MINUTES

Board of Adjustment Hearing

July 25, 2012

 

The Clarkson Valley Board of Adjustment, pursuant to notices posted, met at City Hall in the Clarkson Executive Center to consider one agenda item containing two requests.

 

            Board of Adjustment members present were:

                        Darryl Brody, Chairperson

                        Walter DeGrendele

                        Jack Hauser

                        Paul Mercurio

                        Phyllis Newmark

 

The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  The Chairman, Darryl Brody, asked if all Board Members had a chance to view the property, to which they responded affirmatively.  Mr. Brody read the agenda item.

 

The Chairperson asked if the petitioner had objections 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. Beck was sworn in. 

 

Mr. Beck introduced himself and thanked everyone for entertaining his request this evening.  He stated they purchased the house in 2011 and the previous owner/builder came to this Board previous times and received a variance to locate the corner of the house and the projection of the fireplace 9' beyond the setback and at the same corner of the house, locate a deck 12' beyond the 75' side yard setback. 

 

He stated that since they moved in, they landscaped the corner of the property at Kehrs Mill Road to enhance the looks and they remodeled the basement.  They wanted to re-do the deck to include a porch with half of it screened and to include a gazebo only to find the existing deck (which was subsequently torn down) was located beyond the building line as well as the house itself. 

 

Mr. Beck concluded by saying the hardship for this request for a variance is dealing with two 75' setbacks.  For this porch, he is requesting a 14' 10" variance which is only a few feet over what was originally granted.  He went on to explain that as long as he is here and paying for the privilege to be before this Board, he would also like to propose a variance to locate a pump and heater 5' beyond the 25' side yard for a future project of building a swim pool within the required yard.  There will also be a 6' tall retaining wall at that side yard in which the pool equipment will be located 2' below the wall's sill.  The 5' variance request includes the outside portion of the retaining wall.  The Board asked for further clarification, to which it was explained that from the side property line going toward the house will be 20' to the outside of the retaining wall.  Within that 5' section will be the full width of the wall itself and the heater and pump.  He concluded by saying that from an overall standpoint of hardship as to why to locate the equipment in that area of the property, that is where all the utilities are located.

 

            A call for proponents and/or opponents was made, to which there were 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 part of the proposal to locate the deck/screened porch 14' 10" beyond the 75' side yard to which: question (1) five are, (2) five will, (3) four will; one will not, (4) five will not, (5) five will not, (6) four will; one will not.

 

A roll call vote was then taken to allow/not allow the proposed deck/screened porch.  Yeas: Brody, DeGrendele, Hauser, Mercurio and Newmark.  There were no Nays.  The Chairperson declared the petition as having passed and stated the petitioner is required to build the deck/screened porch exactly as presented at this evening's meeting.  Any changes would require another variance request.

 

The Chairperson, Darryl Brody, asked the Members for their factual determination of the second proposal to locate future pool equipment and retaining wall 5' beyond the 25' side yard to which: question (1) two are, three are not, (2) two will, three will not, (3) five will; (4) five will not, (5) five will not, (6) five will.

 

A roll call vote was then taken to allow/not allow the proposed future location of pool equipment and retaining wall.  Yeas: Brody, DeGrendele, Hauser, Mercurio and Newmark.  There were no Nays.  The Chairperson declared the petition as having passed and stated the petitioner is required to build the pool equipment and retaining wall exactly as presented at this evening's meeting.  Any changes would require another variance request.

 

            The meeting was adjourned at 7:55 p.m.

 

Respectfully submitted,

 

 

 

                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley