MINUTES

Board of Adjustment Hearing

October 5, 2015

 

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

 

            Board of Adjustment Members present were:

                        Darryl Brody, Chairperson

                        Tom Berkeley

                        Jack Hauser

                        Phyllis Newmark, Alternate

                        Terry Rosenstrauch, Alternate

 

The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  Board Members Jim Barry and Paul Mercurio, and Alternate Member, Karen Koshak, 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 (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 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 properties to which all stated they had.  After the meeting was called to order and protocol established, the petitioners and/or their contractors were sworn in.  Darryl Brody read the Notice of Public Hearing for all three agenda items. 

 

1.  To consider the request of:

Katherine Shiue and John Parks

115 Highgrove Lane

      to construct a sun room addition that encroaches 11.39' into the rear yard.

 

2.  To consider the request of:

            Scott and Elizabeth Lindner

            1606 Broken Reins Ct.

to replace an existing, deteriorated tie wall with a reinforced block wall to encroach 8' into the front yard setback.

 

3.  To consider the request of:

            Yejing Shan

            2266 Ridgley Woods Dr.

to replace an existing, deteriorated tie wall at base of boulder wall with a 3' tall Versa-Lok block wall to encroach 6' into the side yard setback.

 

The contractor representing the Shiue/Parks household was granted the floor.  Rick and Michelle Vitale mentioned the lot is less than an acre and the back of the house rests on the rear building line as being their hardship.  A previous homeowner constructed the deck that encroached into the rear yard and they are here tonight requesting this sunroom addition be allowed to extend that same amount.  They mentioned a small retaining wall that also encroaches which was constructed by a previous owner. 

 

The Chairman called for proponents or opponents, to which there were none.  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. 

 

Chairman Darryl Brody read the Agenda item again and then asked the Members for their factual determination of the proposal to construct a sun room addition that encroaches 11.39' into the rear yard to which: question (1) five are, (2) three will ,two will not, (3) five will, (4) five will not, (5) five will not, (6) five will.

 

The Chairman then called for a vote of approval/disapproval to grant the desired variance to construct a sun room addition that encroaches 11.39' into the rear yard with the following results:  Yeas:  Berkeley, Brody, Hauser, Newmark and Rosenstrauch.  There were no nays.

 

The Chairman declared the Shiue/Parkís request for variance as having been approved.  Darryl Brody then advised the Shiue/Parks contractor 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. 

 

Darryl Brody read the second agenda item to replace an existing, deteriorated tie wall with a reinforced block wall to encroach 8' into the front yard setback and gave the floor to the petitioner, Scott and Elizabeth Lindner who also introduced his contractor, Mike Yount with Retaining Wall Solutions.  Mr. Linder said the house, built 37 years ago, was constructed on the 50' front building line instead of the 75'.  He is replacing an existing tie wall that is holding dirt back from the front of his house.  The only question came from chairperson Brody who asked if the wall is going to be constructed exactly the same height and length as the existing wall, to which Mr. Lindner said yes.

 

The Chairman called for proponents or opponents, to which there were none.  There was no one from the City to speak on the proposal.

 

Mr. Brody asked the Board Members, since they heard earlier from the City Attorney with regard to their duties under the law, would they care for him to restate those or are they familiar enough with them to move on to the factual determination to which they responded they are ready.

 

Darryl Brody read the Agenda item again and then asked the Members for their factual determination of the proposal to replace an existing, deteriorated tie wall with a reinforced block wall to encroach 8' into the front yard setback to which: question (1) five are, (2) one will, four will not, (3) five will, (4) five will not, (5) five will not, (6) six will.

 

The Chairperson then called for a vote of approval/disapproval to grant the desired variance to replace an existing, deteriorated tie wall with a reinforced block wall to encroach 8' into the front yard setback with the following results:  Yeas:  Brody, Hauser, Newmark and Rosenstrauch.  There were no nays. 

 

The Chairperson declared the Lindnerís request for variance as having been approved.  Darryl Brody then advised the Lindner's 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. 

 

Chairman Brody read the last agenda item to replace an existing, deteriorated tie wall at base of boulder wall with a 3' tall Versa-Lok block wall to encroach 6' into the side yard setback.  He then gave the floor to the contractor for Mr. Shan, Alex Krieger.  Mr. Krieger explained the tie wall is currently located beneath the boulders that have been sitting atop for decades.  The tie wall has deteriorated so much and what he is proposing to do is construct a retaining wall in front of the wall to bolster it.  Some of the Board Members were surprised to hear that it was the wooden pallets propped up against the hill that were currently holding up the hill and the boulders.  The contractor proposed building this 3' tall wall, 3' from the stairs; backfilling with dirt and was going to put a drain in it.  He said the geo-grid would be the anchor and there would be 1" of clean rock over that.  He concluded by saying the boulders would not move but the dirt underneath would.  That is why he is proposing to prop it. 

 

The Chairman called for proponents or opponents, to which there were none.  There was no one from the City to speak on the proposal.

 

Darryl Brody read the Agenda item again and then asked the Members for their factual determination of the to replace an existing, deteriorated tie wall at base of boulder wall with a 3' tall Versa-Lok block wall to encroach 6' into the side yard setback 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 of approval/disapproval to grant the desired variance to replace an existing, deteriorated tie wall at base of boulder wall with a 3' tall Versa-Lok block wall to encroach 6' into the side yard setback with the following results:  Yeas:  Brody, Berkeley, Hauser, Newmark and Rosenstrauch.  There were no nays.

 

The Chairperson declared Mr. Shanís request for variance as having been approved.  Darry Brody then advised Alex Krieger 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 8:00 p.m.

 

           

 

                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley