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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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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

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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

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

1 1

2 COVER SHEET INFORMATION 3

4 Date of Job: November 3, 2016 5 IN RE: The Matter of 6 BOARD OF ADJUSTMENT HEARING 7 CITY OF CLAYTON, MISSOURI 8

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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

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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

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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

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

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