MINUTES

Board of Adjustment Hearing

April 1, 2015

 

The Clarkson Valley Board of Adjustment, pursuant to notices posted, met at City Hall in the Clarkson Executive Center to consider three agenda items.

 

            Board of Adjustment Members present were:

                        Darryl Brody, Chairperson

                        Tom Berkeley

                        Jack Hauser

                        Paul Mercurio

                        Phyllis Newmark, Alternate

 

The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  Board Member Jim Barry, Karen Koshak and Terry Rosenstrauch were unable to attend. 

 

The City Attorney and Chairman explained to 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 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 properties to which all stated they had.  After the meeting was called to order and protocol established, the petitioners and a landscape designer were sworn in.  Darryl Brody read the Notice of Public Hearing for all three agenda items. 

 

1.  To consider the request of:

            Scott and Sherri Black

            16850 Kehrsdale Drive

            Clarkson Valley, MO 63005

to move an existing wrought iron 4’ pool code black steel fence encroaching 9.5’ to the left beyond the side building line. 

 

2.  To consider the request of:

            Bernie and Carla Squitieri

            2156 Kehrs Mill Road

            Clarkson Valley, MO 63005

to construct a fence to encroach 10’ into the east and west side yards and 30’ into the rear yard.

 

3.  To consider the request of:

            Steve & Suzie Lowy

            1624 Broken Reins Court

            Clarkson Valley, MO 63005

            Home Phone:  314-409-8099

            Office Phone:  314-878-4777

to construct an office addition that would encroach 7.54’ into the (west) front yard.

 

Mrs. Sherri Black stated they were present at the last Board of Adjustment Hearing on March 9th at which time it was determined they required additional information regarding the project.  Questions were asked of the Black’s and their landscape designer, Scott Gamblin of Flora Design and Landscape regarding the location of the existing fence.  Darryl Brody stated it appeared to be 3’ beyond the building line.  The Black’s stated the fence was there when they purchased the house. 

 

The Chairman called for proponents or opponents, to which there were none.  There was no one from the City to speak on the proposal.

 

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 move an existing wrought iron 4’ pool code black steel fence encroaching 9.5’ to the left beyond the side building line to which: question (1) four are, one are not, (2) one will, four 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 move an existing wrought iron 4’ pool code black steel fence encroaching 9.5’ to the left beyond the side building line with the following results:  Yeas: Brody, Berkeley, Hauser, Mercurio and Newmark. 

 

The Chairperson declared the Black’s request for variance as having been approved.  Darryl Brody then advised Mrs. And Mrs. Black 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. 

 

Darryl Brody read the second agenda item and gave the floor to the petitioner, Bernie Squitieri.  Mr. Squitieri introduced himself and his wife, Carla, and said they too were on the March 9th docket and required additional information.  They amended their request because they were ultimately denied at that meeting. He explained the hardship as being the shape of the lot.  He mentioned the driveway which required a variance when constructed, due to the necessity of propping one side with a retaining wall.  He spoke of the nature of the ornamental fence they would like to enclose their pool with.

 

He explained that the pool is going to be constructed within the building lines and showed a site plan of what it would look like if he constructed the fence within the building lines – which would be 9’ wide at the north end.  He then handed out several additional photos to validate his point.

 

Mr. Squitieri mentioned an existing 4’ high barbed wire fence that is on the property line between the Dunhill common ground and his eastern side yard. 

 

The Chairman called for proponents or opponents, to which there were none.  There was no one from the City to speak on the proposal.

 

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 fence to encroach 10’ into the east and west side yards and 30’ into the rear yard to which: question (1) three are, two are not, (2) three will, two will not, (3) three will, two will not (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 fence to encroach 10’ into the east and west side yards and 30’ into the rear yard with the following results:  Yeas:  Brody, Hauser and Newmark.  Nays:  Berkeley and Mercurio. 

 

The Chairperson declared the Squitieri’s request for variance as not approved. 

 

Chairman Brody read the last agenda item and gave the floor to the petitioner, Steve Lowy.  Mr. Lowy stated his house built in 1978 was constructed 67’ from the street, however, at the time the subdivision was platted this lot was granted a 50’ front building line.  He now understands the front building lines revert back to 75’ for any new construction.  His proposal is on the same line with the rest of the house.

 

The Chairman called for proponents or opponents, to which there were none.  There was no one from the City to speak on the proposal.

 

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 an office addition that would encroach 7.54’ into the (west) front yard to which: question (1) five are, (2) two will, three 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 an office addition that would encroach 7.54’ into the (west) front yard with the following results:  Yeas:  Berkeley, Brody, Hauser, Mercurio, and Newmark. 

 

The Chairperson declared the Lowy’s request for variance as having been approved.  Darryl Brody then advised Mrs. And Mrs. Lowy 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 8:05 p.m.

 

           

 

                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley