#q0ab20acf — Board of Adjustment

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minutes 2016-11-03 City meeting records #q0ab20acf Open original ↗

November 3, 2016 — Meeting Minutes

This document is the transcripted minutes of a City of Clayton Board of Adjustment meeting held November 3, 2016. It records a hearing on an appeal by an architect on behalf of a property owner seeking a two-foot variance from a six-foot side-yard setback to allow a 127-square-foot addition at 213 North Bemiston Avenue. The excerpts list exhibits offered into the record (ordinances, master plan, zoning application and denial, appeal, drawings, staff report), include sworn testimony from the applicant and neighbors, discussion of prior variance requests, and note that the transcript was certified by a court reporter. No board votes or final decision appear in the provided excerpts.

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Concannon & Jaeger St. Louis, Missouri (314) 421-1000

5 1 MS. SCOTT: Yes. 2 Rick Bliss? 3 MR. BLISS: Here. 4 MS. SCOTT: Mel Disney? 5 MR. DISNEY: Here. 6 MS. SCOTT: Liza Streett? 7 MS. STREETT: Here. 8 MS. SCOTT: Nicki Herrington? 9 MS. HERRINGTON: Here. 10 MS. SCOTT: Chairman Gary Soule? 11 THE CHAIRMAN: Here. 12 Let's pick up the minutes of the October 13 6, 2016 meeting, that have been distributed to all of 14 the members. First, did everybody receive their copy 15 of the minutes and have an opportunity to review these 16 minutes and does anyone have any proposed changes or 17 additions to these minutes? 18 Rick? 19 MR. BLISS: I have one. At the top of 20 page two, the first sentence there, it reads 21 "Restaurant or personal car service." I think it 22 should be personal care service. 23 MS. STREETT: You're right. 24 THE CHAIRMAN: Good catch. 25 MR. BLISS: Otherwise, I am good with Concannon & Jaeger St. Louis, Missouri (314) 421-1000

2 1 IN THE CITY OF CLAYTON 2 STATE OF MISSOURI 3

4 IN RE: The Matter of 5 BOARD OF ADJUSTMENT MEETING 6 November 3, 2016 7

8 BE IT REMEMBERED that the above-entitled 9 matter came on for a hearing at Clayton City Hall, 10 Second Floor Council Chambers, 10 North Bemiston 11 Avenue, in the City of Clayton, State of Missouri, on 12 the 3rd day of November, A.D., 2016, commencing at the 13 hour of 5:00 in the evening of that day, said hearing 14 having been called by the City of Clayton Board of 15 Adjustment, pursuant to the issuance of due notice to 16 all parties in interest, and the following is a 17 transcript of the pre-recorded record made of all 18 proceedings held during the course of that hearing. 19

Concannon & Jaeger St. Louis, Missouri (314) 421-1000

3 1 APPEARANCES: 2

3 Gary Soule - Chairman 4 Mel Disney - Member 5 Rick Bliss - Member 6 Liza Streett - Member 7 Nicki Herrington - Member 8

9 Susan Istenes - Planning Director 10 Kathy Scott - Planning Technician 11 Kenneth J. Heinz - Acting City Attorney 12

13 For the Property at 213 North Bemiston: 14 Dan Compton - General contractor with PJ Prifti 15

Concannon & Jaeger St. Louis, Missouri (314) 421-1000

Heinz - Acting City Attorney 12

13 For the Property at 213 North Bemiston: 14 Dan Compton - General contractor with PJ Prifti 15

Concannon & Jaeger St. Louis, Missouri (314) 421-1000

4 1 THE CHAIRMAN: Welcome. We are starting 2 just a few minutes late, at 5:03 p.m. This is a 3 regular meeting with the City of Clayton Board of 4 Adjustment. My name is Gary Soule and I am presiding 5 over this meeting. At this time, I would ask the other 6 board members and staff to introduce themselves. Liza? 7 MS. STREETT: Liza Street. 8 MS. HERRINGTON: Nicki Herrington. 9 MR. DISNEY: Mel Disney. 10 MR. BLISS: Rick Bliss. 11 MS. SCOTT: Kathy Scott. 12 MS. ISTENES: Susan Istenes. 13 MR. HEINZ: Ken Heinz. 14 MR. SOULE: Board members are appointed by 15 the mayor and approved by the Board of Aldermen. 16 Members serve without monetary compensation. This 17 board consists of five regular members and three 18 alternate members. 19 All members must be residents of the City 20 of Clayton and hold no other office or position within 21 city government. Four votes in favor of granting a 22 variance are required to decide in favor of the 23 applicant. This is a duly advertised meeting. These 24 proceedings are on the record. 25 Ms. Scott, would you call the roll? Concannon & Jaeger St. Louis, Missouri (314) 421-1000

BLISS: Otherwise, I am good with Concannon & Jaeger St. Louis, Missouri (314) 421-1000

6 1 everything. 2 THE CHAIRMAN: Okay. Does anyone else 3 have any suggested corrections or amendments? Then, 4 with Rick's suggested correction, is there a motion to 5 approve these minutes as amended? 6 MR. DISNEY: So moved. 7 THE CHAIRMAN: Second? 8 MS. HERRINGTON: Second. 9 THE CHAIRMAN: All in favor, indicate by 10 saying aye. 11 MR. BLISS: Aye. 12 MR. DISNEY: Aye. 13 THE CHAIRMAN: Aye. 14 MS. STREETT: Aye. 15 MS. HERRINGTON: Aye. 16 THE CHAIRMAN: Any opposed? The minutes, 17 as amended, of the Board of Adjustment meeting of 18 October 6, 2016 are approved. We have one matter on 19 our agenda this evening. 20 It's an appeal submitted by John Odom, 21 architect on behalf of Richard Hawes, owner for a two 22 foot variance from the required side yard setback of 23 six feet, to allow the construction of a one hundred 24 twenty-seven square foot addition on the southwest side 25 of the principal structure located at 213 North Concannon & Jaeger St. Louis, Missouri (314) 421-1000

We have one matter on 19 our agenda this evening. 20 It's an appeal submitted by John Odom, 21 architect on behalf of Richard Hawes, owner for a two 22 foot variance from the required side yard setback of 23 six feet, to allow the construction of a one hundred 24 twenty-seven square foot addition on the southwest side 25 of the principal structure located at 213 North Concannon & Jaeger St. Louis, Missouri (314) 421-1000

7 1 Bemiston Avenue. Is the applicant ready to proceed? 2 MR. HAWES: Yes. 3 THE CHAIRMAN: Very good. Thank you. At 4 this time, I am going to ask anyone who intends to 5 speak, to stand up and be sworn by Ms. Scott. 6 MS. SCOTT: Raise your right hands for me, 7 please. Do you swear to tell the truth, the whole 8 truth and nothing but the truth? 9 MR. HAWES: Yes. 10 MR. COMPTON: Yes. 11 THE CHAIRMAN: Thank you. 12 Mr. Heinz, does the city have any exhibits 13 it would like to offer into the record? 14 MR. HEINZ: Yes, we do. The Exhibit A is 15 a Code of Ordinances for the City of Clayton and the 16 Clayton Master Plan. Exhibit B, a Zoning Review 17 Application and denial letter from Louis Clayton, 18 Planner. Exhibit C, Appeal to the Board of Adjustment. 19 Exhibit D, drawings submitted by the applicant, 20 including a property survey site plan and elevation and 21 Exhibit E, the Staff Report. 22 THE CHAIRMAN: Very good. Thank you. 23 Let's see. On behalf of the applicant, is 24 there any objection to the city's exhibits being made 25 part of this record? Concannon & Jaeger St. Louis, Missouri (314) 421-1000

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