Subdivision Trustee Review Requested

As a matter of building department policy and as a method of making residents aware of proposed construction activity within their neighborhoods, the city requests subdivision trustees' review of any proposed construction project that affects the exterior appearance of a home (room addition, deck etc.) or lot (pool, fence, retaining wall etc.).

The city has no ordinance that requires subdivision trustees' approval for the aforementioned construction projects. The city attorney's research into this matter concluded that the Missouri Supreme Court has ruled that subdivision indentures are private agreements that a city cannot legally enforce. It is up to the parties of the private subdivision agreement to enforce its restrictions in court, just like any other private contract.

As a matter of courtesy to a private neighborhood, the building department requests that building plans be submitted to the majority of subdivision trustees for their review and approval prior to submitting for a building permit. This step greatly increases the likelihood of trustees' review. However, the city cannot withhold the issuance of a building permit if the submittal meets all of the city's building and zoning requirements, but trustees' approval is not granted.

For example, some of the city's subdivisions have indentures that prohibit two-story homes. The city's building and zoning codes permit two-story homes throughout the city. As a result, the city is legally obligated to issue a building permit for a new two-story home or a second story addition to an existing one-story home even if trustees' approval is not obtained.

As another example, some of the city's subdivisions have indentures that prohibit yard fences. The city's zoning code has no such prohibition. If a proposed fence submittal meets all of the city's zoning code requirements regarding fence height and location, but the subdivision trustees refuse to grant approval, the city must still issue the fence permit.

If a proposed construction project would violate the subdivision indentures, and the property owner nonetheless intends to proceed with the project, the subdivision trustees would need to obtain a restraining order or injunction from the Circuit Court of St. Louis County to enforce the private agreement. Only a court would be able to resolve the issues regarding the enforceability of the indentures. The city is not authorized to become involved in such private disputes.

For more info, contact Steve Unser, chief building official, (314)872-2513 or sunser@ci.creve-coeur.mo.us.

You may also review the St. Louis County Subdivision Trustee Resource Guidebook.