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10/02/2008 Minutes
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10/02/2008 Minutes
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N Olmsted Boards & Commissions
Year
2008
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
10/2/2008
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felt the rear/back fence being 50% open would not be an issue but placing a fence outside the <br />trees would block visibility. She would be open to the fence if the fence was behind the trees <br />and angled at the corner. Ms. Rudolph felt the board should determine were they wanted the <br />fence placed, she felt placing the fence 3 feet inwaxd from the sidewalk would be acceptable. A <br />brief discussion ensued pertaining to requiring the owner to angle the sideyard rear corner of the <br />fence or not. The majority of inembers felt angling the sideyard rear corner was not needed. <br />Requiring the fence to be placed 3 feet off the sidewalk would be sufficient. <br />Mr. Mitchell suggested requesting the fence be placed 6 feet off the sidewalk which would <br />provide clearer visibility. Mrs. Salis said that if she placed a fence 6 feet off the sidewalk it <br />would require all the trees be removed as they are 6 feet off the sidewalk. She would not object <br />to placing her fence 3 feet off the sidewalk but any more than that would impede the use of her <br />own yard, cause the trees to be removed and angling the corner would not make a difference. <br />She does not believe that a fence would be a detriment to the neighbor or vehicles going around <br />the tuin. Depending on what the board would allow will determine whether or not she even <br />installs a fence or not. Mrs. Diver said she recalled the fence installer saying he would malce <br />sure the corner area was lower. Most board members felt requiring a 6 foot setback was too <br />much and a 3 foot restriction without angling the corner would be sufficient. <br />Mrs. Diver moved, seconded by Mrs. Sergi to grant Kathleen Salis of 27511 Marquette <br />Blvd her request for variance (1123.12) which consists of a fence and the following variance <br />is granted as amended: An 18 inch variance for a fence within a neighbor's 50 foot setback <br />on a corner lot, code permits 3011, applicant shows 48". Conditioned upon the fence being <br />installed a minimum of 3 feet inward from the sidewalk which is in violation of Ord. 90-125 <br />section 1135.02 (Fl). Roll call on the motion Diver, Bellido, Rudolph,lVlenser yes, Sergi no, <br />variance granted 4-1. Mrs. Sergi said her no vote was based on her belief placing a fence so <br />close to the sidewallc would create safety hazards. <br />Kenneth Hu2hes; 4334 Canterbury Road <br />Request for variance (1123.12). The proposal consists of a fence <br />The following variances are requested: <br />l. An 18 inch variance for a fence higher than 30" in 50' front setbaclc code permits 30", <br />applicant shows 48". <br />2. A variance for a fence less than 50% open in 50' setbaclc code requires 50% open, applicant <br />shows 0% open. <br />Which is in violation of Ord. 90-125 section 1135.02 fl. <br />Mr. Hughes the homeowner caine forward to be sworn in and address his request. He is <br />requesting to be allowed to match the fence along the other side of his yard. The fence will start <br />three feet inward from the sidewalk and start off 3 feet tall and gradually taper up to be 4 feet tall <br />at 14 feet from the sidewallc. The fence will be 4 inch boards with 2 inch spaces between the <br />boards so it is not zero percent open. He worked with his neighbor to ensure visibility would not <br />be a factor. He had an area roped off in his yard but the rope did not represent the placement of <br />the fence it was to ensure he would not damage his trees. Ms. Rudolph thought the openness <br />percentage would be about 25% which is less than 50% open. Mr. O'Malley advised that the <br />board should follow the building department calculations as written. <br />Mr. Menser and Ms. Rudolph voiced that when first visiting the site they thought the roped off <br />area was where the fence would start but after hearing the owner's presentation they better <br />understand what is being requested and their concerns were answered. They did not object to the <br />fence being 25% open as it matched the existing fence along the other side of the home. Ms. <br />2
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