Board of Adjustment Hearing

January 29, 2015


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

                        Jim Barry

                        Tom Berkeley

                        Jack Hauser

                        Phyllis Newmark, Alternate


The City Attorney, Mr. Patrick Butler attended along with the City Building Commissioner, Jack Schenck.  Board Member Paul Mercurio, Karen Koshak and Terry Rosenstrauch were unable to attend. 


The City Attorney and Chairman explained to the respondents for the petitioners they are present tonight to ask this Board to permit a variance from the Clarkson Valley Code 405.060.E.3. establishing that no building (or structure) shall intrude upon the area required for front, side and rear yards by proving practical difficulties or unnecessary hardships in 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.  The Chairperson then asked the respondents for 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 the property to which all stated they had.  After the meeting was called to order and protocol established, the petitioners’ architect and contractors were sworn in.  Darryl Brody read the Notice of Public Hearing for the agenda item. 


1.  To consider the request of:

            Michael and Meredith Burgh

            110 Forest Club Drive

            Clarkson Valley, MO 63005

to construct a master suite that would encroach 15’ beyond the front building line. 


Mrs. Lauren Strutman, architect and owner of Lauren Strutman & Associates, introduced herself, the general contractor, Ken DeBrecht along with Mrs. Burgh’s father, Gordon Lyons.  She explained how she located the subdivision plat through the recorder of deeds in Clayton along with the ordinance approving the original plat saying that both clearly approved this lot with a 60’ front yard.  She explained that subsequent to that, the lot reverted back to a 75’ front yard in 1989 when the City passed a new code.   She said the house is grandfathered on the 60’ front building line and this proposal for a new master suite off the front of the house would extend no farther than the current house sits – on the 60’ line.


She concluded by stating that all neighbors agreed to the project and lent positive statements to the proposal.  The Board Member had no questions. 


The Chairman called for proponents or opponents, to which there were none.  The Building Commissioner was present but no questions were asked of him.


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 Agenda item again and then asked the Members for their factual determination of the proposal to construct a master suite that would encroach 15’ beyond the front building line to which: question (1) five are, (2) three will, two will not, (3) five will, (4) five will not, (5) five will not, (6) five will.


The Chairperson then called for a vote of approval/disapproval to grant the desired variance to construct a master suite that would encroach 15’ beyond the front building line with the following results:  Yeas: Brody, Barry, Berkeley, Hauser and Newmark. 


The Chairperson declared the Burgh’s request for variance as having been approved.  Darryl Brody then advised Mrs. Strutman 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 adjourned at 7:55 p.m.




                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley