of Adjustment Hearing
Valley Board of Adjustment, pursuant to notices posted, met at City Hall in the
Fru-Con Building to consider one agenda item.
of Adjustment members present were:
Darryl Brody, Chairperson
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.
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.
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.
Attorney, Patrick Butler explained to the Board Members the intent of the zoning
code and read the merits and conclusion portion contained therein.
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)
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
The meeting was
adjourned at 8:05 p.m.
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