MINUTES

Board of Adjustment Hearing

May 10, 2007

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

            Board of Adjustment members present were:

                        Darryl Brody, Chairperson

                        Walter DeGrendele

                        Shirley McKinney

                        Phyllis Newmark

                        Terry Rosenstrauch 

The City Attorney, Mr. Patrick Butler attended, but arrived 15 minutes late and the City Clerk, Michele McMahon recorded the Minutes.  Russ Todd, Building Commission was present and gave testimony. 

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 James and Susan Campbell, Victor Vouga (architect of the project), James Campbell III and Mary Lou Campbell; also Michael Cole, who represented Newport Homes. 

The Chairperson asked Mr. and Mrs. Campbell 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 first agenda item regarding Mr. and Mrs. Campbell's request: To construct a master suite addition that would encroach 1'2-1/8" beyond the 25' side building line.  

Mr. Campbell spoke about his current house being beyond the building line according to the survey and that his proposed project would encroach 1-1/2' less.  The new proposal will raise the previous garage and slide the new garage back with less encroachment.  There were no questions. 

There were no proponents or opponents.  

The request was tabled until the City Attorney arrived.   

The Chairperson then read the Notice of Public Hearing for the second agenda item regarding Mr. Michael Cole of Newport Home's request: To construct a new house on the property known as 2028 Kingspointe Dr. proposed to encroach 8.76' beyond 75' side building line and 19.98' (on west side of structure) beyond the 75' front building line and 27' (on east side of structure) beyond the 75' front building line.  

Mr. Cole explained that the house in the Kingspointe Subdivision he was proposing to build was on a vacant lot where the original house completely burned.  He stated that from the very beginning of his plans, he sought to stay close to the original houses location.  He explained the nature of the lot and its hardships, especially due to the lot having three side yards and the tremendous downhill slope in the back yard.  He also explained that he is requesting less of a variance than the original homebuilder.  He said it was requested by one of the neighbors not to install a circular drive for reasons of achieving more green space, which he agreed to.  He brought up the point that he searched for a brick color that would match the homes built twenty years ago and blend with the rest of the neighborhood.  He is also aware that mature trees need to remain and when construction begins, he will tape those areas off so no heavy equipment can go onto those certain areas.  Siltation control devices will also be placed in several areas so no silt goes into the lake.  He concluded by saying he has adequate labor to keep the streets clean. 

There were no proponents or opponents.  

The City Attorney, Patrick Butler arrived and it was decided to close out the Campbell's petition first.  Mr. 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 not, (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 Campbell's with the following results:  Yeas: Brody, DeGrendele, McKinney, Newmark and Rosenstrauch.  There were no nays.  The Chairperson declared the petition as being approved.  The Chairperson, Darryl Brody advised the Campbell'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 City Attorney, Patrick Butler then explained to the Board Members that the same intent of the zoning code and merits and conclusion portion contained therein holds true as stated to the Campbell's. 

The Chairperson, Darryl Brody, asked the Members for their factual determination of the proposal to which: question (1) five are, (2) five will not, (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 Newport Homes with the following results:  Yeas: Brody, DeGrendele, McKinney, Newmark and Rosenstrauch.  There were no nays.  The Chairperson declared the petition as being approved.  The Chairperson, Darryl Brody advised Mr. Cole 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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