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06/02/2005 Minutes
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06/02/2005 Minutes
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N Olmsted Boards & Commissions
Year
2005
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
6/2/2005
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2. An 18 inch variance for a fence higher than code allows, located in a required front <br />setback, (code pernuts 30", applicant shows 48"), section (1135.02 (F1)). <br />3. A variance for a fence Iocated within required side setback on a corner Iot, (code does not <br />permit, applicant shows a fence), section (1135.02 (F2)). <br />4. A variance for a fence within required front side yard setback less than 50% open, (code <br />requires 50% open, applicant shows less than 50%), section (1135.02 (Fl)). <br />Which is in violation of 90-125, Section (1135.02 (Fl)) and (1135.02 (F2)). <br />Mr. Tepper the owner came forward to be sworn in and address the request. Mr. Tepper <br />indicated that they would like to replace the existing chain link fence. He believes that the <br />fence will be 50% open. Mr. Rymarczyk indicated that an additional variance was required if <br />it is not 50% or more open, if it is variance #4 can be eliminated. Mrs. Sergi questioned why a <br />fence was needed. Mr. Tepper indicated that the existing chain Iink fence was rusry and un- <br />safe. Placing the fence in accordance with today's codes would place the fence in the middle of <br />his yard. The rear of his property has a section of woods and there is a busy side street which <br />he wouid like to protect his children from. Mrs. Diver believed that the fence should not be so <br />close to the sidewalk. Mr. Maloney suggested placing the fence 3 feet in off the sidewalk. <br />Mrs. Sergi felt tha.t the layout of the home was such that there would be a side yazd even with a <br />fence as the Iayout of the home was not as it seemed. Mr. Tepper believed that a 4 foot fence <br />was needed to keep the dog and children in the yard and strangers out. <br />J. Maloney moved to grant Allen Tepper of 4512 Azalea Lane Lis reqnest far varianice <br />(1123.12), which consists of replacing ezisting fedce and that the following variances are <br />granted as amended: <br />1. A 47 foot variance for a fence located within neighbors required setback on a corner <br />lot, (code requires 50', applicant 3'), section (1135.02 (F2)). <br />2. An 18 inch variance for a fence lugher than code allows, located in a reqnired front <br />setback, (code permits 30", applicant shows 48"), section (1135.02 (Fl)). <br />3. A variance for a fence located within required side setback on a corner lot, (code does <br />not permit, applicant shows a fence), section (1135.02 (FZ)). <br />Which is in violation of 90-125, Section (1135.02 (Fl)) and (1135.02 (F2)). W. Kremzar <br />seconded fhe motion, which was unanimously approvea. <br />4. Manoi Parikh; 24944 Deerfield Drive: (WRD 2)1 <br />Request for variarace (1123.12). The proposal consists of a.n addition. <br />The following variances are requested: <br />• A speeial permit to add to a non-conforming building (1165.02). Note: The existing reaz <br />setback is only 45', code requires 50'. <br />l.. A 28 foot variance for a residence too close to rear property Iine, (code requires 50', <br />appIicant shows 22'). <br />Which is in violation of 90-125, Section (1135.08 (A)). <br />Tbe clerk advised that she did not give proper notification to three abutting neighbors. <br />Aithough two of the three abutting neighbors were present the clerk could not reach the third <br />neighbor via the phone. ThePefore, the I.aw Department ruled that the proposal could not be <br />addressed. <br />J. Malaney moved to table 1VIanoj Parikh of 24944 Deerfield Drive until meeting nezt N. <br />Sergi seconded the motion, which was unanimously approved. <br />3of15
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