Board of Adjustment Hearing

September 20, 2007 

The Clarkson Valley Board of Adjustment, pursuant to notices posted, me at City Hall in the Fru-Con Building to consider one agenda item.   

            Board of Adjustment members present were:

                        Darryl Brody, Chairperson

                        Walter DeGrendele

                        Stan Green

                        Shirley McKinney

                        Phyllis Newmark

                        Terry Rosenstrauch 

The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  It was determined that only five Members of the Board constitute a quorum.  The Chairman graciously withdrew from voting.  The Chairman then asked if all Board Members had a chance to view the property, to which they all responded affirmatively. 

After the meeting was called to order and protocol established, those members in the audience wishing to address the Commission regarding the agenda item were sworn in.  They included Jay Setnicka and his contractor, Chris Mazurak. 

The Chairperson asked Mr. Setnicka 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 agenda item regarding Mr. and Mrs. Jay Setnicka's request: To construct a front porch 7' beyond the front building line. 

Mr. Setnicka introduced himself and his contractor.  He said that because of a growing family, he wanted to remodel his house by adding a few additions.  One of which is the front porch that requires a variance.  He showed those present a before-construction picture and then a front elevation of the house with the new porch.  He said his current front porch extends beyond the building line and contains more square footage beyond the setbacks than the porch being proposed tonight.  He concluded by saying the new porch will not necessitate removal of any trees, etc.   

There were no proponents or opponents.   

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 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 to grant the desired variance for the Setnicka's with the following results:  Yeas: DeGrendele, Green, McKinney, Newmark, and Rosenstrauch.  There were no nays.  The Chairperson declared the petition as being approved.  The Chairperson, Darryl Brody, advised Mr. Setnicka that the variance granted by the Board is based upon the plans, which are 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.  

Respectfully submitted,


Michele McMahon

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