Citation in context

#q0c90da4d
minutes 2015-09-03 City meeting records #q0c90da4d Open original ↗

September 3, 2015 — Meeting Minutes

Minutes of the Clayton Board of Adjustment meeting held September 3, 2015. The excerpts record roll call and introductions, presentation of exhibits, sworn testimony and discussion of an appeal by Donna and Dave Thackrey regarding a pergola and deck at 445 Oakley Drive, neighborhood comments, and staff input on site shape and setback issues. The Board voted unanimously to approve variances: a 0.5-foot variance from an 18-foot required rear yard setback for the existing deck, a 13-foot variance from a 30-foot required rear yard setback for the proposed pergola, and a 0.5-foot variance from a 5-foot required side yard setback for the proposed pergola; the meeting adjourned at 5:30 p.m.
Cited passage

1

MINUTES BOARD OF ADJUSTMENT SEPTEMBER 3, 2015

ROLL CALL: Liza Streett

Louis Clayton, Planner Mary DeBenedetti

Ken Heinz, Acting City Attorney Mel Disney

Rick Bliss Chairman Gary Soule

The minutes of March 5, 2015 were presented for approval. Liza Streett noted that her last name was misspelled a few times. Chairman Soule noted that there are three names (witnesses) that are referenced and he believes there were only two witnesses at the meeting. Approval of the minutes was tabled.

Chairman Soule welcomed everyone to the meeting and noted that there is one matter up for consideration this evening and that there was a full complement of the Board (5 members). All Board members and city staff introduced themselves.

Appeal from Donna and Dave Thackrey, 445 Oakley Drive

Chairman Soule verified that the applicant was in attendance. Mr. Thackrey informed the members that his wife should be joining him soon.

Chairman Soule informed Mr. Thackrey that his wife can be sworn in later if she decides to speak.

Those wishing to speak were sworn in by Louis Clayton, Planner.

Chairman Soule announced that there are five members in attendance tonight.

Chairman Soule asked if the City had any exhibits to present.

Acting City Attorney Heinz presented the following exhibits:

Chairman Soule asked the applicant if he had any objections to these exhibits being made part of the record.

Mr. Thackrey replied “no”.

Mr. Thackrey replied “no”.

2

Chairman Soule announced that these exhibits would be entered into the record.

Mr. Thackrey explained that in March of this year, a building permit was issued by the City’s Building Official Steve Larson for the construction of a deck. They proceeded with deck construction and the final inspection was conducted and approved last month. He stated that during that process, he tried to get approval for the pergola, but ran into issues regarding setback. He informed the members that Mr. Larson had not required a site plan drawing for the deck and therefore, setbacks were not considered. The Building Official (Steve Askins) required a site plan for the pergola, which he subsequently got and turned in. Bart Alspaugh (new Building Official) denied the pergola because of the infringement over the setback. He noted that the pergola is no larger than the deck with the exception of 6” for decorative purposes. He stated that it is basically a wind sunscreen. He referenced the documents he submitted for this Board.

Chairman Soule asked if any Board members had any questions.

Liza Streett asked if the top of the pergola will meet with the top of the roof. She asked if it is about 8.5 – 9 feet high.

Mr. Thackrey indicated that it’s probably more like 7 feet.

Liza Streett asked if the pergola will impair the view from his neighbors’ windows.

Mr. Thackrey stated that should not be an issue and that he could get something in writing from them stating that they have no objection to this pergola.

Liza Streett asked Mr. Thackrey if he plans to grow any vines or anything like that on the pergola.

Mr. Thackrey replied “no”.

Rick Bliss referenced a retractable awning that was referenced as a possible alternative in the application.

Mr. Thackrey stated that the wood pergola would be a much more attractive feature and an awning would not offer any ventilation. He added that an awning would also need a variance.

Mel Disney asked about closing up the top.

Mr. Thackrey stated that they don’t intend to close/cover the top.

Chairman Soule asked if Mr. Thackrey had any other comments.

Mr. Thackrey replied “no”

Original document

This document is too large to preview here. Open the original ↗.