Board of Adjustment Hearing
May 19, 2014
The Clarkson Valley Board of Adjustment, pursuant to notices posted, met at City Hall in the Clarkson Executive Center to consider one agenda item.
Board of Adjustment Members present were:
Darryl Brody, Chairperson
Karen Koshak, Alternate
Terry Rosenstrauch, Alternate
The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes. Board Members, Jim Barry and Jack Hauser were unable to attend, as was Alternate Member, Phyllis Newmark. Alderperson Amy Setnicka also attended.
The City Attorney and Chairman explained to the Rosencrans's they are present tonight to ask this Board to permit a variance from the Clarkson Valley Code 405.060.E.3. establishing that no structure shall intrude upon the area required for front, side and rear yards by proving practical difficulties or unnecessary hardships in the carrying out of the provisions of the code due to topographic or other conditions. A Board for these adjustment requests consists of five members and a concurring vote of four (4) members of the Board shall be necessary to effect a variation in the Zoning Ordinance, further explaining that, as informed earlier that day, due to unforeseen circumstances, one Member of the Board was unable to attend. Concluding by stating it would take a unanimous decision to pass this request. He asking if the Rosencrans's were aware and okay with the situation. They stated affirmatively on both counts. The Chairperson then asked the petitioners if they had objections to any of the Members of the Board of Adjustment, to which they responded they did not. He then asked the Board Members if they had an opportunity to view both properties to which all stated they had.
After the meeting was called to order and protocol established, the petitioners and their contractors were sworn in. Darryl Brody read the amended Notice of Public Hearing explaining the request for variance encompasses two projects: one for the pool and fence; the other for a veranda and trellis. Each of the two projects is being accomplished using separate contractors. The contractor for the second project mentioned above was unaware the column and trellis stringers encroached upon the rear building line. This was then added to the Agenda at a later time.
Mr. Robert Warren and Ken Mikes with Baker Pool, introduced themselves and informed those present that Mr. and Mrs. Rosencrans were before this Board tonight to request a variance to: construct a pool that will encroach 13' 5" into the rear yard setback, a fence that will encroach 37' 6" into the rear yard setback, a column support for the back porch veranda that will encroach 1' 4" into the rear yard setback and four trellis outriggers with the farthest encroachment of 2' 3". They explained the thought process the Rosencrans's went through saying they wanted to be mindful and respectful of the City's codes and building lines.
There were no comments or questions from the Board. There were no proponents or opponents present and no one from the City spoke on the project.
The City Attorney, Patrick Butler explained to the Board Members the intent of the zoning code and read the merits and conclusion portion contained therein.
Darryl Brody read the amended Agenda item again: to construct a pool that will encroach 13' 5" into the rear yard setback, a fence that will encroach 37' 6" into the rear yard setback, a column support for the back porch veranda that will encroach 1' 4" into the rear yard setback and four trellis outriggers with the farthest encroachment of 2' 3" and then asked the Members for their factual determination of the proposal for the pool, fence and trellis, to which: question (1) four are (2) three will, one will not, (3) four will, (4) four will not, (5) four will not, (6) four will.
The Chairperson then called for a vote of approval/disapproval to grant the desired variance for the pool, fence and trellis to extend beyond the rear building line with the following results: Yeas: Berkeley, Brody, Koshak, and Rosenstrauch.
The Chairperson declared the Rosencrans's request for variances as having been approved. Darryl Brody then advised Mr. and Mrs. Rosencrans the variance granted by the Board is based upon what took place tonight. Any change making the variance greater than what was presented will negate the variance that was granted at this meeting.
The meeting was adjourned at 7:45 p.m.
City of Clarkson Valley