07/11/1990 Minutes - Laserfiche WebLink

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? ? 4. Janet L. Murphy, 24239 Elm Road Request for variance (1123.12). Request variance to house ducks less than 200 feet frorn dwelling. Violation of Ord. 87-93, Section 1135.02(e). Chairman Bugala called all interested parties before the Board. The oath was administered to Mr. and Mrs. Murphy and a neighbor, Mfrs. Shoppner. Mrs. Murphy explained that she had 3 pet ducks which had the run of her yard and another neighbors yar3 during the day, but she keeps thesn in the shed at night in order to protect them and to keep them from drawing other animals. She stated that at this time there were baby ducks, but they will be gone next week. She has had one of the ducks for 2 years. Mrs. Shoppner maintained that she had rats when the Murphys had chickens a few years ago. Mrs. Murphy stated that the Board of Health had been there twice and they found no evidence of rats and the representative stated that the shed was spotless. Building Commissioner Conway advised that the city could produce a copy of the Board of Health's report, but agreed that the report stated that the area was clean. Mr. and Mrs. Murphy explained that they took in an orphan duck and had assumed that it would fly away when it got older, but it never did. They also have a license for the ducks. Mr. Bugala stated that if a variance is granted it should only be while these ducks are alive and should stipulate that all baby ducks must be removed when they are old enoughm Mr. Bugala pointed out that these lots are snall and he can understand the concern of the residents. Mr. Grace did not agree with Mr. Bugala's comments since there are other residents in the city who awn ducks, turkeys, pigs, etc. He agreed that the area is spotless and he saw no signs of rats. Mrs. Shoppner stated that if this is allowed, she_ is going" to raise chickens. Mr. Bugala explained that she would have to have 200 feet from the house to any structure containing the chickens or she, too, would have to come back for a variance. R. Bugala moved to grant the variance to house the existing 3 ducks tmtil the time of their death and at that point in time the variance does, in fact, cease to exist and that all baby ducks will be removed at the appropriate time. Mrs. Shoppner objected saying if she sees one rat she will call the Board of Health and also that she did not see why she had to have that stench next door to her. She maintains that it.was cleaned up before the members came to inspect. Mrs. Murphy claimed that the smell came from the rear of the yard when they removed a boat that was stored there; they have since filled in that area with top soil. B. Grace advised that he would like to`second the motion with the Lmderstanding that he did not agree with Mr: -Bugala's stipulations. Roll call on motion: Bugala and Grace, yes. Gomersall; Helon, and Restifo, no. Motion failed to pass. Variance deniecl. Mrs. Murphy questioned if this means that she cannot keep the ducks or cannot house the ducks. Mr. Bugala advised that this means she cannot keep the ducks because they are considered to be fowl. He advised that she has the right of appeal through the courts if she appeals within the next five days. The Board's decision is made and is final. She questioned if she could keep them in the house. Mr. Bugala stated that she could not keep them unless she met all the requirements of the code. It was agreed that they could have 30 days in which to remove them. ? 5. Judi Sharosky, 24346 Fairlawn Drive. Request for variance (1123.12). Request 23 foot rear yard variance to install patio enclosure. Violation of Ord. 87-93, Section 1135.08(a). Also request special permit to add to non-conforming dwelling. Special permission required Ord. 87-93, Section 1165.02. Chairman Bugala called all interested parties before the Board. The oath was administered to Ms Sharosky and the contractors, Mr. Round and Mr.. Calcin who presented pictures of the existing patio. Ms Sharosky eXplained rhat the patio was there when her father bought the house 25 years,ago. Mr..Round stated that 2 .