Board of Adjustment Hearing
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
The City Attorney,
Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the
Minutes. The Chairman asked if all
Board Members had a chance to view the property, to which they responded
After the meeting was called to order
and protocol established, Robert Graehler was sworn in.
Chairperson asked Mr. Graehler if he had objections to any of the Members of the
Board of Adjustment comprising the quorum?
To which he responded he did not. Darryl
Brody read the Notice of Public Hearing for the agenda item regarding Mr. and
Mrs. Kelly’s request to construct a 30” tall retaining wall to support a
750 sq. ft. patio constructed of brick pavers 4’ x 6’ x 10’ tall
stone-veneer wood burning fireplace that encroaches 22. into the required 75’
front yard setback.
Mr. Graehler informed the Board that he
works for Chesterfield Valley Nursery, who was contracted to build the retaining
wall, patio and landscape the newly built house at 2028 Kingspointe Drive.
He described the hardship with the property due to two 75’ setbacks;
various steep grades and the necessity of building the retaining wall, which he
explained, is pre-engineered. He
concluded by saying he would maintain proper drainage, and this project would
in-fact make it better.
call for proponents and opponents was made, to which there was none.
The City Attorney, Patrick Butler explained to the Board Members the
intent of the zoning code and read the merits and conclusion portion contained
Chairperson, Darryl Brody, asked the Members for their factual determination of
the first proposal to which: question (1) five are, (2) five will not,
(3) five will, (4) five will not, (5) five will not, (6)
Chairperson then called for a vote of approval/disapproval to grant the desired
variance with the following results: Yeas:
Brody, DeGrendele, Hauser, Koshak, and Rosenstrauch. There were no nays.
Chairperson declared Mr. and Mrs. Kelly’s petition as being approved.
Darryl Brody then advised Mr. Graehler that the variance granted by the
Board is based upon the plans submitted at this evening’s meeting, which are
to be made part of the Application. Any
change in those plans will negate the variance that was granted at this meeting.
The meeting was adjourned at 8:00 p.m.