Board of Adjustment Hearing

June 19, 2008 

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

                        Karen Koshak

                        Terry Rosenstrauch 

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 affirmatively. 

            After the meeting was called to order and protocol established, Robert Graehler was sworn in.  

The 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.  

A 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 therein.  

The 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) five will.  

The 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.  

The 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.

                                                             Michele McMahon