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BUILDING & ZONING BOARD OF APPEALS CITY OF NORTH OLMSTED MINUTES OF NOVEMBER 7, 2016 ROLL CALL Chairman Raig called the meeting to order at 7:00 pm in Council Chambers and led the Pledge of Allegiance. Present: Michael Raig, Bob Papotto, Melissa Meredith, Eric Allain, Donna Sabo Staff: Law Director Michael Gareau, Assistant Building Commissioner Dan Russell, Planner James Aspery, Administrative Assistant Nicole Rambo-Ackerman 1tEVIEW AND CORRECTION OF MINUTES Mr. Allain moved, seconded by Mr. Papotto, to approve the Building & Zoning Soard of Appeals minutes of October 3, 2016, anotion passed 5-0. RESIDENTIAL APPEALS AND REQUESTS 16-7150; Mellisa Edwards & Aziz Ouqassou; 24702 Kennedv Ridge Road Representatives: Mellisa Edwards, Owner; Aziz Ouqassou; Owner Proposal consists of a detached deck in the front yard. The property is zoned One Family Residence B. The following variance is requested: 1. A variance for an accessory structure (detached deck) to be built in the front yard; code does not allow, applicant shows a freestanding declc built in the front yard; Section 1135.02(d)(3). Mr. Aspery stated that the applicant is proposing to baild 13.5 feet by 14.5 feet detached deck in their front yard. Code permits accessory structures, such as decks, only in the rear yard. Ms. Edwards stated that their home is not conducive for supervision of their children in the backyard because the back of the house has no windows. The owners put the playset in the front yard since their home is set back 200 feet from the road. Ms. Edwards stated that they built the deck after misinterpreting the code. Mr. Papotto asked if a permit was obtained prior to the structure being built, Mr. Russell stated that one was not. Ms. Sabo clarified that the play structure is not regulated. Ms. Meredith clarified that the deck requires a variance because it is not attached to the house. Ms. Edwards clarified that the deck is not on footers and is attached to the concrete pad which is adjacent to the house. Ms. Edwards plans to use the backyard for food gardens and for her chickens and did not want the playset in the back yard. The fenced in backyard does not drain well but there is enough space to build the deck. The owners bought the home in 2007 and the deck was built in July 2016. The owners have no intention of installing a railing around the deck. The deck is 9.25 feet away from the house and the play structure is between the deck and the street. Mr. Allain stated that it is the owner's responsibility to get in touch with the city regarding permit issues and he did not think people should ask for forgiveness. He also noted that the deck is not far off of the ground but if it was stone it would not require a variance. Ms. Meredith