Board of Adjustment Hearing
October 20, 2014
The Clarkson Valley Board of Adjustment, pursuant to notices posted, met at City Hall in the Clarkson Executive Center to consider one agenda item.
Board of Adjustment Members present were:
Darryl Brody, Chairperson
Phyllis Newmark, Alternate
The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes. Board Member, Paul Mercurio and Alternate Board Members, Karen Koshak and Terry Rosenstrauch were unable to attend.
The City Attorney and Chairman explained to the petitioners they are present tonight to ask this Board to permit a variance from the Clarkson Valley Code 405.060.E.3. establishing that no building shall intrude upon the area required for front, side and rear yards by proving 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 Chairperson then asked the petitioners if they had objections to any of the Members of the Board of Adjustment, to which they responded they did not. He then asked the Board Members if they had an opportunity to view the property to which all stated they had. After the meeting was called to order and protocol established, the petitioner was sworn in. Darryl Brody read the Notice of Public Hearing for the agenda item.
1. To consider the request of:
Michael (Ryan) & Angie Peters
3 Greenbank Drive
Clarkson Valley, MO 63005
to construct steps that will require 2 retaining walls; 24 tall wall to encroach 42 beyond the 75 front building line; and 10 tall to encroach 57 beyond the front building line.
Darryl Brody reminded those present that this agenda item was before the Board previously, but was continued due to lack of information then gave the floor to Mrs. Angela Peters. She introduced herself, saying she was here on behalf of her husband who is out of town. She said they recently moved into Clarkson Valley and were unsure as to how long they will stay in the St. Louis area. She said they were unaware they were required to get a permit for a 1 2-1/2 retaining wall, as was their contractor who thought as long as it was under 4 tall, no permit was required. She apologized to the Board for beginning construction prior to approval and said she reached out to the neighbors to apologize. She explained the nature of the lot and said the hill is unusable as it is now.
The Board Members reviewed the latest survey showing the length of the retaining walls, which is: 1st wall is 2 4 tall and will be 59 long; the 2nd wall is 1 0 and will be 29 long. She said the reason for the steps is for the aspect of safety.
The Board Chairman, Darryl Brody, asked the hardship and suggested the lay of the land. She said there is a single drive opposed to a double-wide driveway, which poses a danger if one parks on the street to get up to the house.
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 reminded the Board Members of the intent of the zoning code and the merits and conclusion portion contained therein.
Mr. Brody then asked the Members for their factual determination for the variance construct steps that will require 2 retaining walls; 24 tall wall to encroach 42 beyond the 75 front building line; and 10 tall to encroach 57 beyond the front building line consistent with the plans submitted, to which: question (1) five are, (2) two will, three will not, (3) three will, two will not, (4) five will not, (5) one will, four will not, (6) five will.
The Chairperson then called for a vote of approval/disapproval to grant the desired variance to construct steps that will require 2 retaining walls; 24 tall wall to encroach 42 beyond the 75 front building line; and 10 tall to encroach 57 beyond the front building line in compliance with the code and that the bottom step be no more than 3 farther than the retaining wall or 60 from the building line with the following results: Yeas: Barry, Berkeley, Brody and Hauser. Nays: Newmark.
The Chairperson declared the Peters request for variance as having been approved. Darryl Brody then advised Mrs. Peters the variance granted by the Board is based upon what took place tonight. Any change making the variance greater than what was presented will negate the variance that was granted at this meeting. The City Attorney and Chairman called for a supplemental site plan showing the exact dimension of where the steps begin and that they are no more than 3 wide or 60 from the building line.
The meeting was adjourned at 8:00 p.m.
City of Clarkson Valley