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minutes 2016-11-03 City meeting records #q82d0c30a 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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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

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

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

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

8 1 MR. HAWES: No. 2 THE CHAIRMAN: Okay. Very good. The 3 city's exhibits will be received. 4 Let's see. I'm looking for something. 5 Susan, this would probably be for you. 6 Just so that the record is correct. Did, in fact, 7 Louis issue this letter of denial or was he already 8 gone? 9 MS. ISTENES: I need to see the copy, to 10 make sure. 11 THE CHAIRMAN: I was looking for it and I 12 don't see it. 13 MS. ISTENES: He did. I think he signed 14 it. It was one of those timing things, where he did 15 the letter and then left and I did the report. 16 THE CHAIRMAN: I just want to make sure 17 that the record is correct. 18 MS. ISTENES: I can look at the file too. 19 MS. SCOTT: You know what? It's from me. 20 Sorry. I didn't change the staff report. It should 21 have said Kathy Scott. I am the one that sent the 22 review. 23 THE CHAIRMAN: Okay. So we will have the 24 record reflect that that was -- the denial letter was 25 from Kathy. Okay. Let's see. Concannon & Jaeger St. Louis, Missouri (314) 421-1000

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

9 1 Gentlemen, who is going to speak first, on 2 behalf of the applicant? 3 MR. HAWES: Only myself. 4 THE CHAIRMAN: Okay. Sir, if you would 5 step up to the podium, please and give us your name and 6 your address. 7 MR. HAWES: Richard Hawes, 213 North 8 Bemiston. 9 THE CHAIRMAN: Very good, Mr. Hawes. 10 Let's see. Please begin. 11 MR. HAWES: Yes. What I am requesting is 12 a variance. Upon looking at this space and living in 13 it a little bit, we have noticed -- we are trying to 14 put a little keeping room there, someplace that we can 15 sit in the evening and take a meal and pass the 16 afternoon, a little bit. 17 Looking at that space, it is only seven 18 foot wide now. What I am hoping to do is to have a 19 property that I can -- you know, it is my final 20 property, so I would like to be able to grow old at 21 this property. 22 I would like to be able to -- I have 23 handicapped everything. I have got elevators coming 24 in. Everything is -- all of the living is one floor. 25 We are trying to get flat everywhere and I would like Concannon & Jaeger St. Louis, Missouri (314) 421-1000

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