Citation in context
December 1, 2016 — Meeting Minutes
Cited passage
Chairman Soule agreed that this structure would provide some measure of privacy from the property to the north. Director Istenes agreed.
3
Chairman Soule asked if staff believes that granting this variance would negatively impact light or air to adjacent properties.
Director Istenes indicated that it would not interfere with light or air, adding that the structure is “open” but still is subject to the same setbacks as the principal structure.
Chairman Soule asked if staff believes that granting this variance would be a detriment to safety.
Director Istenes replied “no, she did not believe so”.
Chairman Soule asked about alternatives.
Mr. Duncan indicated that they would likely have to rebuild everything.
Nicki Herrington asked if the pergola/trellis will encroach any further into the setback than the deck currently encroaches.
Mr. Duncan replied “no”.
Director Istenes informed the members that the City has no record of a variance being granted for the deck; however, by adding a roof (covering) it must now conform to the principal setbacks.
Mr. Duncan stated that the roof will not keep out weather but will offer some shade.
Nicki Herrington referenced the nice support letter written by the neighbor (Rick and Mary Corcoran-141 Linden).
Chairman Soule stated that the letter will be marked as Applicant’s Exhibit 1.
Hearing no further comments or questions, Chairman Soule called for a motion.
Liza Streett made a motion to grant a 3.26-foot variance from the required side yard setback of 10-feet to allow the construction of a trellis/pergola and lattice on the existing deck. The motion was seconded by Nicki Herrington and unanimously approved by the Board.
Chairman Soule asked staff if a meeting in January was anticipated.
Director Istenes informed the members that she is expecting an application for use variance for the building next to the coffee house on Brentwood Boulevard.
Being no further business for this Board of Adjustment this evening, the meeting adjourned at 5:28 p.m.
_________________________
1
MINUTES BOARD OF ADJUSTMENT DECEMBER 1, 2016
ROLL CALL: Rick Bliss
Susan M. Istenes, AICP, Planning Director Mel Disney
Ken Heinz, Acting City Attorney Nicki Herrington Liza Streett Chairman Gary Soule
Chairman Soule called the meeting to order at 5:00. He noted that there is only one item for consideration this evening and that there was a full complement of the Board (5 members) in attendance. All Board members and city staff introduced themselves.
The transcription of the November 3, 2016 meeting was presented for approval. The transcription was approved, after having been previously distributed to each member.
APPEAL FROM DENNIS FITZWILLIAM, CONTRACTOR, ON BEHALF OF PHYLLIS MARITZ, OWNER, FOR THE PROPERTY ADDRESSED 135 LINDEN AVENUE
Anthony Duncan, project architect, was in attendance at the meeting. Also in attendance was Dennis Fitzwilliam, contractor.
Those wishing to speak were sworn in by Kathy Scott, Planning Technician/Recording Secretary. (Dennis Fitzwilliam was not sworn in at this time).
Chairman Soule asked if the City had any exhibits to present with regard to this appeal.
Acting City Attorney Heinz presented the following exhibits:
A. City of Clayton Code of Ordinances & City Master Plan B. Zoning Review Application & Denial Letter C. Appeal Application D. Drawings submitted by applicant E. Staff Report
Chairman Soule asked the applicant if he had any objections to these exhibits being made part of the record.
Mr. Duncan replied “no”.
Chairman Soule indicated that the exhibits would then be made part of the record.
Mr. Duncan indicated that he prepared the drawings and the pergola is made of a series of various size planks. He added that the project also includes a screen/lattice to provide privacy.
Duncan indicated that he prepared the drawings and the pergola is made of a series of various size planks. He added that the project also includes a screen/lattice to provide privacy.
2
Nicki Herrington asked how old the house is.
Mr. Duncan stated that it was built in the 1920s.
Mel Disney asked when the deck was constructed.
Mr. Duncan stated that it is likely 10 – 15 years old; however, it has been well maintained.
Rick Bliss noted that the Request for Zoning Review Application states that the proposed structure is not within the setback.
Mr. Duncan indicated that was a mistake.
Chairman Soule asked if there were any other questions.
Nicki Herrington asked if the house next door is new.
Mr. Duncan replied “yes”; he noted that it likely received a setback variance.
Liza Streett asked if there is an outdoor room.
Mr. Fitzwilliam replied “yes”.
Mr. Fitzwilliam was officially sworn in.
Mr. Fitzwilliam stated that the property next door has a fireplace and a sizable screened-in porch directly across from the deck.
Chairman Soule asked the address of the property next door.
Mr. Fitzwilliam indicated that he did not know the address.
Liza Streett informed the members that the address next door is 141 Linden.
Chairman Soule asked for staff’s input regarding practical difficulties.
Director Istenes indicated that this is an older structure sitting next to a new one and the newer homes tend to maximize lot coverage; she agreed that because of that, there is some loss of privacy here.
Chairman Soule agreed that this structure would provide some measure of privacy from the property to the north.
Director Istenes agreed.
Director Istenes informed the members that she is expecting an application for use variance for the building next to the coffee house on Brentwood Boulevard. Being no further business for this Board of Adjustment this evening, the meeting adjourned at 5:28 p.m.
_________________________
4
Recording Secretary