05/07/2009 Minutes - Laserfiche WebLink

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y . ' Constantine Souris; 5890 Revere Drive: Request for variance (1123.12). The proposal consists of replacing an existing chain link fence with a six foot privacy fence which requires the following variances: 1. A 3.5 foot height variance for a fence higher than code allows within a neighbors 50 foot setback on a corner lot; code permits a 2.5' height and applicant shows 6'. 2. A variance for a fence less than 50% open in a neighbor's 50 foot setback on a corner lot; code requires 50% open and applicant shows solid. Which are in violation of Ord. 90-125 section 1135.02 (fl). Mr. Souris was sworn in and said he works 24 hrs on 48 hrs off and has a large dog which remains outdoors. Although the dog was trained not to jump the 4 foot fence there are numerous children in the neighborhood who play and taunt the dog. The character of the neighborhood would not be altered by the fence. A solid fence is needed to keep the children out of his yard and allow the dog, to be in the yard undisturbed. Governmental services would not be altered by the fence nor would the visibility of vehicle or pedestrian traffic. Until he pulled his permit for the fence he assumed the fence was grandfathered as the chain link fence had been granted a variance. The denseness of the fence is to ensure the children can not stick their hands through the fence and inadvertently be bitten. Mrs. Sergi questioned the type of wooden fence being installed. Mr. Souris said it would be a solid wooden fence with the finished side facing out. Mr. Conway said he had no objections as the fence was being placed 25 feet inward so it would not impede pedestrian or vehicle visibility. Mrs. Diver asked if the owner would agree to the fence being 20% open. Mr. Souris said the solid fence is to ensure children can't see into or put their hands or obj ects through the fence. Ms. Rudolph said the fence height would not really affect the neighborhood but the majority of the area is open, a partially opened fence would fit into the neighborhood. Board members said they did not object to the height of the fence but would like the fence 20% open along Nantucket Drive. Mr. Souris said he would rather keep the fence solid to be consistent throughout. Mrs. Sergi questioned what type of spacing would have to be used to achieve 20% opening. Mr. Conway said fencing planks are 5 inches wide therefore there is very little difference between 50% and 25%. Mr. Souris said the main objective is the safety of the children and dog and asked to be allowed a board on board fence and noted that once the fence was installed the entire yard would be re-landscaped. The board felt a board on board fence would be sufficient. Ms. Rudolph moved, seconded by Mrs. Bellido, to grant Constantine Souris of 5890 Revere Drive the following variances as amended: 1. A 3.5 foot height variance for a 6 foot high fence within a neighbors 50 foot setback on a corner lot. 2. A variance for a fence less than 50% open in a neighbor's 50 foot setback on a corner lot, conditioned upon the fence being installed is a board on board style fence, which was unanimously approved 4-0. Mova Connell-Mcdowell; 3909 Walter Road: Request for variance (1123.12). The proposal consists of the addition of a sunroom along rear home which require the following variance: A 7.3 foot variance for rear yard setback in a residential district; code requires 50', applicant shows 42.7' which is in violation of Ord. 90-125 section 1135.08 (a). 2