02/01/2016 Minutes - Laserfiche WebLink

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16-5175; Caleb Zimmerman; 6190 Fitch Road Proposal consists of a fence in the front yard. The following variance is requested: l. A 60 in. variance for fence in the front yard; code permits 30 in., applicant shows 90 in., Section 1135.02(f)(1). Note: Applicant was previously denied a 72 in. height variance and a fence not 50% open; see 15-4932 heard on 12/7/2015. The oath was administered to Caleb Zimmerman and Thaddeus Smith of 6190 Fitch Road. Mr. Zimmerman read the letter submitted from Dr. Andrew Hunt. The doctor stated that the improvements are medically necessary. Mr. Gareau questioned the undisclosed disability and who the undisclosed the patient is. Applicants would not disclose further information regarding details about the disability or resident. Ms. Sabo clarified that the home is a private residence, not a group home for disabled persons. Mr. Zimmerman stated that the proposed fence would provide visibility and safety from the road traffic. He stated that the photos submitted show traffic going off the road onto the applicant's property. He claimed that the fence would keep vehicles from going into their property since they do not have a ditch to provide a barrier. He also mentioned the cost of constructing the structure and that removing it would incur additional costs. Mr. Smith claimed that people speed down the street, throw debris and yell at the residents. Mr. Russell stated that the current proposal was reduced in height by 12 inches and the openness of the fence was increased from the previous request heard at the 12/7/15 BZA meeting. He stated that the issues described by the applicants were noise and light in the previous case. Mr. Smith stated that the purpose of the fence is to provide personal safety and decrease light and noise. Mr. Zimmerman stated that landscaping around the fence would be added eventually. Mr. Russell stated that an inspector stopped when they were building the mound. They were required to get a landscape permit. Mr. Zimmerman stated that he was not notified that a variance was required until after the fence was built. Mr. Allain asked if other houses in the neighborhood have fences in the front yards. Mr. Zimmerman stated that a few houses do. Mr. Allain asked if a noise reduction test was done to determine that the fence is reducing the noise other than the video tape evidence. Mr. Zimmerman stated that no tests have been done and Mr. Smith reiterated the doctor's statement. Mr. Allain asked when the fence was built. Mr. Zimmerman stated that the mound was probably built in August and the fence was installed in November. Mr. Zimmerman stated that the first contact from the Building Department was a letter dated 12/9/15. Mr. Russell stated an inspector went out to question why the dirt was there and the owner became aggressive so the inspector left. Mr. Zimmerman stated he stopped working on the fence when he found out about it. Clarification was made that the letter dated 12/9/15 was in regards to the denial of the initial BZA request. Mr. Raig clarified that the drawings of the fence depict the variance they are requesting. Mr. Zimmerman stated the height of the mound was not altered for the current proposal. Clarification that the mound is included in the fence height calculations. Mr. Zimmerman stated that the posts for the fence have concrete footers that go below the mound. Discussion over what the photos submitted show in regards to vehicles driving on their property. Mr. Zimmerman purchased the property 5 years ago. Mr. 2