Board of Adjustment Hearing

July 1, 2010


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

                        Tom Berkeley

                        Walter DeGrendele

                        Jack Hauser

                        Phyllis Newmark


The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  Board Members Karen Koshak, Terry Rosenstrauch and Paul Mercurio were unable to attend.  The Chairman asked if everyone had an opportunity to view the property to which all stated they had.  The Chairman asked if the gentleman representing Rockwood School District, Steve Smith, objected to any of the Members of the Board of Adjustment comprising the quorum, to which he responded he did not.  After the meeting was called to order and protocol established, Mr. Smith was sworn in.


Darryl Brody read the Notice of Public Hearing for the second agenda item, stating the first petitioner rescinded the request.  The request from Rockwood School District is: to locate a retaining wall that will hold back grade between the existing retaining wall and the new stair case.  The retaining wall will encroach 9’ 10-1/4” into the 75’ set back.


            Mr. Smith introduced himself saying he is from the firm of Glenn Construction, project manager for this Rockwood project.  Glenn Construction also represents Rockwood School District on related matters.  As you know, he stated, there are two Rockwood schools located in your jurisdiction.  Marquette High School being one; has 2200 students and projections show no decline in student population.  There continues to be a need for additional classrooms.


They are currently constructing a permitted stairwell located within the building lines, which are 75’ on all sides.  In this case, it is 75’ from the Clarkson Road right-of-way.  The necessary retaining wall connects an existing legal, non-conforming retaining wall to the project and is required to hold back the earth for the stairwell.  The district is asking this Board’s approval for a variance.


Questions were asked:  Jack Hauser asked about drainage control, to which Mr. Smith stated MSD is soundly in charge of inlets and storm sewers.  Phyllis Newmark asked if the retaining wall would have a fence on top, to which he responded affirmative.  He also called attention to the paved fire road all the way around.  The height of the wall was established.


A call for proponents and opponents was made, to which there were none.  There were no further questions for Mr. Smith.


The City Attorney, Patrick Butler explained that given sovereign jurisdiction to the school district the Board Members do have the authority to grant a variance then he explained the intent of the zoning code and read the merits and conclusion portion contained therein. 


Darryl Brody asked the Members for their factual determination of the proposal for the addition, 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 for the retaining wall to extend 9’ 10-1/4” beyond the building line with the following results:  Yeas: Brody, Berkeley, DeGrendele, Hauser and Newmark.  There were no nays. 


The Chairperson declared the school district’s petition as being approved.  Darryl Brody then advised Mr. Smith that the variance granted by the Board is based upon what took place tonight.  Any change will negate the variance that was granted at this meeting. 


            The meeting was adjourned at 7:50 p.m.




                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley