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Clayton planning board grants 8021 Venetian Drive extra impervious coverage with dry-well conditions
Summary
The ARB granted an increase from the 55% impervious maximum to 58.4% at 8021 Venetian Drive, contingent on a geotechnical percolation test and a recorded maintenance deed restriction for a proposed dry well system; vote was 4–3 in favor.
The Clayton Architectural Review Board on May 5 approved a site-specific exception to the city's 55% maximum impervious coverage for 8021 Venetian Drive, allowing the post-construction coverage of 58.4% because the applicant proposed a dry well to mitigate additional runoff. The board approved the request under section 405.189(b), which allows the commission to grant up to an additional 5% impervious coverage when just cause is demonstrated.
Staff reported the as-built survey showed the constructed pool and patio exceeded the approved permits; the applicant submitted a mitigation plan that reroutes an existing deck drain into a new dry well in the front yard. Staff recommended approval with two conditions: (1) the applicant must provide a percolation test report prepared by a qualified geotechnical engineer demonstrating the dry well will accommodate a 15-year, 20-minute storm (and upsize the dry well if necessary); and (2) the applicant must record a deed restriction describing the dry well's location and maintenance requirements and deliver proof of recording before a building permit is issued.
The contractor for the project told the board the discrepancy arose after an updated as-built survey showed a 3.5% difference from the older survey used in permitting; he said removing concrete to meet the cap would create an awkward pool deck and significant disruption. Several commissioners raised precedent and maintenance concerns: some warned the decision could become a template for other applicants to seek after-the-fact increases; others were skeptical about long-term maintenance and the effectiveness of dry wells given local soils. Alderman Gary Fader (Ward 3) spoke during public comment saying the homeowners had consulted staff and sought remedial options in good faith.
After discussion the ARB voted 4–3 to approve the staff recommendation with the two listed conditions. The roll call recorded: Steve Lichtenfeld — Aye; Bob Denlow — Aye; Susan Buse — No; Helen DeFate — Aye; Kami Waldman — No; Jim Marsenau — No; David Gibson — Aye. The board directed staff to require the percolation test and confirm the deed restriction is recorded before final permits issue.
