11/02/2006 Minutes - Laserfiche WebLink

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The Board felt that even if the special permit is granted area variances are required so variance within variances would have to be granted. Mr. O'Malley reviewed for the board and applicants that under chapter 1165.02 section B 1& 2 A nonconforming building shall not be altered, added to or enlarged unless the additions and original buildings are made to conform to the setback, yard coverage and height of the district in which it is located, except: (1) A nonconforming building may be altered, modernized or enlarged provided that the alterations and enlargements conform to all of the setback, yard coverage and height regulations and upon the issuance of a special permit of the Zoning Board of Appeals as provided in Section 1123.11. (2) A nonconforming dwelling may be altered, modernized or enlarged provided the alterations and enlargements conform to all the yard regulations and setback requirements. N. Sergi moved to grant Joe & Vicki Mate of 23281 Marion Rd their request for a special permit to add to a non-conforming building, which is in violation of section (1165.02). T. Kelly seconded the motion, which was unanimously denied. Permit Denied Mr. O'Malley advised that without the special permit the remaining area variances are mute. 2. Dale.& Pamela Masola; 27649 Marquette Blvd: (WRD # 1) Request for variance (1123.12). The proposal consists of a new fence installed without a permit. The following variances are requested: 1. A 34 foot variance for a 6' privacy fence located in neighbors 50' setback on a corner lot; (code requires 50', applicant shows 16'). . 2. A 42 inch variance for fence higher than code allows on a corner lot, (code permits 30", applicant shaws 72"). 3. A variance for a fence within neighbors 50' setback less than 50% open, (code requires 50% open, applicant shows solid). Which is in violation of Ord. 90-125 section; (1135.02 (f2)). Mr. Masola the owner came forward to be sworn in and address the request. Mr. Masola reviewed that he had a fence which needed to be replaced so he hired a contractor to replace the fence with a privacy fence and he was not aware that the contractor did not pull a permit prior to constructing the fence. After the fence was completed he was advised that the fence was not allowed by code. Along the back of his yard there are 5, 18-foot bushes and a tree on the corner and from the neighbors home the fence will not be visible. If he were to place the fence to code the fence would be in the middle of his backyard. The fence was constructed well and the neighbors he has spoken to have no objections to the fence. Although the street is a dead-end street there is heavy traffic. He suggested that he called city and he was only advised to call OOPS and advised that if he had had not heard from the city within a few days the work could be started. Mr. Burke asked if the owner spoke to the contractor since the work was completed to find out why a permit was not pulled. Mr. Masola suggested that the contractor said he did not know he was to pull a permit prior to installing the fence. Mr. Burke reviewed that not knowing the code and coming in for a variance after the fact is not a hardship or a reason to grant applicants variances. Board members reviewed the applicants' application which states the fence is a picket fence however the fence is clearly not a picket fence. The variances required are substantial and the applicant has yet to show a hardship. The board questioned if the applicant would be willing to cut the height down and possibly remove every other board to open it up. Members suggested decreasing the height of the fence and alternating fence panels to be closer to 50% open as the request as written is substantial. Mr. Masola stated he was not open to a shorter fence 50% open as he would have no privacy and would have to repay for the work. J. Maloney moved to approve Dale & Pamela Masola of 27649 Marquette Blvd their request for variance (1123.12), which consists of a new fence installed without a permit and the following variances are granted: 3