Board of Adjustment Hearing

October 27, 2011


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


            Board of Adjustment members present were:

                        Darryl Brody, Chairperson

                        Tom Berkeley

                        Jack Hauser

                        Karen Koshak

                        Phyllis Newmark


The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  Board Members Walter DeGrendele, Paul Mercurio and Terry Rosenstrauch were unable to attend.  The Chairman asked if everyone had an opportunity to view the property to which all stated they did.  The Chairperson then asked the petitioner if they had objections to any of the Members of the Board of Adjustment present, to which they responded they did not.  After the meeting was called to order and protocol established, Mr. and Mrs. Lears and Eric Curdt with Custom Renovations were sworn in.


Darryl Brody read the Notice of Public Hearing for the agenda item to construct a multi-level deck that will encroach into the fifty (50) feet rear yard setback by 13' and explained the process of this evening's hearing.


            Eric Curdt introduced himself and stated the petitioner's request.  He said they reviewed the location of the original deck and learned the deck encroached six (6) feet into the rear yard.  Mr. Lears stated they were not the original owner and the deck was already built when they moved in twenty (20) years ago.  Both the contractor and Mr. Lears spoke of the flow of the design and their attempt to build the decks as aesthetically pleasing as possible.  Discussion then switched to the neighbors' approval and what they would and would not be able to see.  The lot belonging to the Lears is 3.5 acres. 


Commission Members had a few questions for Mr. and Mrs. Lears and a comment regarding the memo indicating the encroachment was to the side yard when it was, in fact, to the rear. 


A call for proponents and opponents was made and there were none.


Mr. 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 multi-level deck to which: question (1) five are, (2) three will, two will not, (3) four will, one will not, (4) five will not, (5) five will not, (6) five will. 


The Chairperson then called for a vote of approval/disapproval to grant the desired variance item to construct a multi-level deck that will encroach into the rear yard by 13' with the following results:  Yeas: Brody, Berkeley, Hauser, Koshak and Newmark.  There were no nays. 


Both the City Attorney and Chairman, Darryl Brody reiterated  that the project cannot exceed 13' beyond the setback and any variation from the plans submitted would require another hearing before the Board of Adjustment.


            The meeting was adjourned at 8:00 p.m.



                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley