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12/07/2015 Minutes
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12/07/2015 Minutes
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N Olmsted Boards & Commissions
Year
2015
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
12/7/2015
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abutting neighbors have no objection which is noted in the signed letter submitted. When he <br />purchased the home he was not aware of the cities fencing codes. His intent is to enhance his <br />property value while providing privacy and security. The property slopes downward away from <br />the road which exposes his yard and home to more vehicular noise. <br />Ms. Rudolph noted there were no other front yard fences in the neighborhood and felt the fence <br />was very prohibitive. Mr. Zimmerman said he has a dog, and while tending his yard or just <br />relaxing out front he has to deal with vehicle noise and comments being yelled at him from <br />passing cars. Ms. Rudolph said while at the site she noted the L-shape mound and questioned if <br />the fence would be atop the mound and Mr. Zimmerman said yes. Mr. Allain questioned if <br />thought had been given to a shorter more open type fence and Mr. Zimmerman said the height of <br />the fence is scaled with the height of the evergreens. Mr. Raig questioned the write-up which <br />says the fence will be 102 inches high and 1VIr. Russell said the total height of the fence includes <br />the mound as the measurement is taken from grade to the top of the fence. Mr. Zimmerman said <br />the top of the mound is even with the road. A shorter fence wouldn't provide privacy or buffer <br />vehicular noise. Mr. Papotto said currently the design and layout of the mound is an interesting <br />feature but once fencing is added atop the mound the fencing would dominate the entire site and <br />be out of character of the neighborhood. He questioned if the applicant was open to fencing <br />which isn't solid and Mr. Zimmerman said the solid style was chosen for privacy. Board <br />members felt the height and solid style fence would adversely impact the neighborhood. <br />Ms. Rudolph moved, seconded by Mr. Papotto, to grant 15-4932; Caleb Zimmerman of <br />6190 Fitch Road the following variances for a cleeorative gence: <br />1. A 72 in. variance for fence in the front yard; code permits 30 in., applicant shows 102 <br />in., Section 1135.02(f)(1). <br />2. A variance for a solid wood fence in the front yard; code requires 50% open, applicant <br />shows solid; Section 1135o02(f)(1), rrnotion failed 0-5. <br />15-4937; William Merrell: 4389 Danberry <br />Proposal consists of a fence. The following variances are requested: <br />1. A 30 in. variance for the height of a fence constructed on a corner lot, code permits 30 in., <br />applicant shows 60 in., Section 1135.02(f)(2). <br />2. A variance for a solid fence constructed in the front building line of the neighbor's on a <br />corner lot, code permits 50% open, applicant shows solid, Section 1135.02(fl(1). <br />3. A variance for a 5 ft. high fence in a neighbor's front setback on a corner lot, code does not <br />allow, applicant shows a fence in the front setback on a corner lot, Section 1135.02(f)(2). <br />The oath was administered to homeowner William Merrell and contractor Mathew McMillon. <br />Mr. Merrell said the existing 5' high board on board fence had been in place for 29 years and <br />needed to be replaced. They hired Budget 1 Fence to replace sections of the exiting fence which <br />are visible from the street with new 5' high white vinyl fence sections. The remaining sections <br />of board on board fence will be replaced as the budget permits. The only change made was the <br />gate which was 4' wide and now 5' wide for easier access. When Budget 1 Fence was hired they <br />were assured the contractor would acquire all permits needed to install the fence which was <br />installed in August. Mr. McMillon said he submitted all the paperwork to the city in June or July <br />for the permit and unintentionally installed the fence prior to being told a variance was required <br />or a permit being issued. It was no fault of Mr. Merrell nor was it done intentionally, he pulls <br />hundreds of permits a year in North Olmsted for fences and it was his mistake it was installed <br />2
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