MINUTES
Board of Adjustment Hearing
April 9, 2008
The
Clarkson Valley Board of Adjustment, pursuant to notices posted, met at City
Hall in the Fru-Con Building to consider two agenda items.
Board of Adjustment members present were:
Darryl Brody, Chairperson
Jack Hauser
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 properties, 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 items were sworn
in. They included Daniel Durbin,
Patrick Jostrand and Michael Altepeter.
The
Chairperson asked Mr. Durbin and Mr. Jostrand if they had objections to any of
the Members of the Board of Adjustment comprising the quorum?
To which they responded they did not.
Darryl Brody read the Notice of Public Hearing for the first agenda item
regarding Mr. Daniel and Mrs. Shelly Durbin’s request to construct a front
porch addition that encroaches 5.23‘ beyond the front building line.
Mr.
Durbin gave a very brief explanation to the Board stating first, his house faces
north. He said most houses on his
street have circular drives, but his does not.
He also stated his house doesn’t have a porch.
He said that several times a year they are met with unsafe conditions
because the ice at the stoop does not melt.
While he and his wife were having plans drawn for a front porch, his
wife’s plans became more elaborate and more expensive and they ended up with
this proposal.
A
call for proponents and opponents was made, to which there were none.
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) four are, one are not
(2) three will not, two will (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 with the following results: Yeas:
Brody, Hauser, McKinney, Newmark, and Rosenstrauch.
There were no nays.
The
Chairperson declared Mr. Durbin’s petition as being approved.
Darryl Brody then advised Mr. Durbin that the variance granted by the
Board is based upon the plans submitted, which are to be made part of the
Application. Any change in those
plans will negate the variance that was granted at this meeting.
The
Chairperson then read the second agenda item for a request from Mr. Patrick and
Mrs. Julie Jostrand to construct a front porch that will encroach
approximately 7’ and a garage addition that will encroach approximately 4’
into the required 75’ front yard setback.
Mr. Jostrand introduced himself and stated his request.
His house also faces north and in addition to having ice that is slow to
melt, he has a washout problem under the stoop.
It was actually at the termite company’s suggestion that he have the
entire front porch redone in order for Orkin to treat the foundation.
He further explained Orkin has been out three times for this problem at
the front door area. When
contracting with the architect, it was suggested that it would be more pleasing
to the eye to have the front porch bumped out, which then places it in front of
the setback. He then spoke of the
difficulties of placing the garage addition to the rear of the house due to a
mature tree and that construction would block a swale creating water and
siltation problems for those living below his grade.
The addition to the front was deemed the most suitable way to mitigate
those issues.
After
discussion, it was determined the application should be amended to read, not
to exceed (with emphasis) 7’ for the front porch and not to exceed
(with emphasis) 4’ for the garage addition.
And when the vote was taken, it would be with the understanding that a
new site plan be delivered to City Hall showing exact dimensions of the
encroachment for both projects -- before construction begins.
The Board Members all agreed and Mr. Jostrand stated his agreement.
The
Board Chairman asked Mr. Jostrand if he had a preference for Board Members to
vote on the project as one issue or two? Mr.
Jostrand deferred to Darryl Brody’s choice, whereupon it was decided if the
total project failed, it could be re-voted as two projects. All
Board Members all agreed and Mr. Jostrand stated his agreement.
A
call for proponents was made. Mr.
Mike Altepeter spoke, saying he would like to see a favorable response to this
request on the point this project would enhance values.
He asked the Members of the Board of Adjustment to vote “yes”.
A
call for opponents was made, to which there were none.
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 second agenda item to construct a front porch not to exceed 7’ from the
front building line and not to exceed 4’ beyond the front building line for
the garage addition: question (1) four are, one are not (2) three will
not, two will (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
variances with the understanding that before any construction takes place, a
site plan showing exact dimensions of encroachments for both projects will be
submitted to City Hall, with the following results:
Yeas: Brody, Hauser, McKinney, Newmark, and Rosenstrauch. There were no nays.
The
Chairperson declared the petition as being approved.
Darryl Brody then advised Mr. Jostrand that the variance granted by the
Board is based upon the Board receiving a new site plan, which will then be made
part of the Application. Any change
in those plans other than discussed at this meeting will negate the variance
that was granted at this meeting.
The
meeting was adjourned at 8:30 p.m.
Michele McMahon
City Clerk
City of Clarkson Valley