Meeting

Board of Adjustment

September 1, 2022

Board of Adjustment · All meetings

Minutes
This document is the minutes of the Clayton Board of Adjustment meeting held September 1, 2022. It records roll call and attendance, staff and city attorney presence, and hearings on several variance appeals relating to side-yard setbacks in R-2 and R-4 zoning districts. The board approved a 2.9-foot variance (from an 8.0-foot requirement) for an enclosed porch above a garage, approved a 4.3-foot variance (from a 10.0-foot requirement) to allow consolidation of two lots subject to recording a consolidation plat within four months, and approved a 2.9-foot variance (from a 6.9-foot requirement) to permit construction of a deck; all votes reported were unanimous.
Full minutes

MINUTES BOARD OF ADJUSTMENT SEPTEMBER 1, 2022 ROLL CALL

GARY SOULE

MARY DEBENEDETTI ANNE BISHOP LIZA STREETT RICHARD BLISS

OTHER ATTENDEES:

RYAN HELLE, PLANNER KEVIN O’KEEFE, CITY ATTORNEY

Chairman Gary Soule called the meeting to order at 5:10 pm.

Chairman Soule inquired as to the status of the minutes from the March 3rd, 2022, meeting. Ryan Helle clarified that the minutes were in a draft status and would be submitted for approval at the next meeting.

1. An appeal from Mr. Terry Bernstein and Mrs. Bernstein, Applicant/Owner, of 632 Audubon Drive for a 2.9 foot variance from the required side yard setback of 8.0 feet, Section 405.1900.A.3 of Article XIII “R-2” Single-Family Dwelling District of the City of Clayton’s Zoning Regulations, to allow for the construction of an enclosed porch above an existing garage.

Jessica Deem, Architect was present Terry Bernstein, Applicant/Owner was present

Chairman Soule swore in the witnesses.

On behalf of the city, Kevin O’Keefe offered the following exhibits into the record which were admitted without objection: Exhibits A. Code of Ordinances for the City of Clayton B. Article VI, Sections 405.570-405.720, Powers of the Board of Adjustment

C. Chapter 405, Zoning Regulations D. Section 405.1900.A.3 side yard setbacks for the R2 zoning district. E. Appeal to the Board of Adjustment F. Files and records from the City pertaining the to the subject property G. Staff report

Three emails from neighbors residing at adjacent properties to the north and south were offered for the record without objection.

Jessica Deem, architect, presented the project to the Board. The board discussed the appeal with the applicants and with staff.

Rick Bliss made a motion to approve a 2.9 foot variance from the required side yard setback of 8.0 feet, Section 405.1900.A.3 of Article XIII “R-2” Single-Family Dwelling District of the City of Clayton’s Zoning Regulations, to allow for the construction of an enclosed porch above an existing garage. Mary DeBenedetti seconded the motion. The board approved unanimously.

2. An appeal from Douglas Leipziger, Applicant, of 128 and 132 North Brentwood Boulevard for a 4.2 foot variance from the required side yard setback of 10.0 feet, Section 405.2210.A.3 of Article XIII “R-4” Low Density Multiple-Family Dwelling District of the City of Clayton’s Zoning Regulations, to allow for the consolidation of two lots.

Douglas Leipziger, Applicant was present Pamela Grant, neighbor, was present Andrew Galakatos, neighbor, was present Chairman Soule swore in the witnesses. On behalf of the city, Kevin O’Keefe offered the following exhibits into the record which were admitted without objection: Exhibits A. Code of Ordinances for the City of Clayton B. Article VI, Sections 405.570-405.720, Powers of the Board of Adjustment C. Chapter 405, Zoning Regulations D. Section 405.2210.A.3 side yard setbacks for the R4 zoning district. E. Appeal to the Board of Adjustment F. Files and records from the City pertaining the to the subject property G. Staff report

Doug Leipziger, applicant, presented the project to the Board. The board discussed the appeal with the applicants and with staff.

Pamela Grant and Andrew Galakatos, residents of Maryland Walk condos presented concerns from the condo association and condo residents. Rick Bliss made a motion to approve a 4.3 foot variance from the required side yard setback of 10.0 feet, Section 405.2210.A.3 of Article XIII “R-4” Low Density Multiple-Family Dwelling District of the City of Clayton’s Zoning Regulations, to allow for the consolidation of two lots on the condition that the lots be consolidated and a consolidation plat be recorded with the St. Louis County Recorder of Deeds after approval by the City of Clayton and within four months of the date of this meeting. Liza Streett seconded the motion. The board approved unanimously.

3. An appeal from Robert and Vivian Pollak, Applicants/Owners, of 49 Claverach Drive for a 2.9 foot variance from the required side yard setback of 6.9 feet, Section 405.1900.A.3 of Article XIII “R-2” Single-Family Dwelling District of the City of Clayton’s Zoning Regulations, to allow for the construction of a deck.

Robert Pollak, Applicant/Owner was present Vivian Pollak, Applicant/Owner was present

Chairman Soule swore in the witnesses. On behalf of the city, Kevin O’Keefe offered the following exhibits into the record which were admitted without objection: Exhibits A. Code of Ordinances for the City of Clayton B. Article VI, Sections 405.570-405.720, Powers of the Board of Adjustment C. Chapter 405, Zoning Regulations D. Section 405.1900.A.3 side yard setbacks R2 E. Appeal to the Board of Adjustment F. Files and records from the City pertaining the to the subject property G. Staff report Robert and Vivian Pollak presented to the board. The Board discussed the appeal with the applicants and with staff. Rick Bliss made a motion to approve a 2.9 foot variance from the required side yard setback of 6.9 feet, Section 405.1900.A.3 of Article XIII “R-2” Single-Family Dwelling District of the City of Clayton’s Zoning Regulations, to allow for the construction of a deck. Mary DeBenedetti seconded the motion. The motion carried unanimously. The meeting adjourned at 6:28pm.

Open full document