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12/17/2009 Minutes
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12/17/2009 Minutes
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N Olmsted Boards & Commissions
Year
2009
Board Name
Board of Building Code Appeals
Document Name
Minutes
Date
12/17/2009
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there are seven photos which are being shown to the board members. He took the photos <br />from both inside looking out and outside looking back so the board could see the debris, <br />woods and view from the apartment garage. Mrs. Reed feels she should be allowed to <br />leave the fence as is. Mr. Reed said the fence as constructed does no harm anyone as <br />there are no neighbors that abut the fence. Mrs. Sabo noted that there were abutting <br />neighbors as the residential apartment complex is the abutting owner. Mr. Reed said no <br />apartment dwellers could see the fence from their apartments due to a garage which was <br />the only structure abutting the fence. Mrs. Sabo questioned how long Mrs. Reed owned <br />her home and she said she owned her home for 50 years. <br />Mr. Mitchell said he did not recommend granting the variance as it would set a <br />precedence. His report included two separate applications both of which had fences <br />installed wrong one by owner the other a contractor and both fences were corrected. A <br />search of street and computer records could find no case record of a variance request to <br />lceep a fence improperly installed. The applicant has the option of installing a finished <br />side along the abutting owners' side or removing every other board and placing them on <br />the opposite side to create a shadow box fence both of which are allowed by code. The <br />owners' application states the total cost of the finished fence is $500.00 so installing a <br />solid side would be less and creating a shadow box would be no additional costs. <br />Mrs. Sabo asked if Mrs. Reed and her grandson knew the fence was installed wrong and <br />aslced if it was Mrs. Reed signature on the homeowner's exception form and Mrs. Reed <br />said yes. Mr. Mitchell reiterated the owners' options for having a good neighbor fence. <br />Mr. Reed said he understood fixing the fence if there were neighbors but it is the back of <br />a garage and debris. Mr. Mitchell said the apartment complex is the owner's neighbor. <br />Mrs. Reed said she is aslcing for a variance to ease her situation which is such that the <br />fence is not visible to any neighbor the closest thing is a garage and a debris field. Mrs. <br />Sabo said the fence was not built to code regardless if the abutting propert,y is an <br />apartment or residential home. Mrs. Reed said if it was a North Olmsted resident behind <br />her it would have met code but it abuts Olmsted Township. Mrs. Sabo advised that it was <br />irrelevant whether the abutting owner is in North Olmsted or not. She noted that she saw <br />soine debris but felt it wouldn't prohibit the owner from installing a solid fence or altering <br />the existing fence to be a shadowbox style. Mrs. Reed aslced if she could malce the other <br />side a shadow box and her side remain as is and Mr. Mitchell said code requires both <br />sides to be the same. Mr. Meder questioned beyond visual aesthetics what issue would <br />the fence create as installed and Mr. Mitchell said allowing a fence to be installed against <br />code sets a precedence for other owners to do the same. Mr. Meder felt the only issue the <br />current applicant's fence created was purely aesthetic. <br />A brief review of the photos in the applicant's camera a discussion as to who installed the <br />rear section of fence and what would and wouldn't bee seen froin the abutting property <br />ensue. An area photo was also used to identify were Mr. Reeds photos were taken from. <br />The installation dates of the conforming fences along both side yards were discussed. <br />Mrs. Sabo said the fact that there are no neighbors does not exclude ownezs from <br />following code which requires the good side of the fence face the neighbors regardless if <br />it is a messy apartment complex outside North Olmsted boundaries. The-applicant sated <br />2
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