MINUTES
Board
of Adjustment Hearing
December
10, 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
Stan
Green
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 property, 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 item were sworn in.
They included Marty Carrow; his architect, Lauren Strutman; and neighbor,
Mark Roberts.
The
Chairperson asked Mr. Carrow 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. Martin Carrow’s request (however, upon early discussion, it was
learned the Agenda required to be amended and for confusion’s sake, the
following is the amended version): To construct a third bay onto an existing
side entry garage that will encroach approximately 8’0” upon the side yard
and a retaining wall approximately 23’6” into the side yard.
Mr. Carrow stated he has two
children. With a two-car garage, it
has become extremely difficult to house bicycles, trashcans and lawn and garden
equipment. The garage is small at
20’ x 20’. Both he and his wife
would also like to construct a laundry room.
The architect, Lauren Strutman, introduced herself.
She said the house was originally constructed in 1975.
In 1988, the City’s zoning changed from a 15’ side yard to a 25’
side yard. The house currently
extends beyond the side building line on the southeast side.
She concluded by saying they were able to find brick that matches the
building and the neighbors on both sides of the Carrow’s house approved the
proposal.
A
call for proponents met with a neighbor, Mark Roberts, who said he was in favor
of the proposal and it would enhance both homes on either side of the
Carrow’s. Carol Stopke, who
resides at 14 Hillock Lane, said she and her husband were in favor of the
project as long as provisions were made to contain the additional storm water
runoff that would occur because absorbent landscape and grass is being replaced
with 25% to 30% more impermeable roof, guttering and driveway, further
requesting that this containment be within the 9 Fairlake Lane property, so that
no additional runoff gets to her property at 14 Hillock Lane. Board Members asked several questions of Mrs. Stopke.
She explained that approximately eight houses-worth of water runoff comes
to her property. She said one would think it would go onto the golf course,
but there is a berm that pushes it back to her property, backing it up.
Board Member, Terry Rosenstrauch, asked the City Attorney if the City
could become involved in this matter? Patrick
Butler stated the City doesn’t have an ordinance but as a Board, you do have
the purview to incorporate the means of addressing runoff when contemplating a
request for a variance. Board
Member, Phyllis Newmark, asked about the planting of bamboo at the Stopke’s
residence? Mrs. Stopke said it is the type of bamboo that is clumping,
and doesn’t spread by roots. Not
only will it help with water runoff, it keeps golf carts from straying onto her
property. Board Member, Stan Green,
asked if there is anything being proposed to address water runoff?
Mrs. Strutman responded there is a French drain and water garden being
proposed with 3” of rock and cleanouts for the downspouts.
Basically it’s a holding tank.
The
petitioner explained that he would file construction plans with the City that
match what is approved tonight. The
Board concluded it would take two votes. One
is for the proposal for a garage addition.
Regarding the retaining wall, the Board is to take an advisory vote of
approval/disapproval and will convene with the same five people when proper
documents are submitted.
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) 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
Carrow's addition with the following results:
Yeas: Brody, Green, McKinney, Newmark, and Rosenstrauch.
There were no nays.
The
Chairperson, Darryl Brody, asked the Members for their factual determination of
the second proposal for the retaining wall 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 an advisory vote of approval/disapproval to grant
the desired variance for the Carrow's retaining wall pending submittal of proper
documents with the following results: Yeas:
Brody, Green, McKinney, Newmark, and Rosenstrauch.
There were no nays.
The
Chairperson declared the first petition as being approved.
Darryl Brody then advised Mr. Carrow that the variance granted by the
Board is based upon the Board reconvening with the same five people with
appropriate plans, which are to be made part of the Application.
Any change in those plans other than discussed at this meeting will
negate the variance and the advisory variance that were granted at this meeting.
The meeting was adjourned at
8:15 p.m.
Respectfully submitted,
Michele McMahon
City
Clerk
City
of Clarkson Valley