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07/07/2014 Minutes
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07/07/2014 Minutes
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N Olmsted Boards & Commissions
Year
2014
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
7/7/2014
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diseases and devalue the neighborhood. Ms. Gibbons said she is against the variances requested, <br />the shed is too large and neighbors shouldn't be subjected to the coop. Mr. Nader said he was <br />against the pigeons as they are making a mess of neighboring yards and sidewalks. Mr. Pavliqoti <br />said the neighbors have never tallced to hiin about their concerns and the shed has been in place <br />for more than a year. The coop is raised so that the area beneath it can be kept clean. He doesn't <br />believe the re-grading of their yard is adversely affecting their neighbor's yard. He believes the <br />neighbor's water issues are preexisting. <br />Mr. Russell said the building department objects to the variances requested and noted that the <br />complaint received pertained to the shed and the pigeon coop was seen by the inspector while at <br />the site. There is an easement in place which should have nothing within the 5 foot area. The <br />shed was built without a permit and is too large for the lot and the coop is not allowed. Mr. <br />O'Malley said the board should address the request as written; the matter of the easement area <br />being filled in with dirt is not before the board. He said that if there is not an appropriate place <br />for the shelter to be installed then no animal shelter should be installed. He reviewed recent <br />codes pertaining to animal shelters and their placement. Mr. Raig asked if the easement was an <br />electrical easement or drainage easement and Mr. O'Malley said the city engineer was not <br />present to address the grading changes or the type of easement that is in place. Mr. Papotto said <br />if there are any easements in place typically there should be nothing allowed within the easement <br />area. <br />Ms. Bellido moved, seconded by Mr. Raig, to grant APP14-985: Enea Pavligoti of 23521 <br />Carriage Lane the following variances for a shed: <br />1. A 3 ft. variance for side setback for a storage shed; code requires 5 ft., applicant shows <br />2 ft., Section 1135.02(d)(1)(5). Note: 1. <br />2. A 9 in. variance for rear setback of shed; code requires 5 ft., applicant shows 4 ft. 3 in., <br />Section 1135.02(d)(1)(5). Note: 1. <br />3. A 20 sq. ft. variance for a storage shed larger than code allows; code permits 120 sq. ft., <br />applicant shows 140 sq. ft., Section 113.5.02(d)(1). <br />Motion failed 0-4. Mr. Papotto said if proper permits were applied for variances for the shed <br />could have been avoided and nothing should be constructed in an easement area. Mr. Allain said <br />there was no reason shown the shed couldn't be placed to code. Mr. Raig said he was not in <br />favor of the size of shed or its placement within an easement. <br />Mr. Raig moved, seconded by Mr. Allain, to grant APP14-985: Enea Pavligoti of 23521 <br />Carriage Lane the following variances for an animal shelter: <br />4. An 8 ft. variance for an animal structure (pigeon coup) too closes to side property line; <br />code requires 10 ft., applicant shows 2 ft., Section 1135.02(e) <br />5. An approximate 160 ft. variance for a domestic animal house too close to an abutting <br />residence; code requires 200 ft., applicant shows approximately 40 ft., Section 1135.02(e) <br />Motion failed 0-4. Mr. Papotto said the required distance from abutting residence cannot be met <br />and that's not a reason to grant a variance. Ms. Bellido said the yard is too small for the structure. <br />APP14-1151: Rosanne Dunn; 26154 Byron Dr. <br />Proposal consists of a fence. The following variances are requested: <br />1. A 2.5 ft. height variance for a fence higher than code allows in neighbor's 50 ft. front setback <br />on a corner lot; code permits 30", applicant shows 5 ft., Section 1135.02(f)(2). <br />3
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