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<br />shed which loolced to be at least 5-feet from the rear property line. Mr. O'Malley advised the <br />board that they were within their right to place conditions on approval if they wanted the <br />applicant to remove sections of the sideline fence. <br />Mr. & Mrs. Bacilc neighbors were present and suggested that there were no children living in the <br />condos and the fence was not damaged nor were there a lot of dog owners. They are against the <br />height of the fence and feel that if the variance is granted it would set precedence for other <br />owners along Barton Road to start installing fences. It was suggested that some of the Condo <br />owners were also against the existing sections of the sideyard board on board fence as well. Mr. <br />Smith advised that he would not be installing the fence if the condo owners would have properly <br />built the fence or at least the section abutting his yard but he is concerned for the safety of the <br />neighbors and his dogs. Mr. Bacik reviewed with Mr. Smith the location and site plan and said <br />he thought the fence would be touching the condos fence. A brief discussion regarding the <br />sideline fences ensued and the applicant was advised that utility workers would have to have <br />access to the area regardless of the fence being allowed by code. <br />1dI.:Conway moved to grant James Smith of 5534 Barton Road his request which consists of <br />erecting a privacy fence and the following variance is granted as amended: A variance to <br />install a 61 foot section of privacy fence along neighbors existing 4-foot high fence, which is <br />in violation of section (1369.03 (a 3)). The fence is to be a minimum of 5-foot in from rear <br />property line or be in line with the rear wall of the owners shed. The fence will have a gate <br />wide enough to accommodate access for a lawnmower. The fence will abut up to either <br />rear sidewall of the owners shed. The diagram will be corrected to show the fence placed to <br />the Building Departments satisfaction. N. Althen secondecl the motion which was <br />unanfmously approved. <br />VI. COMMIJNICATION: <br />• Building Department reports for January, February and March <br />V. EIDJOURNMENT: <br />With no further business pending acting Chair N. Althen adjourned the meeting at 6:25 pm <br />N <br />Vice Chair <br />??"/&-51 ; <br />Donna RoeI"erk of <br />2