MINUTES
Board
of Adjustment Hearing
May
10, 2007
The
Clarkson Valley Board of Adjustment, pursuant to notices posted at City Hall in
the Fru-Con Building met to consider two agenda items.
Board of Adjustment members present were:
Darryl Brody, Chairperson
Walter DeGrendele
Shirley McKinney
Phyllis Newmark
Terry Rosenstrauch
The City Attorney, Mr.
Patrick Butler attended, but arrived 15 minutes late and the City Clerk, Michele
McMahon recorded the Minutes. Russ
Todd, Building Commission was present and gave testimony.
After the meeting was
called to order and protocol established, those members in the audience wishing
to address the Commission regarding both agenda items were sworn in.
They included James and Susan Campbell, Victor Vouga (architect of the
project), James Campbell III and Mary Lou Campbell; also Michael Cole, who
represented Newport Homes.
The Chairperson asked Mr.
and Mrs. Campbell if they had objections to any of the Members of the Board of
Adjustment comprising the quorum? To
which they responded they did not. The
Chairperson read the Notice of Public Hearing for the first agenda item
regarding Mr. and Mrs. Campbell's request: To construct a master suite
addition that would encroach 1'2-1/8" beyond the 25' side building line.
Mr. Campbell spoke about
his current house being beyond the building line according to the survey and
that his proposed project would encroach 1-1/2' less.
The new proposal will raise the previous garage and slide the new garage
back with less encroachment. There
were no questions.
There were no proponents
or opponents.
The request was tabled
until the City Attorney arrived.
The Chairperson then read
the Notice of Public Hearing for the second agenda item regarding Mr. Michael
Cole of Newport Home's request: To construct a new house on the property
known as 2028 Kingspointe Dr. proposed to encroach 8.76' beyond 75' side
building line and 19.98' (on west side of structure) beyond the 75' front
building line and 27' (on east side of structure) beyond the 75' front building
line.
Mr. Cole explained that
the house in the Kingspointe Subdivision he was proposing to build was on a
vacant lot where the original house completely burned.
He stated that from the very beginning of his plans, he sought to stay
close to the original houses location. He
explained the nature of the lot and its hardships, especially due to the lot
having three side yards and the tremendous downhill slope in the back yard.
He also explained that he is requesting less of a variance than the
original homebuilder. He said it
was requested by one of the neighbors not to install a circular drive for
reasons of achieving more green space, which he agreed to.
He brought up the point that he searched for a brick color that would
match the homes built twenty years ago and blend with the rest of the
neighborhood. He is also aware that
mature trees need to remain and when construction begins, he will tape those
areas off so no heavy equipment can go onto those certain areas.
Siltation control devices will also be placed in several areas so no silt
goes into the lake. He concluded by
saying he has adequate labor to keep the streets clean.
There were no proponents
or opponents.
The City Attorney, Patrick
Butler arrived and it was decided to close out the Campbell's petition first. Mr. 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) 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 Campbell's with the
following results: Yeas: Brody,
DeGrendele, McKinney, Newmark and Rosenstrauch.
There were no nays. The
Chairperson declared the petition as being approved.
The Chairperson, Darryl Brody advised the Campbell's 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 City Attorney, Patrick
Butler then explained to the Board Members that the same intent of the zoning
code and merits and conclusion portion contained therein holds true as stated to
the Campbell's.
The Chairperson, Darryl
Brody, asked the Members for their factual determination of the 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 Newport Homes with the
following results: Yeas: Brody,
DeGrendele, McKinney, Newmark and Rosenstrauch.
There were no nays. The
Chairperson declared the petition as being approved.
The Chairperson, Darryl Brody advised Mr. Cole 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