MINUTES
Board
of Adjustment Hearing
September
20, 2007
The Clarkson
Valley Board of Adjustment, pursuant to notices posted, me at City Hall in the
Fru-Con Building to consider one agenda item.
Board
of Adjustment members present were:
Darryl Brody, Chairperson
Walter DeGrendele
Stan Green
Shirley McKinney
Phyllis Newmark
Terry Rosenstrauch
The City
Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon
recorded the Minutes. It was
determined that only five Members of the Board constitute a quorum.
The Chairman graciously withdrew from voting. The Chairman then asked if all Board Members had a chance to
view the property, to which they all 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 Jay Setnicka and
his contractor, Chris Mazurak.
The Chairperson
asked Mr. Setnicka 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. Jay Setnicka's request: To construct a front porch 7' beyond the
front building line.
Mr. Setnicka
introduced himself and his contractor. He
said that because of a growing family, he wanted to remodel his house by adding
a few additions. One of which is
the front porch that requires a variance. He
showed those present a before-construction picture and then a front elevation of
the house with the new porch. He
said his current front porch extends beyond the building line and contains more
square footage beyond the setbacks than the porch being proposed tonight.
He concluded by saying the new porch will not necessitate removal of any
trees, etc.
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) 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 Setnicka's with the
following results: Yeas:
DeGrendele, Green, McKinney, Newmark, and Rosenstrauch.
There were no nays. The
Chairperson declared the petition as being approved. The Chairperson, Darryl Brody, advised Mr. Setnicka 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 8:00 p.m.
Respectfully
submitted,
Michele McMahon