Board of Adjustment Hearing

March 28, 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

                        Walter DeGrendele

            Phyllis Newmark

                        Terry Rosenstrauch

                        Paul Young 

The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  Russ Todd, Building Commission was present to give testimony if necessary.  The City Attorney said that because Paul Young now serves on the Board of Aldermen, he could not serve on this Board.  It was determined Mr. Young would abstain from voting and a call to Mayor Douglass to find a replacement would be made. 

After the meeting was called to order and protocol established, those members in the audience wishing to address the Commission regarding Mr. Steven Such's project were sworn in.  The Chairperson asked Mr. Such if he had an objection 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. Steven Such's request to: To approve the retaining wall constructed on Lot 4 that encroaches 51'+/-" beyond the front building line and 8'+/-" beyond the side building line.   

Mr. Such introduced himself and said the original development plan for Kehrs Mill Glen Subdivision showed plans for a retaining wall, which was ultimately built.  Mr. Such explained, however, that because of its height, which is 18', it actually gave the project less buildable space for the houses footprint.  Mr. Such tore back the wall and would like to extend it in a different direction, wrapping it.   

There were no proponents or opponents.  

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 proposal to which: question (1) four are, (2) four will not, (3) four will, (4) four will not, (5) four will not,  (6) four will. 

The Chairperson then called for a vote to grant the desired variance with the following results:  Yeas: Brody, Newmark, McKinney and Rosenstrauch.  Young abstained.  There were no nays.  The Chairperson declared the petition as being approved.  The Chairperson, Darryl Brody advised Mr. Such that the variance granted by the Board is based upon the plans, which are part of the Application.  Any change in those plans will negate the variance that was granted at this meeting. 

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

Respectfully submitted,

Michele McMahon

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