MINUTES

Board of Adjustment Hearing

December 10, 2007 

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

                        Shirley McKinney

                        Phyllis Newmark

                        Terry Rosenstrauch 

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

            After the meeting was called to order and protocol established, those members in the audience wishing to address the Commission regarding the agenda item were sworn in.  They included Marty Carrow; his architect, Lauren Strutman; and neighbor, Mark Roberts. 

The Chairperson asked Mr. Carrow if he had objections to any of the Members of the Board of Adjustment comprising the quorum?  To which he responded he did not.  The Chairperson read the Notice of Public Hearing for the agenda item regarding Mr. and Mrs. Martin Carrow’s request (however, upon early discussion, it was learned the Agenda required to be amended and for confusion’s sake, the following is the amended version): To construct a third bay onto an existing side entry garage that will encroach approximately 8’0” upon the side yard and a retaining wall approximately 23’6” into the side yard. 

            Mr. Carrow stated he has two children.  With a two-car garage, it has become extremely difficult to house bicycles, trashcans and lawn and garden equipment.  The garage is small at 20’ x 20’.  Both he and his wife would also like to construct a laundry room.  The architect, Lauren Strutman, introduced herself.  She said the house was originally constructed in 1975.  In 1988, the City’s zoning changed from a 15’ side yard to a 25’ side yard.  The house currently extends beyond the side building line on the southeast side.  She concluded by saying they were able to find brick that matches the building and the neighbors on both sides of the Carrow’s house approved the proposal.   

A call for proponents met with a neighbor, Mark Roberts, who said he was in favor of the proposal and it would enhance both homes on either side of the Carrow’s.  Carol Stopke, who resides at 14 Hillock Lane, said she and her husband were in favor of the project as long as provisions were made to contain the additional storm water runoff that would occur because absorbent landscape and grass is being replaced with 25% to 30% more impermeable roof, guttering and driveway, further requesting that this containment be within the 9 Fairlake Lane property, so that no additional runoff gets to her property at 14 Hillock Lane.  Board Members asked several questions of Mrs. Stopke.  She explained that approximately eight houses-worth of water runoff comes to her property.  She said one would think it would go onto the golf course, but there is a berm that pushes it back to her property, backing it up.  Board Member, Terry Rosenstrauch, asked the City Attorney if the City could become involved in this matter?  Patrick Butler stated the City doesn’t have an ordinance but as a Board, you do have the purview to incorporate the means of addressing runoff when contemplating a request for a variance.  Board Member, Phyllis Newmark, asked about the planting of bamboo at the Stopke’s residence?  Mrs. Stopke said it is the type of bamboo that is clumping, and doesn’t spread by roots.  Not only will it help with water runoff, it keeps golf carts from straying onto her property.  Board Member, Stan Green, asked if there is anything being proposed to address water runoff?  Mrs. Strutman responded there is a French drain and water garden being proposed with 3” of rock and cleanouts for the downspouts.  Basically it’s a holding tank. 

The petitioner explained that he would file construction plans with the City that match what is approved tonight.  The Board concluded it would take two votes.  One is for the proposal for a garage addition.  Regarding the retaining wall, the Board is to take an advisory vote of approval/disapproval and will convene with the same five people when proper documents are submitted. 

            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) 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 to grant the desired variance for the Carrow's addition with the following results:  Yeas: Brody, Green, McKinney, Newmark, and Rosenstrauch.  There were no nays.   

The Chairperson, Darryl Brody, asked the Members for their factual determination of the second proposal for the retaining wall 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 an advisory vote of approval/disapproval to grant the desired variance for the Carrow's retaining wall pending submittal of proper documents with the following results:  Yeas: Brody, Green, McKinney, Newmark, and Rosenstrauch.  There were no nays.   

The Chairperson declared the first petition as being approved.  Darryl Brody then advised Mr. Carrow that the variance granted by the Board is based upon the Board reconvening with the same five people with appropriate plans, which are to be made part of the Application.  Any change in those plans other than discussed at this meeting will negate the variance and the advisory variance that were granted at this meeting. 

            The meeting was adjourned at 8:15 p.m.  

            Respectfully submitted, 

 

                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley

 

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