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The following variances are requested: <br />1. A 42 in. variance for a 6 ft. high fence constructed on a corner lot in the side yard; code <br />requires 30 in., applicant shows 72 in., Section 1135.02(D)(3). <br />2. A variance for a solid board on board fence constructed on a corner lot in the side yard; code <br />requires 50% open; applicant shows solid fence, Section 1135.02(D)(3). <br />Note: Fence is proposed to be set back 10 ft. from the side street right-of-way. <br />Mr. Aspery said the applicant is proposing a fence in the side yard of their home on the corner of <br />Michael Avenue and Elm Road with frontage along Michael Avenue. Code states that a fence <br />that is at least 50% open and that does not exceed 30 inches in height may be constructed on a <br />corner lot in the side and rear yards at the street line of the abutting lot on the side street. The <br />applicant shows a 6 foot solid fence set back 10 feet from the side street right-of-way. <br />Mr. Milhous stated that an 8-foot tall line of shrubs was along the sidewalk when they purchased <br />the home, but has since been removed. The applicants would like to install a fence because they <br />rescued a large dog and the streets are very busy. Mr. Milhous was concerned about the dog <br />being able to jump over a 6-foot high fence and they do not want to use an electric fence. The <br />applicants would like to enclose more of their yard since they are on a corner lot. Mr. Russo <br />wants to install a solid vinyl fence and was interested in seeing what the process is. <br />Mr. Milhous stated that building permits were denied for a solid board fence and then a 50% <br />open fence. Since they needed to apply for variance, they would like to install a solid fence. <br />Discussion regarding need for distance from the right of way to be included in variance, Mr. <br />Aspery said that the fence would need to comply with the height and openness to be installed <br />closer to the sidewalk. Mr. Mackey asked where the right-of-way ends, Mr. Aspery said the <br />parcel line is the inside edge of the sidewalk. Mr. Papotto added that the house is 10 feet back <br />from the sidewalk. Mr. Gareau said the side yard and rear yard setbacks do not apply to fences. <br />Mr. Allain was concerned about issuing a variance that could allow the owner or future owners <br />to install a fence along the sidewalk. Mr. Gareau pointed out that the side yard setback is not <br />being requested, just the height and openness. Mr. Mackey did not have any issues with the <br />proposal. Mr. Allain believed the requested height was substantiated. He did not think the <br />applicant substantiated the openness request, especially since the applicant said he previously <br />applied for a 50% open fence. Mr. Papotto thought the board on board fence allowed for more <br />openness. He pointed out that a solid fence would be allowed around the rest of the property and <br />thought different fence styles would look odd. Mr. Raig did not like the proposed height. <br />Mr. Allain moved, seconded by Mr. Papotto, to approve the following variances per the <br />plan for 18-12296; Timberous &Brittany Milhous: 4586 Michael Avenue: <br />1. A 42 in. variance for a 6 ft. high fence constructed on a corner lot in the side yard; code <br />requires 30 in., applicant shows 72 in., Section 1135.02(D)(3). <br />2. A variance for a solid board on board fence constructed on a corner lot in the side yard; <br />code requires 50% open; applicant shows solid fence, Section 1135.02(D)(3). <br />Motion denied 0-5. <br />COMMERCIAL APPEALS AND REQUESTS