05/05/1988 Minutes - Laserfiche WebLink

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BOARD OF ZONING APPEALS MAY 5, 1988 PAGE 3 administered to Mr. and Pirs. Jarachovic and Mr. Szloh, a neighbor, who has no objection to the request. C. Remmel moved to grant the variance requested for the rear and side line location for the tool shed for Mr. Jarachovic, 3850 Evelyn Drive, seconded by R. Bugala, and unanimously approved. Variance granted. 6. C. A. Ollick, 5639 Columbia Road Request for variance (1123.12). Request 1 foot height variance for fence. Violation of Ord. 87-93, Section 1135.02. G`hairman Remmel called alI interested parties before the Board. The oath was administered to r4r. Ollick, and neighbors, Mr. Felder and Mr. Riley. Chairman Remmel noted that Mr. Ollick's request stated that he needed the 6 foot fence because his neighbor had a horse and there were several dogs in the three houses and ever_y time anv of the dogs saw the horse they barked. Mr. Riley the iiext door neighbor is also requesting the same variance. Mr.. Felder has iio objection to the height but is concerned that the fence is to be installed in a swale and could cause problems later. He also stated that he is confused by the fence ordinance. Building Commissioner Conway stated that it would be up to the Engineering Department to determine if the fence would restrict the flow of the water in the swale and advised lr:r. Felde'r to see him about the fence ordinaxice. Mr. Remmel stated he did not notice a deen swale. Mr. Bugala and Mr. Remmel agreed that two 6 foot fences would give the appearance of a stockade, and stated that dogs are not-usually a consideration for granting a variance. It was explained that the neighbor to the rear was planning to breed Rottweilers and Mr. Ollick stated that his dogs went into a frenzie when they saw the horse. Mr. Bugala advised the the code originally restricted fences to 4 feet, it was changed to 5 feet, and people are still requesting variances. He suggested that Mr. Ollick contact his council person to request that the ordinance be changed. J. Helon moved to grant the 1 foot height variance for a fence for Mr. C. A. Ollick, 5639 Columbia Road,.seconded by C. Remmel. Roll call on motion: Helon, Remmel, and Bugala, no. Motion .failed to pass. Variance denied. Mr. Ollick objected, stating that most s.tores only sell 6 foot fences, that he is planning to install a swimming pool later, and that since none of his neighbors objected, he did not understand wh_y the Board denied his request. P1r. Remmel explained how the Board decided on a variance,and explained that a six foot fence would be required with a swimming pool, but the Board could iiot grant the variance based on put.ting in a pool later. 7. Kevin D. Riley, 5637 Columbia Road Request for variance (1123.12). Request 1 foot height varianee.for fence. Violation of Ord. 87-93, Section 1135.02. Mr. Riley, Mr. Ollick and Mr. Felder had been sworn in from previous case. Mr. Riley exnlained that he had bought his home six years ago for privacy and since these homes have been built he has no.privacy, and that he could not walk outside without dogs barking. He also objected because one of these homes required a variance and he was not notified.. R. Bugala moved to grant the 1 foot height variance for a fence for Kevin D. Riley, 5637 Columbia Road, seconded by C. Remmel. Roll call on motion: Bugala, Remmel, and Helon, no. Motion failed to pass. Variance denied.