In 2003 Chuck and Anita Marley purchased an 11,000 square foot lot at 44 Connie Drive. It had an old well house on it and for many years had been operated as a community well. They bought the lot and two adjoining ones. They eventually wanted to build a house on the lot at 44 Connie.
When they made the purchase the seller sadvised them they did not advertise the property because a neighbor with political connections in St. Charles, the Pryor family, wanted the property but the sellers told them they did not want to sell to the Pryors.
In August of 2004 they submitted a plan to City Hall. The City gave them a list of ten things they wanted them to do. In September they addressed the 10 issues. October came along and they had still not received a permit. In checking with City Hall to determine why there was a delay they were told the lot was too small to build on. Research determined the property was plated in 1955 when there were no zoning requirements. Ordinance 156.163
They discovered in the zoning ordinances a section that said if property had been platted prior to 1977 the Community Development Director could administratively grant a lot width variance if they combined some of the ground from one of their other lots. The Ordinance reads, The purpose of this provision is to permit utilization of recorded lots, which lack adequate width and/or depth so long as reasonable living standards can be provided.
Any lot in a residential zoning district which was recorded in the County recorder of Deeds office at the time of the adoption of these regulations, and which does not meet the requirements of this chapter for lot area, lot width or depth may be utilized for single-family residential purposes under certain conditions. It was adopted in 1977.
According to the Marleys they met all the conditions. They combined the lots and applied for the variance on October 18, 2004. Community Development Director Tom Ashburn denied their request. They then appealed to Acting City Administrator Mike Valenti who denied their appeal for a variance on November 8, 2004. The Marleys said Valenti told their attorney there were neighbors with political connections and a member of the family was an attorney who would sue if the building permit were issued. He told him the neighbors did not want anything built on the lot. “Valenti told our attorney that he wanted us to take it to court for disposition because the city did not want to take heat from the Pryor family,” said Anita Marley.
The Marleys then received a condemnation notice for a carriage house they have on their property on White Oak Lane. “The carriage house has recently been completely remodeled and is used for our studios and guest bedrooms,” said Chuck Marley. “It is in excellent condition and would be valued in excess of $100,000. When we contacted the City they told us it was an error and they wanted to condemn the remains of a building that is on our property on Connie.” The building on Connie has been there for more than 50 years and apparently no condemnation notice was ever issued until the Marleys asked for a building permit.
The Marleys contacted Councilman Jerry Reese. Councilman Reese told them he would have City Attorney Valenti write an ordinance that would take care of their problem. Anita Marley told the First Capitol News, “After Councilman Reese requested the ordinance, Mr. Valenti told our attorney that even with the ordinance the city would not issue us a building permit. We contacted Councilman Reese again and he talked to the City Administrator and was told Valenti was correct, no building permit would be issued.”
The Marleys are considering their options but will continue to pursue their request for a building permit.
