06/07/2007 Minutes - Laserfiche WebLink

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1. .A 24 square foot variance for a shed larger than code allows, (code permits 120 sq ft, applicant shows 144 sq ft). 2. A 2 foot variance for a shecl higher than code allows, (code permits 91, applicant shows 11'). Which is in violation of Ord. 90-125 section (1135.02 (D1)). T. Kelly seconded, roll call on the motion: N. Sergi, T. Kelly, M. Diver "no" and R. Menser "yes", Variances denied. 2. Raeda Froukh; 24095 Vincent Drive: (WRD # 2) Request for variance (1123.12). The proposal consists of a fence The following variances are requested: 1. A 14 foot variance for a fence located within required setback on a corner lot, (code requires 25', applicant shows 11'). 2. A 42 inch variance for a fence located within required setback higher than code allows, (code permits 30", applicant shows 72"). 3. a variance for a fence less than 50% open within required setback, (code requires 50% open, applicant shows solid). Which is in violation of Ord. 90-125 section (1135.02 (F1)). Mr. Froukh the owner came forward to be sworn in and address the request. Mrs. Diver asked if the applicant understood the 7 factors. Mr. Froukh said he understood and reviewed that since they purchased their home they had trouble with someone knocking on his daughter's bedroom windows and have had to call the police. He and his wife feel the best way to protect their children is to install a privacy fence. The fence would match the rear neighbors white plastic fence. Mrs. Diver questioned if the applicant understood the code requires a minimum of 50 % open and a solid fence is a substantial request. Mr. Froukh said he understood but is concerned for the safety and privacy of his family. Mrs. Sergi felt the property could yield a reasonable return without the variances which are substantial as they are more than double what is allowed. Mr. Menser felt that the character of the neighborhood would be altered and the location of the fence would be detrimental to the neighboring lots. Mrs. Sergi said she noticed pulling into the applicant's neighboring driveway that if the fence is installed as shown it would block the neighbor's visibility and any pedestrians on the sidewalks. Governmental services would not be altered by the request. The owner purchased the property with knowledge of the law. The predicament can and should be precluded by installing the fence to code. The spirit and intent of the codes would not be served by granting the variances. The board needs to look at the safety of not only the applicant but his neighbors as well and the fence as shown is dangerous. Mr. O'Malley advised that the applicant's submittal of documentation pertaining to sex offenders in the area was not substantial evidence for granting variances from the code. The code contemplates a 30 inch high decorative style fence with the intent to have openness on corner lots to ensure visibility. However if the applicant places the fence inward 25 feet then his fence can in fact be 72 inches high with zero visibility just as the south and west sections. Mrs. Sergi advised the applicant that by starting the fence at the south east corner of the home then preceding straight back no variances would be required. Mr. Froukh said he wanted the existing trees inside the fence and all windows on the home blocked from view. Mrs. Sergi and Mrs. Diver both voiced that the safety of the abutting owners and pedestrians would be jeopardized by the proposed fence. Mr. Kelly reiterated that the owner could and should install the fence to code. N. Sergi moved to grant Raeda Froukh of 24095 Vincent Drive his request for variance (1123.12), which consists of a fence and the following variances are granted: 1. A 14 foot variance for a fence located vvithin required setback on a corner lot, (code requires 259, applicant shows 111). 2. A 42 inch variance for a fence located within required setback higher than code allows, (code pertnits 30", applieant shows 7211). 3. a variance for a fence less than 50% open within a-equired setback, (code requires 50% open, applicant shows solid). 2