Board of Adjustment Hearing
October 28, 2015
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
Terry Rosenstrauch, Alternate
The City Attorney, Mr. Patrick Butler attended along with Alderperson Amy Setnicka, Ward 2, Michele McMahon, City Clerk who took Minutes and the City Building Commissioner, Jack Schenck. Board Members Paul Mercurio and Tom Berkeley were unable to attend. Alternate Member, Karen Koshak was also unable to attend.
The City Attorney and Chairman explained to the respondent for the petitioner, he was present tonight to ask this Board to permit a variance from the Clarkson Valley Code 405.060.E.3. establishing that no building (or structure) shall intrude upon the area required for front, side and rear yards by proving practical difficulties or unnecessary hardships in 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 respondent for the petitioner if he had objections to any of the Members of the Board of Adjustment, to which he responded he 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's contractor was sworn in. Darryl Brody read the Notice of Public Hearing for the agenda item.
1. To consider the request of:
Mark and Marla Maloney
129 Chippenham Lane
for new construction that would extend approximately two (2) feet beyond the front building line for a covered front porch; a bay window in the hearth room with would cantilever approximately three (3) feet beyond the rear building line; and a deck to extend two (2) feet beyond the rear building line.
Mr. Brody asked the contractor for clarification regarding the three encroachments being discussed. The contractor, Jim Zickrick, stated his name for the Court Reporter. Through discussion with the Building Commissioner, Jack Schenck, Jim Zickrick and Darryl Brody, it was determined the Agenda would be amended to eliminate the words "approximately" and instead state "not to exceed".
Jim Zickrick was then sworn in and he was granted 20 minutes. He stated he was with Landmark Contracting and the homeowners contracted with him to construct a new residence. The homeowners sent apologies they were unable to attend this meeting tonight.
Mr. Zickrick gave a brief history of the land that was purchased by the golf course and how the building lines were reset. He said when first discussing the plans, the homeowners wanted a front porch you could see from the driveway when visitors came to the house for the first time, so they were requesting to pull out the front porch to make it more visible.
The bay window to the hearth room will cantilever beyond the rear building line. The reason they added the bay window was to give more width to the hearth room. It backs up to the golf course as does the deck, with just one side is encroaching under 2'. There were no questions.
The Chairman called for proponents or opponents, to which there were none. The Building Commissioner was present but no questions were asked of him.
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 read the amended Agenda item and then asked the Members for their factual determination of the proposal for new construction that would not exceed two (2) feet beyond the front building line for a covered front porch; a bay window in the hearth room that would cantilever not to exceed three (3) feet beyond the rear building line; and a deck not to exceed three (3) feet beyond the rear building line to which: question (1) four are, one are not, (2) five will, (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 for new construction that would not exceed two (2) feet beyond the front building line for a covered front porch; a bay window in the hearth room that would cantilever not to exceed three (3) feet beyond the rear building line; and a deck not to exceed three (3) feet beyond the rear building line with the following results: Yeas: Brody, Hauser, Newmark and Rosenstrauch. Nays: Barry.
The Chairperson declared the Maloney’s request for variance as having been approved. Darryl Brody then advised Jim Zickrick 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 meeting adjourned at 7:41 p.m.
City of Clarkson Valley