04/05/1989 Minutes - Laserfiche WebLink

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?- BOARD OF ZONING APPEALS APRIL 5, 1989 PAGE 3 6. A. and M. Bibbs, 23472 Westchester Drive Request for variance (1123.12). Request variance to place a fence less than 3 feet from the right of way on a corner lot. Violation of Ord. 87-93, Section 1135.02(h)2. Chairman Bugala called all interested parties before the Board. The oath was administered to Mr. and Mrs. Bibbs who explained that the fence would be about 1 foot from the sidewalk instead of 3 feet as required. They explained that if they place the fence 3 feet in they would only have a 14 foot side yard. Mr. Bugala beleives that this would be a safety hazard, especially if they put in hedges along the fence. Mr. Bibbs suggested that a stipulation be made that they could not put shrubs along the fence. Mr. Gomersall stated that this is too close to the sidewalk. T. Restifo moved to grant the vari- ance for A. and M. Bibbs at 23472 Westchester Drive to place a fence less than 3 feet from the right of way on a corner lot, seconded by J. Helon, Roll call on motion: Mr. Restifo, yes. Helon, Gomersall, and Bugala, no. Motion failed to pass. Variance denied. 7. Kenneth M. Hoff, 6165 Paisley Drive Request for variance (1123.12). Request 3 foot height variance and 105 square foot variance for gazebo. (Note: gazebo is 105 square feet, but there is a shed on the property). Violation of Ord. 87-93, Section 1135.02(d). Chairman Bugala called all interested parties before the Board. The oath was administered to Mr. Hoff. Board had no questions regarding this request. J. Helon moved to grant-. the 3 foot height variance and the 105 square foot variance for a gazebo for Kenneth M. Hoff, 6165 Paisley Drive, seconded by T. Restifo, and unanimously approved. Variances granted. 8. Michael S. Smith, 7100 Josephine Dxive Request for variance (1123.12). Request variance to eliminate 6 foot fence for a swimming pool (4 foot wood fence is existing around yard). Building permit for pool was issued on 5/31/88. Violation of Ord. 87-93, Section 1135.02-Lo Chairman Bugala called all interested parties before the Board. The oath was administered to Mr. and Mrs. Smith and Mrs. Kelly, a neighbor. Mr. Smith advised that when he obtained his building permit he was told that he would not need a 6 foot fence since his existing 4 foot fence was installed prior to 1978. He installed his pool in June and was not told until September that he needed a 6 foot fence. He is questioning why he was no.t denied the permit originally. In response to the Board's questions, Law Director Gareau stated that the Board does have the right to deny a variance even if a pernit has been issued. It was clarified that a 2 foot fence could be put_around the edge of the pool, and the he would not have to replace the existing fence around his entire yard. Chief Building Inspector advised that the ordinance reads that if a fence was installed before 1975 that no additional fencing would be required for a pool, and apparently someone in the Building Department had the wrong date. Law Director Gareau pointed out that if the fence had been constructed four years earlier, a 6 foot fence would not have been required. R. Gomersall moved to grant the request to eliminate a 6 foot fence around a swimming pool for Michael Smith, 7100 Josephine Drive, seconded by J. Helon, and unanimously approved. Variance granted.