of Adjustment Hearing
Valley Board of Adjustment, pursuant to notices posted at City Hall in the
Fru-Con Building met to consider three agenda items.
of Adjustment members present were:
Darryl Brody, Chairperson
Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon
recorded the Minutes.
meeting was called to order and protocol established, Chairman Darryl Brody
explained there were three items shown on the agenda; however, the petitioner
for agenda item number-one resolved the issue prior to this meeting and it was
declared this item would be removed from the agenda.
He further explained it was necessary that he recuse himself from the
second agenda item because he represented the petitioner.
Walter DeGrendele was now handed the gavel and served as Chairman.
Mr. DeGrendele swore in those members in the audience wishing to address
the Commission regarding the Mark Farner agenda item, which was only Darryl
asked Mr. Brody if he had objections to any of the Members of the Board of
Adjustment comprising the quorum? To
which he responded he did not. The
Chairperson read the Notice of Public Hearing for the second agenda item
regarding Mr. Mark Farner's request: To construct a fence around an existing
pool/tennis court that will encroach upon the side yards: on the north side 10'
and on the south side 20'.
stated that he represents Mark Farner, the owner of a lot in Clarkson Valley
that contains a swim pool - which requires a fence.
He said Mr. Farner purchased the house and property thirteen years ago
with the swim pool. The lot is
unique because the original building line was 15' and is now 25'. We are asking for a 10' variance on one side and 20' on the
other. The existing tennis court is
at 15' and we would like to connect to that fence. We would add two new gates to keep it within the
specifications of the code. The
tennis court fence will also receive an updated gate.
We would like it noted, for the record, the existing pool equipment is
outside of the building lines.
explained that if they placed the fence within the building lines, there are
existing trees, shrubbery, retaining walls, etc, that would create a zigzag
effect, which would also create further issues with the fence's height
asked to be sworn in and then stated to those present that unless you go to the
back of the Farner property, you will never know the uniqueness of the lot.
He also stated that if you were to fence in the pool in any other way
than the one being proposed tonight, you will be doing this property a great
injustice. He concluded by saying
this fence is the least intrusive of anything he can imagine.
There were no
brought an issue before the Board, saying the site plan does not have a seal,
signature or recent date. The City
Attorney agreed, saying further the site plan does not clearly indicate 20',
15', or 10'. We know it is 20'
tonight but in years to come, will we know that?
The Chairperson suggested that we vote on the project's merit tonight and
the petitioner will promise that he secure a site plan showing the fence's exact
location - to scale. Everyone
agreed. It was determined the City
Clerk should have in her hands -- within three weeks of this date, a newly
signed and sealed site plan reflecting the exact location of the entire fence.
Attorney, Patrick Butler, explained to the Board Members the intent of the
zoning code and read the merits and conclusion portion contained therein.
Chairperson, Walter DeGrendele, 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.
then called for a vote for the amended application to grant the desired variance
for Mark Farner's fence with the following results: Yeas: DeGrendele,
Green, Koshak, McKinney and Rosenstrauch. There
were no nays. The Chairperson
declared the petition as being approved. The Chairperson, Walt DeGrendele advised Mr. Farner that the
variance granted by the Board is based upon the plans, which are to be submitted
to the City Clerk no later than three weeks from today, at which time they will
be part of the Application. Any
change in those plans will negate the variance that was granted at this meeting.
explained that he thought he would be able to Chair the second agenda item,
however, he and his client, Mark Farner, were supposed to appear in the Clarkson
Valley Municipal Court that evening and time was getting away.
It was 8:00. He excused himself from this next portion of the meeting as
well and he and Mr. Farner departed for Court.
Chairperson, Walter DeGrendele, then read the Notice of Public Hearing for the
third agenda item regarding Mr. Robert Dienstbach's request: To construct two
lighted pillars, one of which being a mailbox that cannot be regulated.
was first sworn in and then asked if there were any reasons why any member from
this panel should not be serving tonight, to which Mr. Dienstbach responded,
"No". Mr. Dienstbach
asked everyone to review his application. He
stated the agenda lists one item, the lighted pillars, but actually Mr.
Dienstbach would like this Board to consider everything on the application. He gave the reasoning for this request as his neighbor,
Honora Schiller. Patrick Butler
attempted to give Mr. Dienstbach legal advice, but was cut short. Mr. DeGrendele stated the members of this board are present
tonight and if they review everything on the application, each item would have
to be considered independently of each other and not as a whole.
And so it began... the electric meter box.
Mr. Dienstbach said it was placed exactly where Ameren told him it must
go. Everyone wondered how one on
this Board could vote on that. Was
this within their jurisdiction? And
so it went...
was given the opportunity to amend his application.
Instead he went on to describe the other issues mentioned on his
application. Mr. DeGrendele stated
to Mr. Dienstbach, "You stated that the city has no issues with these
objects. Why do you insist on doing
this?" Mr. Dienstbach fired
back, "Because THE CITY lives two doors down from me!"
At some point
the meeting came back to the monuments and discussion about the lack of fixtures
and no photo, picture or catalog ad. How
can the Board make a determination with such limited information?
The Board Members also said they had no idea of the dimensions of the
pillars. Mr. Rosenstrauch said to
Mr. Dienstbach, "This is the most amicable Board I've ever seen. You are hurting yourself.
Because of your presentation."
Mr. Dienstbach, hat in hand so-to-say, stated, "For two years my
neighbor down the street has called City Hall - nearly thirty times".
He named three other neighbors whom he feels have harassed him.
He said if this Board could deal with the issues mentioned on the
application, the issues would then go away.
He doesn't want to be told a year from now the basketball hoop is out of
the building lines and he'll have to go before this Board a third time. (He's
already been twice, he informed those present.)
Walter DeGrendele, then acknowledged he was going off the subject, but asked
Scott Schultz who, Walter DeGrendele said, wasn't PRESIDENT of the Trustees of
Forest Hills Club Estates (an error made by me - the City Clerk) and that he
served on the Committee of the Trustees why he and he alone signed off on
the Dienstbach plans? To which Mr.
Schultz responded that Mr. Dienstbach's request presented a quandary.
After much discussion, he said, the committee of trustees agreed they
would approve the monuments, but only if it went to the Board of Adjustments.
He then told Walter he would welcome him to review their minutes.
then said he believes this board has lost its perspective and the irony
involved... but then that perspective was lost, too.
then said, "Let's call this meeting and have you come back in a
professional manner. It almost
sounds cynical. I've never run up
against an electrical meter."
At 8:55 p.m.
the meeting was adjourned.
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