Board of Adjustment Hearing

November 17, 2008


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

                        Stan Green

                        Jack Hauser

                        Paul Mercurio

                        Phyllis Newmark


The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  The Chairman, Darryl Brody, asked if all Board Members had a chance to view the property, to which they responded affirmatively.  Mr. Brody read the agenda item.


            After the meeting was called to order and protocol established, those members in the audience wishing to address the Commission were sworn in. 


The Chairperson asked if the petitioner had objections to any of the Members of the Board of Adjustment comprising the quorum?  To which they responded they did not. 


Mr. Jason Cleveland introduced himself and his wife, Jeanne and gave a brief explanation for his request, stating the purpose for his request of a front-facing garage was for additional storage.  He said he has a truck and a boat and the hardship is there is an extreme grade of the lot.  The existing garage is 25 x 30.  Arthur Merdinian of the Boland-Merdinian Architectural Group introduced himself and stated that if they built the garage extension to the rear and/or side, there would be 20 of grade change, which would require an extremely tall retaining wall.  Board Member Jack Hauser, who lives in Kehrs Mill Trails, stated there are 101 houses in this subdivision and only 1 has a front-facing garage.  Board Members Hauser and Newmark discussed varying ways to accomplish what they are trying to do without a front-facing garage.  They mentioned constructing a berm across the front yard. 


Board Member Mercurio mentioned bringing the addition out 8 from the back of the existing garage.  Mr. Cleveland said the new 30 x 30, 8 extension spoken about would only allow a single door.  Arthur Merdinian said they are proposing a wooden (cedar) door that matches the garage and conforms to the exterior of the house.  He asked if another type of door would make it better? 


            A call for proponents and/or opponents was made, to which there were none.  City Attorney, Patrick Butler, raised the question that four signatures were requested of the petitioner and only two were brought forth and asked why, to which Mrs. Cleveland stated that it is not going to have that big of an impact on the two properties not surveyed.


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. 


The Chairperson, Darryl Brody, asked the Members for their factual determination of the first proposal to which: question (1) three are, two are not, (2) five will, (3) three will; two will not, (4) two will; three will not, (5) two will; three will not, (6) two will; three will not.


A roll call vote was then taken to allow/not allow the proposed front-facing garage.  Yeas: Green.  Nays:  Brody, Hauser, Mercurio and Newmark.  The Chairperson declared the petition as being denied and stated the petitioner does have the right to alter the plans and come back at a later date.  The $300 fee would not be waived.


            The meeting was adjourned at 8:05 p.m.


Respectfully submitted,




                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley


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