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Zart said the shed placement would not impede water flow. She would move the shed so it does <br />not need the variance for the rear yard setback. She did not want to make the yard feel smaller <br />with a solid wood fence and the proposed fence would look better than a chain link fence: Mr. <br />Russell stated that the Building Department opposes the proposal and the Engineering <br />Department opposes building the shed in the easement. Mr. Aspery stated that the Planning <br />Department agreed that the shed should not be permitted to be installed in the stormwater <br />easement. He believed the applicant should either seek to meet the fence requirements for the <br />fence located in the easement or propose an alternative plan that meets Engineering's <br />requirements for adequate drainage. Ms. Zart stated that the fence would be 11 feet off of the <br />property line so it would not be in the sewer easement that is 10 feet off of the property line. Mr. <br />Papotto said the fence and shed would be built over the sewer easement and if they needed <br />access, the entire structure would have to be taken down. Mr.' Raig said the shed could be built <br />on the property where it is not in an easement and he was not in favor of the fence variances. <br />Mr. Allain moved, seconded by Mr. Papotto, to approve the following variances as <br />amended for 18-11487; Sabrina Zart; 28165 Gardenia Drive: <br />2. A variance for an accessory structure located in an easement and drainage swale; code <br />does not allow accessory structures in recorded easements or in a manner than hinders <br />the free flow of storm water, applicant shows an accessory structure in a storm sewer <br />easement and drainage swale; Section 1135.02(C)(6). <br />3. A variance for a fence that is not identified as a permitted fence type; Section 1369.02. <br />4. A variance for a fence that has exposed posts on both sides; Section 1369.04(c). <br />Motion denied 0-4. <br />18-11523; Tim & Rochelle Martin; 25197 Deerfield Drive <br />Representatives: Timothy Martin, owner <br />Proposal consists of a fence on a corner lot. Property is zoned C-One Family Residence. <br />The following variance is requested: <br />1. A variance for opacity and height of a corner lot fence; code permits a fence that is at least <br />50% open and that does not exceed 30 inches in height in the side and rear yards at the street <br />line of a corner lot; applicant shows a solid fence 5 feet high in the side and rear yards of a <br />corner lot; Section 1135.02(D)(3). <br />Note: Setback of the fence from the street line cannot be determined from the submission. <br />Mr. Aspery said the applicant is proposing to install a five foot high board-on-board fence in <br />their side and rear yard. Setback distances were not clear in the initial submittal, so the applicant <br />will need to confirm the setback from Dawn Drive, as code currently requires a minimum <br />setback distance of 20 feet. Mr. Martin stated that a fence would not impair anyone's view due to <br />the shape of the property. Mr. Aspery reviewed the code section and stated that the Engineering <br />Department would not oppose the fence in the easement as long as a gate is installed. Discussion <br />regarding the code requirements for fence setbacks on a corner lot. Mr. O'Malley stated the <br />height and openness does not go against the code but the setback is unable to be determined. Mr. <br />Martin stated that the fence would be installed two feet inside the sidewalk. Mr. Papotto asked <br />about the tree on the property, Mr. Martin said it is on his property but is in the easement. Mr. <br />Martin stated that the fence would be installed inside the tree. The gate would be installed to <br />provide access to the easement if needed. The applicant has three dogs and the fence would be