05/01/2008 Minutes - Laserfiche WebLink

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Mr. Arth said he would like a 5 foot high fence with 6 inch boards and 1 inch gap to match the fence which will be abutted. Mrs. Diver and Mrs. Sergi felt a 5 foot high fence with 4 inch boards and 2 inch gaps would be reasonable. Mr. Arth said he would like to have consistency throughout his fence by matching abutting neighbor's fences which are 5 feet high with 6 inch boards and 1 inch gaps. He would like to be allowed to match the abutting fences. Mrs. Arth said that they also want privacy which a solid fence would provide. Mr. O'Malley reviewed why zoning codes were established and the 7 factors to take into consideration when granting or denying a variance. Mrs. Sergi suggested that the owner could have a 50% open fence and plant dense evergreens to create the solid buffering which they want. Mrs. Diver said the board could not bargain city zoning laws. Owners know the code to be applied once a permit is applied for and they can follow the code or seek a variance. The board tries to meet the needs of homeowners but they can not take it upon themselves to sit and bargain what is or not acceptable in each neighborhood month after month. Mr. Arth asked the board to consider a 6 inch board with a 4 inch gap. The abutting neighbor owners a city canine police dog and the 6 inch board is what is being used throughout the rest of the yard so there would be consistency. Mrs. Sergi said she would only be open to a 4 inch board with a 2 inch gap and Mrs. Diver voiced her agreement. Mr. Arth agreed to use 4 inch board with a 2 inch gap to receive a variance. Mrs. Sergi moved seconded by Ms. Rudolph, to grant David & Linda Arth of 6257 Brighton Drive a 21 1/Z foot variance for a 5 foot fence less than 50% open within a 25 foot required area on a corner lot which is in violation of section 1135.02 f2 using a 4 inch board with a 2 inch gap which was unanimously approved 5-0. Mrs. Sergi moved seconded by Ms. Rudolph, to grant David & Linda Arth of 6257 Brighton Drive a 30 inch variance for a fence higher than 30 inches in a required setback on a corner lot which is in violation of section 1135.02 fZ using a 4 inch board with a 2 inch gap which was unanimously approved 5-0. Mrs. Sergi moved seconded by Ms. Rudolph, to grant David & Linda Arth of 6257 Brighton Drive a variance for a fence less than 50% open which will be constructed with 4 inch boards with 2 inch gaps in a required setback on a corner lot which is in violation of section 1135.02 fZ and was unanimously approved 5-0. Ms. Rudolph said she would like to encourage the Planning & Design Commission and or Council to look at the corner lot zoning requirements for lots which do not have safety issues as 50% open and 30 inch height restrictions are excessive and may not be necessary. Gerald & Judith Bucklev; 25187 Chase Drive (Ward 2) • A special permit to add to a non-conforming house/building (1165.02). The existing dwelling only has a 38 foot rear yard setback. Request for variance (1123.12). Proposal consists of replacing damaged patio roof with an attached gable roof and the following variance is required: 1. A 24 foot rear yard setback variance for a residence too close to rear property line, code requires 50' applicant shows 26' which is in violation of section 1135.08 (a). Mr. Buckley the owner, Mr. Konanec owner of K W K Construction Company, and Mr. Groden the neighbor each were present to be sworn in and address the request. Mr. Konanec said he is replacing the existing roof which was destroyed over winter by excessive snowfall. The new roof to be constructed will be stick gable construction over a 10' x 20' existing slab which was covered by the prior system. Mrs. Sergi asked if the roof which was being replaced was the same size as 3