounds for the appeal. The Building Commissioner then forwards the appeal or variance to the Board of Adjustment.

The action which the Building Department plans to take is stayed (delayed) unless the Building Commissioner determines that such a stay would cause imminent peril to life or property. In such a case, proceedings would be stayed only by a restraining order.

The Board of Adjustment will conduct a hearing to gather evidence about the appellant’s and the Building Commissioner’s positions on the matter.

A reasonable time for the hearing of the appeal will be set by the Board of Adjustment. Not less than 15 days public notice of the hearing must be given in a generally circulated newspaper (The St. Louis Countian) in the City of Kirkwood. Formal notice also must be sent to property owners located within 300 feet of the proposed change.

At the hearing, anyone may appear in person or through a representative. Normally, the Building Commissioner will present evidence in support of the city’s position, and then the appellant presents evidence in support of his/her position. People planning to appeal and present evidence at such a hearing, but who are unfamiliar with hearing proceedings, should consider observing a hearing prior to their own in order to become familiar with the procedures.

After hearing all interested persons, the board decides to grant or deny the appeal, or variance.

Online Application Form

Print off the PDF file below to make your application process easier once you arrive at City Hall.

Board of Adjustment Application

2007/2008 Submittal Schedule