February 5, 2015 — Meeting Minutes

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.

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

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.

Mary DeBenedetti asked if the brick from the existing garage will be used on the new garage.

Mr. Bates replied “yes”; stating that he hopes to re-use the existing brick.

Mel Disney asked if the yard drain is functional.

Mr. Bates stated that he believes it drains to the sewer line.

Mel Disney asked if the roof drains onto the ground.

Mr. Bates replied “yes”.

Mel Disney asked if the new downspouts will be piped underground.

Mr. Bates indicated that he’s not sure; he does plan to install a French drain.

Mel Disney indicated that he only mentions this because it is obvious water caused problems.

Mr. Bates agreed.

Rick Bliss asked what MSD will require.

Louis Clayton stated that City policy is to review drainage for projects requiring site plan review (new construction, major additions), which this project does not. He added that drainage will be reviewed during the building permitting process to be sure there will be no drainage onto adjacent properties.

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. Bates replied “no”.

Chairman Soule indicated that the exhibits will be received and put into the record.

Chairman Soule asked Louis Clayton if staff agrees with the applicant’s assessment that it would be difficult if the structure were built in conformance with the setbacks.

Louis Clayton replied “yes”.

Chairman Soule asked if the encroachment into the setbacks would be less than exists today if the variance is granted as requested.

Louis Clayton replied “yes”.

Chairman Soule asked if in staff’s opinion, the size and location of the addition would have a detrimental impact.

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.

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:

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.

6 Chairman Soule mentioned cutting off the front of the house.

Louis Clayton indicated that is the obvious alternative and sees no additional alternative to rectify the situation.

Mel Disney commented that only the portion that is the width of the porch would have to be removed.

Mr. Robbins agreed; adding that the foundation would have to be removed as well.

Chairman Soule asked if the variance being requested is relatively minor.

Louis Clayton replied “yes”.

Chairman Soule asked if granting this variance would have a detrimental impact on health or welfare.

Louis Clayton indicated that staff does not believe so.

Chairman Soule asked if granting this variance would have a detrimental impact on surrounding properties.

Louis Clayton indicated that staff does not believe that it would.

Chairman Soule asked if granting the variance would result in an inadequate supply of light or air.

Louis Clayton indicated that staff does not believe it would.

Chairman Soule called for a motion.

Anne Bishop made a motion to approve the variances as requested. The motion was seconded by Mary DeBenedetti and unanimously approved by the members.

Motion carries. Variances are granted.

Staff informed the members that there will be a meeting in March.

Being no further business for the Board of Adjustment, this meeting adjourned at 5:50 p.m.

_____________________________ Recording Secretary

Document

February 5, 2015 — Meeting Minutes