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1_ <br />BOARD OF ZONING APPEALS <br />CITY OF NORTH OLM5TED <br />MINUTES OF OCTOBER 14, 2010 <br />ROLL CALL <br />Ms. Sergi called the meeting to order at 7:40 p.m. in Council's Caucus room. <br />Present: Nancy Sergi, Maureen Diver, Jennifer Rudolph, Laura Bellido, Alfredo Lopez <br />Staff: Law Director Michael Gareau Jr., Planning & Development Director Kimberly <br />Wenger, Building Commissioner Dale Mitchell, Clerk of Commissions Donna Rote <br />REVIEW AND CORRECTION OF MINUTES <br />Ms. Rudolph moved, seconded by Mrs. Bellido, to approve the minutes of September 2, <br />2010 was approved 5-0. <br />RESIDENTIAL APPEALS AND REQUESTS <br />David Perez; 5875 Gareau Drive: <br />Request for variance. Proposal consists of an arbor; the following variance is requested: <br />1. A 3 foot 6 inch variance for height of fence within the front yard setback; code permits 2 feet <br />6 inches, applicant shows 6 feet, section 1135.02(f)(1). <br />Mr. and Mrs. Perez and Dave Campbell were sworn in. Mr. Perez passed out a picture of what <br />he was trying to achieve and noted that the bottom section of the fence met code only the <br />columns and top section didn't. The area between the fencing and the top is more than 50% <br />open. Mr. Campbell said he is concerned that visibility will be obstructed by the structure. He <br />aslced if the unit could be moved in from the sidewalk as he is concerned that vehicles leaving his <br />driveway will be visually impeded. Mr. Perez disagreed as the arbor is more than 75% open but <br />would remove a section if needed. Mr. Mitchell reviewed that a fence permit was issued and <br />upon inspection the arbor was cited as it doesn't meet code. He is concerned plants will be <br />grown on the structure dense enough to impede the neighbor's visibility. Mr. Perez asked if he <br />was allowed 7 foot evergreens and the building official said evergreens are allowed however if <br />there is a question of safety the police would be asked to make a determination. The majority of <br />members felt the arbor would change the character of the neighborhood and possibility create a <br />safety issue. Ms. Rudolph felt the columns did not impeded visibility. Mr. Mitchell advised if <br />the top section of the arbor was removed the fence met code. <br />Ms. Rudolph moved, seconded by Mr. Lopez, to grant David Perez of 5875 Gareau Drive a <br />3 foot 6 inch variance for height of fence within the front yard setback; code permits 2 feet <br />6 inches, applicant shows 6 feet, section 1135.02(f)(1). Roll call: Sergi, Bellido, Diver, Lopez <br />- no; Rudolph - yes; motion failed 1-4. <br />Daniel & Karen Carson; 5639 Porter Road: <br />Request for variance. Proposal consists of a parlcing a commercial vehicle in driveway; the <br />following variances are requested: