Board of Adjustment Hearing

January 10, 2011


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


            Board of Adjustment members present were:

                        Darryl Brody, Chairperson

                        Walter DeGrendele

                        Jack Hauser

                        Phyllis Newmark


The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  Board Members Karen Koshak, and Terry Rosenstrauch were unable to attend.  Board Member Tom Berkeley was supposed to be in attendance and after placing a call to him he stated he was unable to attend.  The Chairman spoke with the petitioner about the lack of quorum and the necessity of receiving an affirmative vote from each of the four Board members present and the decision was then made by the petitioner to proceed with the meeting.  The Chairman then asked if everyone had an opportunity to view the property to which all stated they did.  The Chairperson asked Mr. Phil Daniels, the petitioner if he had objections to any of the Members of the Board of Adjustment present, to which he responded he did not.  After the meeting was called to order and protocol established, Mr. Daniels and David Harrison with Pool Specialists were sworn in.


Darryl Brody read the Notice of Public Hearing for the agenda item to construct a swimming pool, deck, fence and equipment that will encroach into the side yard by 14'11" at the southwest end and beyond the rear yard by 15'1" at the northeast end.


            David Harrison introduced himself and stated the petitioner's request.  He said that engineering demands that a pool remain 10' beyond the house for loads.  With that in mind and by attempting to construct the pool within the building lines, the pool would only be 26' long.  The Daniels family also wanted egress out of the pool on all sides for safety sake, hence the decking. The Chairman mentioned they would require fencing.  Mr. Harrison stated the family wanted the pool for exercise and that 38' to 40' length is required for a lap.  He concluded by saying a portion of the dirt from the excavation would be used to construct a berm to further buffer noises and the entire project will be landscaped.


Commission Member Newmark mentioned that if the pool was brought in and the fire pit moved in, it would be less intrusive to neighbors.  Mr. Harrison responded the pool would be 45' from the neighbor's house. 


A call for proponents was made and Scott Schultz introduced himself as both Trustee and Clarkson Valley Alderman.  He spoke of the nature of the corner lot the Daniels reside and mentioned the subdivision has a few corner lots shaped like his with swim pools.  He also mentioned the three neighbors who signed approval of the proposal and concluded by saying there is history of this type of project being approved in the past.


The Chairman stated the structure closest to the building lines that would be encroached is the fence.  He then asked on which side of the berm the fence would be constructed and Mr. Daniels responded the berm would be outside the fence.


Commission Member Hauser said the Daniels proximity to the country club and living so close to an existing pool he is surprised they would want to build their own pool and also mentioned that in the last two years, this Board has not witnessed so great a percentage of variance request, the percentage of which is stated in the Building Commissioner's memo.  City Attorney Patrick Butler stated for the record, this is not the greatest variance requested.  Member DeGrendele mentioned the shape of the lot, which has a lot to do with it and also stated that not mentioned before, the lot contains an easement.


There was discussion from Jack Hauser and Walter DeGrendele about the number of variances granted and not granted.  Phyllis Newmark mentioned again her desire that the swim pool be reduced in size.  Mr. Harrison showed the scaled drawing of the house with the pool and landscaping and stated it really isn't so large.


The City Attorney, Patrick Butler stated for the record the survey as submitted is not a legal survey.  He asked Mr. Daniels and Mr. Harrison if they could speak with confidence as to the accurateness of the survey, to which they responded affirmatively.


A call for opponents was made, to which there was none. 


Mr. Butler explained to the Board Members the intent of the zoning code and read the merits and conclusion portion contained therein. 


Darryl Brody asked the Members for their factual determination of the proposal for the addition, 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 item to construct a swimming pool, deck, fence and equipment that will encroach into the side yard by 14'11" at the southwest end and beyond the rear yard by 15'1" at the northeast end with the following results:  Yeas: Brody, DeGrendele, Hauser and Newmark.  There were no nays.


            The meeting was adjourned at 8:15 p.m.




                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley