Board of Adjustment Hearing

January 10, 2007


The Clarkson Valley Board of Adjustment, pursuant to notices posted at City Hall in the Fru-Con Building met to consider one agenda item.   

            Board of Adjustment members present were:

                        Darryl Brody, Chairperson

                        Walter DeGrendele

                        Karen Koshak

                        Terry Rosenstrauch

                        Paul Young 

The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.   

After the meeting was called to order and protocol established, those members in the audience wishing to address the Commission regarding both agenda items were sworn in.  They included Andy and Joan Bender. 

The Chairperson asked Mr. and Mrs. Bender if they had objections to any of the Members of the Board of Adjustment comprising the quorum?  To which they responded they did not.  The Chairperson read the Notice of Public Hearing for the agenda item regarding Mr. and Mrs. Bender's request: To approve the attached garage with a connecting roof element less than the required width as stated by Ordinance 02-1l at the property known as 1649 Horseshoe Ridge Rd. 

Mr. Bender said he and his wife have been residents of Chesterfield for twenty years and have lived in Clarkson Valley for five years.  He explained they have 5,400 square feet of finished living area but it is a difficult situation with just a two-car garage.  Most homes, he said, have three - some even have four with two facing each other.  He named certain garden equipment for which there was no room to store and mentioned he had to sell this third car because there was no room.  He explained the nature of his driveway and garage with regard to egress and how visitors need to park on the street.   

He said when he bought the house he envisioned building another garage.  He spoke with architects and builders about his ideas.  He said he took particular care to design a garage - building it as far back as can be without going beyond the building lines. 

He said he made a 16'-to-scale connecting roof element that he superimposed on the enlarged drawing.  He did not want his project to look like an add-on, he just wanted it to look like the house was originally built; with hand laid stonework, which he will replicate.  He also spoke about landscaping, wrapping around and blocking the second garage.   

He said he spoke with five of the neighbors who all agreed this would be a nice addition.  The trustees have no objections.  And the Architectural Review Board approved the project before the architectural changes were made.  There will be extra brickwork done; the ceiling will be enclosed; floodlights; and a courtyard.   

Mr. Brody complimented Mr. Bender on his presentation.  There were no questions from the Board.  Honora Schiller, Alderperson from Ward II, spoke of the original reason the ordinance was created.  Several Board Members stated the width could never be determined from the street. 

There were no proponents or opponents.  

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.   

The Chairperson, Darryl Brody, asked the Members for their factual determination of the proposal to which: question (1) five are, (2) five will, (3) five will, (4) five will not, (5) five will not, (6) five will. 

The Chairperson then called for a vote to grant the desired variance for the Bender's with the following results:  Yeas: Brody, DeGrendele, Koshak, Rosenstrauch and Young.  There were no nays.  The Chairperson declared the petition as being approved.  The Chairperson, Darryl Brody, advised the Bender's that the variance granted by the Board is based upon the plans, which are part of the Application.  Any change in those plans will negate the variance that was granted at this meeting. 

The meeting was adjourned at 8:05 p.m.  

Respectfully submitted,

Michele McMahon

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