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Regular Council Minutes <br />9-27-04 <br />Page 17 <br />Mr. Marrelli said maybe historically, a point of clarification on the privacy versus open fence <br />issue would be in order. Traditionally, the open fence issue was for wind resistance and not so <br />that neighbors could see each other through it but so that when wind blew at high velocities, it <br />wouldn't take the fence down. That is what I would believe is the basis for this ordinance being <br />written in the first place. It usually is. The Dorans have taken, and their fencing contractor, have <br />taken every precaution and this fence is being over built to the point that it will withstand 80-90 <br />mph winds which will take the sheds out before it will take this fence out. I just wanted to bring <br />that up because what would happen is the privacy issue for their hot tub is one issue but their <br />extension is another issue that if the zoning board or this Council doesn't approve, they would be <br />forced to have 2 different kinds of fence. I don't believe that any of us wants anybody to mix and <br />match that kind of material because it just doesn't make sense and there really is no valid reason <br />if the fence is built to withstand the winds and the ordinance was written so the fences wouldn't <br />blow down, why is it not prudent for us to approve it? <br />Dr. Parker said I can appreciate your explanation but I always thought that part of the ordinance <br />and maybe there was an issue with wind, but I know there are fences that have been put in and <br />you can put a privacy fence that is made out of brick that is not going to blow down, but I always <br />thought the issue with privacy fences was what they do to neighborhoods in terms of creating <br />these homes that have these fences that just enclose these yards. And you can go through <br />communities that have them--where you have fence after fence that people have just enclosed <br />their yards and it was always an aesthetic issue, Ibelieve-at least partially-and perhaps also an <br />issue like you are saying--I don't necessarily agree with that in terms of the issue of the wind <br />blowing it down. <br />Mr. Marrelli said in Mayfield Village you couldn't build a brick fence 6' high without going to <br />the Zoning Board because it doesn't have the openings. <br />Dr. Parker said but it would withstand the wind. I guess that is one of those super majority kinds <br />of things and I don't know whether you need to wait for another person to have a super majority <br />but at this point I cannot see overturning Board of Appeals--- <br />Council President Buckholtz said I haven't made any comments yet but I will just make mine by <br />saying-if we want to take a vote on this-we would make a motion to overturn or--- <br />Ms. Calta said to overturn the Board of Appeals' decision and grant the variance. <br />Mr. Saponaro seconded by Mr. Marrie, made a motion to overturn the Board of Appeals' <br />decision and grant the variance for the privacy fence for Joseph and Martha Doran, 730 <br />Oakwood Drive, to allow a thirty foot (30') extension along rear property line of the six foot high <br />"full privacy fence" enclosing Jacuzzi hot tub. <br />Council President Buckholtz asked if there was any discussion. <br />There were no additional comments. <br />ROLL CALL: AYES: Council President Buckholtz, Mrs. Cinco, Mr. Marries Mrs. Mills and <br />Mr. Saponaro <br />