March 2, 2017 — Meeting Minutes

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MINUTES BOARD OF ADJUSTMENT MARCH 2, 2017

ROLL CALL: Mel Disney

Anna Krane, Planner Liza Streett

Ken Heinz, Acting City Attorney Nicki Herrington

Rick Bliss Chairman Gary Soule

Chairman Soule called the meeting to order at 5:07 p.m. and apologized for the late start. He noted that there is 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.

Chairman Soule announced that because the minutes of the February 2, 2017 meeting were just recently distributed to the members, the vote to approve them will be postponed until the next meeting.

APPEAL FROM NOEMI NEIDORFF REVOCABLE TRUST, OWNER, FOR THE PROPERTY AT 211 LINDEN AVENUE

Larry Chapman, representing the owners, was in attendance at the meeting.

Those wishing to speak were sworn in by Kathy Scott, Planning Technician/Recording Secretary.

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. Application for Zoning Review 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. Chapman replied “no”.

Chairman Soule noted that these exhibits will be entered into the record.

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Mr. Chapman thanked the members for allowing them to present their appeal. He distributed a letter of support that was written by the neighbor (marked Exhibit 1).

Chairman Soule asked if the letter he is referring to was from the Murphy’s.

Mr. Chapman replied “yes”.

Chairman Soule informed Mr. Chapman that the Board had already received that letter.

Mr. Chapman distributed an aerial photo of the property and surrounding properties as well as an embellished copy of the plot plan, elevation/cross section and photo depicting the material proposed for the project, (marked Exhibits 2-5 respectively). He then indicated that there is an existing 8-foot in height masonry wall that separates this property from the property addressed 217 that the “screen” will be attached to. The “screen” will be supported on the house side by posts; it will not be attached to the house. Mr. Chapman informed the members that the owners have a small dog and that they have a concern about hawks; they want their dog protected from these predators.

Mr. Chapman stated that other than the front yard, there is no other place to erect this “screen”. He indicated that the material is open and provides air flow while protecting their pet. He added that this “screen”, because it will be black, almost “disappears” from view from the street or neighboring properties and that staff has no objection. He asked that this Board approve the proposal and asked if there were any questions.

Liza Streett stated that she went by the property earlier today and noticed wood planks being used. She asked why the proposed material is raised/curved.

Mr. Chapman stated that they have to attach it to the existing wall.

Liza Streett commented that people passing the property will see the framework.

Mr. Chapman stated that it’s possible; although it is aesthetically pleasing and that what’s being used now doesn’t look very good.

Liza Streett concurred that what’s there now serves the purpose, but isn’t attractive.

Mr. Chapman informed the members that the proposal was designed by an architect to be compatible with the house.

Liza Streett asked what other factors, besides light and air, are the purpose of setbacks.

Anna Krane indicated that safety/emergency access is a factor but not in this case; this is more of a design impact.

Nicki Herrington asked if basically they are adding mesh to the top to provide covering.

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Mr. Chapman replied “yes”.

Rick Bliss asked if this will be subject to Architectural Review Board review and approval.

Anna Krane indicated that it likely will go through administrative architectural review.

Rick Bliss commented that he is surprised by the use of vinyl.

Anna Krane stated that when the building permit application is submitted, the City Manager can choose to defer the application to the Architectural Review Board for formal review.

It was noted that there are three sets of French doors along the north elevation.

Rick Bliss asked who the contractor is on this job.

Mr. Chapman replied Mr. Korn; that Mr. Neidorff partnered with Clayco who is doing the Centene project. He told the members that he was asked to attend this evening as they were unable to attend.

Rick Bliss asked about alternatives, including alternative materials. He mentioned long wires to keep birds away.

Mr. Chapman stated that he is not aware of wires.

Liza Streett mentioned that fishing line, sometimes used on Koi ponds, can’t be seen as it is virtually invisible to people, but birds can see it. She stated that fishing line may be the least intrusive option.

Nicki Herrington asked if the ground surface will change.

Mr. Chapman replied “no”; it will remain concrete and dirt.

Mel Disney commented that this is an interesting use of materials and may be overkill for its intended purpose, but this Board can only review what’s put in front of them. He mentioned that this enclosure may cause a leaf problem and that he does not think this belongs in Clayton or at the home of a leading citizen.

Mr. Chapman stated that leaves will blow off of it due to its curve. He reiterated that an architect designed this.

Mel Disney stated again that he believes the material being used is overkill.

Mr. Chapman stated that the material being proposed was intended to do the opposite. He noted that it is constructed of metal with a vinyl coating.

Chairman Soule asked the purpose of the material.

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Mr. Chapman stated that it won’t rust.

Nicki Herrington asked the value of the house.

Mr. Chapman indicated that the house is about 8,000 square feet and worth about $2.5 million.

Nicki Herrington stated that she would have a problem not approving this.

Chairman Soule agreed, noting that each application is considered on its own merit and outside factors are not part of their consideration.

Chairman Soule asked if staff’s opinion is that this will have minimal impact.

Anna Krane replied “yes”.

Chairman Soule asked if staff anticipates that this will not have a detrimental effect on the public’s safety and/or welfare.

Anna Krane replied “yes”.

Chairman Soule asked Mr. Chapman if he had anything more to add.

Mr. Chapman replied “no”.

Chairman Soule asked Ken Heinz if the City had any objections to the exhibits presented by the applicant at the beginning of this meeting.

Ken Heinz replied “no”.

Hearing no further questions or comments, Chairman Soule called for a motion.

Nicki Herrington made a motion to approve the variance as requested. The motion was seconded by Rick Bliss and unanimously approved by the Board.

Chairman Soule asked if there will be a meeting in April.

Kathy Scott indicated that an April meeting is likely.

Being no further business for this Board of Adjustment this evening, the meeting adjourned at 5:45 p.m.

_________________________ Recording Secretary