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minutes 2015-02-05 City meeting records #qd8abd566 Open original ↗

February 5, 2015 — Meeting Minutes

This document is the minutes of the Clayton Board of Adjustment meeting held February 5, 2015. It records attendance, approval (as amended) of prior meeting minutes, election of officers (Gary Soule as Chair, Mel Disney as Vice-Chair), testimony and exhibits received for variance appeals, staff findings on setback and drainage issues, discussion of alternatives, and motions to approve variances as requested. The excerpts include specific procedural details (swearing in, exhibit list A–E), questions from board members, and staff responses about impacts and alternatives.
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1 MINUTES BOARD OF ADJUSTMENT FEBRUARY 5, 2015

THOSE IN ATTENDANCE:

Chairman Gary Soule

Susan Istenes, Planning Director Mel Disney

Louis Clayton, Planner Rick Bliss

Ken Heinz, Acting City Attorney Anne Bishop

Mary DeBenedetti

Chairman Soule called the meeting to order at 5:00 p.m. He welcomed everyone to the meeting and noted that there are two matters up for consideration this evening. Chairman Soule announced that there is a full complement of the Board present this evening and that four favorable votes must be received for a variance to be granted. All Board members and city staff introduced themselves. Everyone wishing to speak this evening was sworn-in by the recording secretary. MINUTES

The minutes of the December 4, 2014 meeting were presented for approval. Rick Bliss noted the following errors: Page 4, 8th paragraph should read “Mr. Feder replied “no”; Page 5, 3rd paragraph should read: “Kevin O’Keefe asked if a previous request to amend the zoning regulations to allow drive-throughs in C-1 had been submitted by Mr. Feder.”; Page 5, 5th paragraph spell out CUP’s to read “conditional use permits”; Page 7, 3rd paragraph should read: “Mary DeBenedetti asked if…”; Page 7 4th paragraph from bottom, second sentence should read: “He stated that variances are granted based on hardships and this is a self-inflicted issue.”; Page 8, 4th paragraph should be better clarified; Page 10, 4th paragraph from the bottom change being to begin. The minutes were then approved, as amended, after having been previously distributed to the members.

Feder.”; Page 5, 5th paragraph spell out CUP’s to read “conditional use permits”; Page 7, 3rd paragraph should read: “Mary DeBenedetti asked if…”; Page 7 4th paragraph from bottom, second sentence should read: “He stated that variances are granted based on hardships and this is a self-inflicted issue.”; Page 8, 4th paragraph should be better clarified; Page 10, 4th paragraph from the bottom change being to begin. The minutes were then approved, as amended, after having been previously distributed to the members. ELECTION OF OFFICERS

Rick Bliss nominated Gary Soule to continue to serve as Chairman. The nomination was seconded by Anne Bishop and was unanimously approved by the members. Chairman Soule stated that he graciously accepts the position of Chairman. Chairman Soule nominated Mel Disney to continue to serve as Vice-Chairman. The nomination was seconded by Rick Bliss and was unanimously approved by the members. Mel Disney agreed to continue to serve as Vice-Chair. Chairman Soule confirmed that both applicants were present this evening

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AN APPEAL SUBMITTED BY ALEX BATES, OWNER, FOR THE PROPERTY AT 7452 YORK

Alexander Bates, owner, was in attendance at the meeting. Everyone wishing to speak was sworn in by the recording secretary. Mr. Bates began by stating that he would like to make a PowerPoint presentation to summarize his request. He noted that he would like to tear down the existing 2-car detached garage and replace it with a new one. He stated that he moved here from Boston 2 years ago and purchased this property in August of 2013; noting that the sellers did not disclose the fact that the detached garage was structurally compromised. He stated water leaks into the garage, that it tilts a couple of inches to the left and that some bricks are bowed. Slides depicting various photos of the property were shown. Mr. Bates explained that there would be much difficulty making the necessary turns from the street into the garage if the required setbacks were met. He indicated that part of his presentation included a video of that turning difficulty, but the video won’t play. Chairman Soule asked if the two driveways abut each other. Mr. Bates replied “yes”. Rick Bliss asked if there is a cross easement; a legal document that allows the shared driveway. Mr. Bates indicated that he did not know. Mr. Bates stated that he would like to build a new garage in basically the same footprint as the existing garage. He stated that he has letters supporting his request from the adjoining neighbors.

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