Ladue City Council Closes Gate Issue

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The Ladue City Council ended the long-running gate debate with a 4-2 vote allowing gates on sites over three acres. Councilmen Charles Hiemenz and Walter Stern were the two opposing votes.

In voting against the bill, Hiemenz said the legislation would apply to only 35 homes.

“This is only one percent,” he said. “Also, this was not a unanimous recommendation by the Zoning and Planning Commission, and the chairman did not recommend it. We also had an attorney from Husch Blackwell who approached the city council about relaxing the parameters of the ordinance to two-acre sites, and the president of the city council voted against this in June.”

Councilman John Fox said that he had spent “a lot of time attending zoning and planning meetings and, in my opinion, this is a very reasonable compromise.

"This bill is for those three-acre plus properties located on public roads," he said. "And the gate has to be at least 25 feet back from the road. It only involves a few properties and that is a good thing.

“I see Mr. (Felix) Williams sitting there and he has a continual problem with people pulling in his driveway,” Fox said.

The bill has a long history.

In 2001, Ladue passed a law regulating driveway monuments and gates because some residents felt that gates did not represent an “open inviting community,” according to City Administrator Mike Wooldridge. “The bill said they (gates) were discouraged.”

The issue arose again in 2004, and language prohibiting gates on residential driveways was passed.

At the December 2010 meeting, Susan Williams appeared before the board, asking the board to reconsider their stance on gates.

She said she "was tired of gawkers driving down their driveway, around the garage, and taking pictures. One almost hit my son who was playing in the driveway.”

The Williams have a home on nine acres.

The board unanimously voted to send the issue to the Zoning and Planning Commission for further review.

The issue came before the council again in February 2010, and they declined the request for review.

Last June, James Pona, city planning consultant, said the commission, in a 5-2 vote, had  recommended allowing gates on lots not less than three acres with direct access to South Warson Road, Clayton Road, Litzinger Road, Old Warson Road, Ladue Road, South Price Road, and North Woodlawn Avenue.

Commission Chairman Peter Fischer voted against the amendment.

At Monday afternoon’s meeting, Stern said he was opposing the bill because he has “great respect for the chair of the Zoning and Planning Commission and it is a rare occasion when we do not get his recommendation.”

Don Beimdiek, attorney with Armstrong Teasdale representing the Williams, said that people drive in the their driveway, park, and enter their courtyard.

“They have strangers come wandering around. They call the police who don’t get there in time,” he said.

He added that since the property is so large and secluded, neighbors cannot see what is going on, should a break-in occur.

“I think the whole concern is that the gates send a bad message that Ladue wants to be exclusive, and they don’t feel that way,” Beimdiek said. “They just don’t want people driving up their driveway.”

Hiemenz said he thought the issue would be best handled if the residents showing hardship or difficulty would go before the Board of Adjustment commissioners and ask for a variance.

“I think there are only 31 properties that would qualify,” Fox said. “And I think 11 already have them (gates).”

When asked about the 4-2 vote, Ladue Mayor Anthony Bommarito said, “4-2 is unanimous to me. I think it’s a consensus of the city, and I’m happy they passed it. I think it’s best for the residents. It’s one city and we’re here to make the city better and I think we are doing that. We’re making a lot of strides and I’m very excited.”