08/08/1996 Minutes - Laserfiche WebLink

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CITY OF NORTH OLMSTED BOARD OF ZONING APPEALS MINUTES AUGUST 8, 1996 -7:30 P.M. ? Chairman Gomersall called the meeting to order at 7:35. Present: J. Maloney, W. Purper, T. Koberna, M.J. Boyle, and R. Gomersall.. Also Present: Law Director Gareau; Assistant Building Commissioner Rymarczyk; and Assistant Clerk of Commissions Cornish W. Purper moved to approve the minutes of the minutes of the Ju1y 11, 1996, seconded by J.1Vfaloney and unanimously approved. - Chairman Gomersall advised that each case would be judged on the physical situation peculiar to itsel? so that in no way is a judgment rendered considered to be a general policy judgment affecting properties and like situations elsewhere. He explained that it would take three affirmative votes to approve a request and any building permits for all variances and special permits gra.nted can be picked up Monday in the building department. 1) David Wheatlev 2871 Clague Road. Request for variance (1123.12). Request 2 foot height variance and a 33.5 foot location variance, to install a 4_5 foot high shadow.box fence in side and rear yard of corner lot abutting front setback of the adjacent house. Violation of Ord. 90-125, Section 1135.02 (fl) and (fl) Chairman Gomersall called all interested parties before the board. The oath was admiuistered to Mr. Wheatley and Mr. Lutton. Mr. Lutton explained he lives in the house adjacent to Mr. Wheatley's back yard. Mr. Gomersall felt that the proposed fence is too close to Mr. Lutton's driveway and would obstruct the view of children on the sidewalk. The rest of the board agreed that this would definitely be a safety hazard. Mr. Gomersall would like the fence moved back at least five feet from the sidewalk. Assistant Building Commissioner Rymarczyk did not believe five feet was adequate. Mr. Maloney agreed that the visibility would still be impaired if the fence is moved back five feet. Mr. Gomersall suggested that the fence be moved to the opposite side of the trees, allowing for adequate distance between the driveway and the fence. In response, Mr. Wheatley explained the house and the fence are to scale, however, the tree locations are an approximation. Mr. Lutton would like a fence, but would rather have a chain link fence for visibility reasons. Mr. Gomersall clarified, the fence shall be located on the inside of the tree line from the rear property line and just outside the tree line ou the street side. Mr. Koberna would like six feet of distance from the driveway, however, Ms. Boyle preferred at least eight. Mr. Gomersall stated if the fence were moved to the inside of the trees, they could eliminate at least a foot coming in from the sidewalk. Mr. Wheatley would rather install the fence on the outside of the tree line. In response to Mr. Wheatley's question, Mr. Gomersall stated that he needs a variance because the fence would be next to his neighbor's front setback. The board came to a consensus, that the fence shall be installed six feet from the neighbor's driveway. In response to Chairmui Gomersall's question, Mr. Wheatley stated his neighbor's driveway is at an angle so the distance from the property line varies between 2.2 and .8 feet, he clarified that he would like to build the fence 3 feet off the property line, but parallel to the driveway. Mr. Rymarczyk explained the fence should be installed 15 feet from the sidewalk. Mr. Wheatley reiterated he would like the fence on the outside of the tree line three feet off the driveway. Chairman Gomersall stated that he can either go with the amendments or risk having his proposal denied. Mr. Wheatley agreed to the amendments.