Louis Clayton replied “yes”. Chairman Soule asked if in staff’s opinion, the size and location of the addition would have a detrimental impact.

4

Louis Clayton indicated that in staff’s opinion, no.

Chairman Soule asked if the structure may have a detrimental impact on public safety.

Louis Clayton replied “no”.

Chairman Soule asked if the structure would impede light or air to adjacent properties.

Louis Clayton replied “no”.

Chairman Soule asked staff to discuss the one alternative referred to in the application.

Louis Clayton indicated that he concurs with the applicant’s assessment that accessing a garage that was located within the setbacks would create a difficult parking situation for the owners.

Being no further questions or comments, Rick Bliss made a motion to approve the variances as requested (a .5 foot variance from the required 5 foot rear setback and a 1.75 foot variance from the required 5 foot side yard setback). The motion was seconded by Mary DeBenedetti and unanimously approved by the members.

Motion carries. Variances are granted.

AN APPEAL FROM DAVID ROBBINS FOR THE PROPERTY AT 8322 KINGSBURY BOULEVARD

Everyone wishing to speak was sworn in by the recording secretary.

Mr. Robbins introduced himself, stating that he formed this company and has been a land surveyor since 1987. He apologized to the members for taking up their time as this was his mistake. He indicated that when the subject property was staked, the front building line was staked too far forward. He asked the members to refer to the first sheet (of their submittal/plan set) which shows the house under construction. He stated that the front building line is 31-feet, but it was staked at 29.51-feet; about one and a half feet over the true front line.

Chairman Soule asked that the pictures be marked as Exhibit 1.

Mr. Robbins presented photos of this house and others in the neighborhood, noting that house marked No. 8 sticks out a little bit further, but not much. He stated that they are seeking a front yard variance for this house.

Mel Disney noted the portion of the front of the home on either side of the front porch that protrudes out towards the front; referring to elevation sheet A6. He asked if that’s the only portion that is over the setback line.

Mel Disney noted the portion of the front of the home on either side of the front porch that protrudes out towards the front; referring to elevation sheet A6. He asked if that’s the only portion that is over the setback line.

5 Mr. Robbins replied “yes”.

Chairman Soule asked if the City had any exhibits that they would like to be entered into the record.

Ken Heinz asked that the following City exhibits be received:

A) Code of Ordinances of the City of Clayton and the City’s Master Plan; and B) Zoning Review Application and Denial Letter; and C) Appeal; and D) Drawings submitted by Applicant; and E) Staff Report.

Chairman Soule asked the applicant if he had any objections to these exhibits.

Mr. Robbins replied “no”.

Chairman Soule indicated that the exhibits will be accepted and made part of the record.

Rick Bliss asked who the owner of the property is.

Mr. Robbins replied “Yoon”.

Rick Bliss asked who “Telluride” is.

Mr. Robbins indicated that is the former property owner.

Carl Lang, owner/resident of 8400 University and owner of the home now being constructed at 8330 Kingsbury Boulevard, stated that he attended this evening to see if there was any type of side encroachment being requested. He stated that he has no objection to the request being made this evening for a front yard setback variance. He stated he knows they can’t pick up the house and move it back.

Rick Bliss asked Mr. Lang if they have any intention of moving their new house forward.

Mr. Lang replied “no”, adding that his lot is a corner lot. He stated that he had not even thought about moving his house forward.

Rick Bliss questioned if this may set a precedent and make Mr. Lang want to move his house closer to the street as well.

Mr. Lang replied “no”.

Mel Disney asked about alternatives.