Citation in context
May 5, 2016 — Meeting Minutes
Cited passage
Louis Clayton replied “yes”. Chairman Soule asked if the new garage placement does not deviate from a condition that existed for many years.
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Louis Clayton concurred.
Chairman Soule asked if staff believes that granting this variance would not be a detriment to surrounding properties.
Louis Clayton replied “yes”.
Chairman Soule asked if staff believes that granting this variance would not impact light or air to adjacent properties.
Louis Clayton replied “yes”.
Chairman Soule noted that the only alternative would be re-pouring a foundation and that is not being considered due to cost.
Mr. Huddart stated that a new foundation would add $10,000 to the project.
Hearing no further questions or comments, Liza Streett made a motion to approve the .5-foot variance from the required side yard setback of 5-feet to allow the reconstruction of a garage. The motion was seconded by Mel Disney and unanimously approved by the members.
Being no further business for this Board of Adjustment this evening, the meeting adjourned at 5:30 p.m.
Staff informed the members that there will be no meeting in June.
_________________________ Recording Secretary
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MINUTES BOARD OF ADJUSTMENT MAY 5, 2016
ROLL CALL: Rick Bliss
Louis Clayton, Planner Mel Disney
Ken Heinz, Acting City Attorney Liza Streett Mary DeBenedetti Chairman Gary Soule
Chairman Soule called the meeting to order at 5:00. He welcomed everyone to the meeting and 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 minutes of the April 7, 2016 meeting were presented for approval. There were several corrections that were needed; most notably to correct the spelling of Liza’s last name. Other minor changes were also needed. The recording secretary indicated that she would make the necessary changes. The minutes were then approved, as amended/corrected, after having been previously distributed to each member.
APPEAL FROM DAVID & SUSAN HUDDART, OWNERS, FOR THE PROPERTY AT 508 EAST POLO DRIVE
Chairman Soule verified that the applicant was in attendance.
Those wishing to speak were sworn in by Kathy Scott, Planning Technician/Recording Secretary.
David Huddart stated that he assumed the members reviewed their submittal.
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. Huddart replied “no”.
Mr. Huddart replied “no”.
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Chairman Soule indicated that the exhibits would then be made part of the record.
Mr. Huddart informed the members that their existing garage is in disrepair and that they would like to replace it with an identical structure on the existing foundation; noting the foundation is 4 ½ feet from their west property line. He stated that because the Code requires a side yard setback of 5-feet, they are requesting a ½ foot variance so they can build the new garage on the existing foundation. He added that if they met the setback requirement, they would have to pour an entirely new foundation. He asked for leniency.
Mel Disney noted that no details regarding the foundation were provided and that he is concerned that the existing foundation will support a new structure.
Mr. Huddart indicated that his contractor says it is fine.
Mel Disney stated that the foundation may not be sufficiently thick; he added that he appreciates the cost issue; however, he is concerned about the existing foundation.
Mr. Huddart informed Mel that they dug a corner of the foundation and it has 30-inch footings.
Chairman Soule asked staff if this is considered a legal, non-conforming structure as it already encroaches.
Louis Clayton replied “yes”.
Chairman Soule asked if it is staff’s opinion that the existing placement of the house, driveway and garage would make construction of a new detached garage within the setback difficult.
Louis Clayton replied “yes”.
Chairman Soule asked if it is common in Clayton for an original garage to be placed on or near the property line.
Louis Clayton replied “yes”.
Chairman Soule asked if garages are common amenities in the neighborhood.
Louis Clayton replied “yes; to my knowledge”.
Chairman Soule asked if only a small portion of the garage encroaches over the setback line.
Louis Clayton replied “yes”.
Chairman Soule asked if the new garage placement does not deviate from a condition that existed for many years.