MINUTES

Board of Adjustment Hearing

October 11, 2012

 

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

 

            Board of Adjustment Members present were:

                        Darryl Brody, Chairperson

                        Tom Berkeley

                        Jack Hauser

                        Phyllis Newmark

 

The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  Board Member, Walter DeGrendele, did not attend.  Board Members Karen Koshak, Paul Mercurio and Terry Rosenstrauch were unable to attend. 

 

The City Attorney and Chairman explained to the two petitioners that they are present tonight to ask this Board to permit a variation in the yard and/or building line requirements where there are practical difficulties or unnecessary hardships in the carrying out of the provisions of the code, due to topographic or other conditions.  A Board for these adjustment requests consists of five members and a concurring vote of four (4) members of the Board shall be necessary to effect a variation in the Zoning Ordinance.  The Chairman stated that only four (4) members are present at this hearing.  He asked both petitioners separately if they wanted to pursue the request knowing that four (4) affirmative responses are necessary in order to achieve the variance they are requesting, to which both responded they were.

 

The Chairman asked the Board if they had an opportunity to view the properties to which all stated they did.  After the meeting was called to order and protocol established, the two petitioners and their contractors were sworn in.

 

The Chairperson asked the petitioners if they had objections to any of the Members of the Board of Adjustment, to which they responded they did not.  Darryl Brody read the Notice of Public Hearing for the first agenda item to construct a deck to extend approximately 29' beyond the 50' rear yard setback and to construct bench walls with stone caps on columns and a fire pit beyond the 50' rear building lines by a distance varying from 20' to 30'.

 

            Mrs. Cordova introduced herself and thanked everyone for taking time out of the day to attend this evening's meeting.  She said her husband was out of town and unable to attend.  She introduced her two contractors, Dan McGinnis with Aesthetic Design and Build and Scott Gamblin of Baxter Gardens.  Mr. McGinnis is constructing one deck for the Cordova's located within the building lines and is proposing to build the non-conforming deck with the Board's permission and Mr. Gamblin is proposing to construct the fire pit and landscaping.  She said the constraints she and her husband were having with their property is the rear building line comes right to the back door.  The remainder of the western-most portion of the back of the house rests on the property line.  She described the existing deck which is made of cedar that has deteriorated over the years and stated the proposed deck will extend approximately five (5) feet beyond and will be made of maintenance-free material. 

 

The City Clerk explained to the Board Members the Cordova's moved into the house at 16825 Kehrsbrooke Ct. in 2003.  The deck within the building lines (behind the garage on the eastern-portion of the rear property) was approved and finalized by the City in 2002 but it appears the second deck that encroaches the rear building line by approximately five (5) feet, was built without a permit by the same builder using identical material and style.

 

Mrs. Cordova said the existing, non-conforming deck does not have stairs which is a hazard for her family.  The landscape architect presented the Board Members with a larger drawing showing the building lines with proposed flatwork and structures.  He concluded by stating the neighbors approved of the project and everyone concerned would be buffered from the project by woods.  Mrs. Cordova stated the Neighborhood Board of Trustees also approved of the plans and she asked the Board to please consider approving the variance request.

 

A call for proponents and opponents was made, to which there were none.  There were no further questions.  There was no one from the City to speak on the proposal.

 

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. 

 

Darryl Brody asked the Members for their factual determination of the proposal for the addition, to which: question (1) four are, (2) one will, three will not, (3) four will, (4) four will not, (5) four will not, (6) four will. 

 

The Chairperson then called for a vote of approval/disapproval to grant the desired variance for the deck and stairs to extend approximately 29' beyond the 50' rear building line and to construct bench walls with stone caps on columns and a fire pit beyond the 50' rear building lines by a distance varying from 20' to 30' with the following results:  Yeas: Berkeley, Brody, Hauser and Newmark.  There were no nays. 

 

The Chairperson declared the Cordova’s petition as being approved.  Darryl Brody then advised Mrs. Cordova and her two contractors 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. 

 

Darryl Brody read the Notice of Public Hearing for the second agenda item to construct a master bath addition to extend 7.3' beyond the 75' front yard setback and to establish the front of the house sits beyond the west 25' side yard setback by approximately 3'.

 

            Mrs. Lee introduced herself saying Mr. Lee was also out of town and unable to attend in person and she, too, thanks the Board for giving up their night.  She introduced her contractor, Mark Downey who described the nature of the project.  He stated the house was actually built three (3) feet beyond the 25' side yard building line and rests right on the 75' front building line.  He is proposing to bump out an eighteen (18) feet-long section that will encroach 7.3' on the south end and 6.6' on the north end of the addition.  He stated the Lee's live on a cul-de-sac and all the houses within the cul-de-sac are angled in a circular pattern, concluding the proposed bump out would not be noticed. 

 

A call for proponents and opponents was made, to which there were none. There was no one from the City to speak on behalf of the proposal.  There were no further questions. 

 

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. 

 

Darryl Brody asked the Members for their factual determination of the proposal for the addition, to which: question (1) two are, two are not, (2) two will, two will not, (3) four will, (4) four will not, (5) four will not, (6) four will. 

 

The Chairperson then called for a vote of approval/disapproval to grant the desired variance for the master bath addition to extend 7.3' beyond the 75' front building line with the following results:  Yeas: Berkeley, Brody, Hauser and Newmark.  There were no nays. 

 

The Chairperson declared the Lee’s petition as being approved.  Darryl Brody then advised Mrs. Lee and her contractor 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 City Clerk explained the third petitioner, Mr. Brendan Galligan who was petitioning to build a retaining wall approximately 10' beyond the 25' side yard building line, contracted for a survey and found his property extended approximately 10' farther from the east building line than was originally thought.  The Building Commissioner asked to have his request removed him from the Agenda as the project conforms to the City's Zoning Ordinances.

 

            The meeting was adjourned at 8:15 p.m.

 

 

 

                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley