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Ms. Rudolph moved, seconded by Mrs. Diver, to grant William Kraley of 4302 Porter Road an 18 inch height variance for a fence 8 feet off the sidewalk higher than code allows in the front setbaclc provided the spiked tops are replaced; code permits 30", applicant shows 4811, section 1135.02(f)(1) which was approved 4-0. Michael Nelko; 4121 Laurell Lane: Request for variance; proposal consists of a new fence and the following variances are requested: 1. A 42 inch variance for a 6 foot fence located with in a 25 foot setbaclc of a corner lot; code allows; code permits 30", applicant shows 72", section 1135.02(f)(2). 2. A variance for a fence less than 50% open in a 25' setback of a corner lot; code requires 50% open, applicant shows 0% open, section 1135.02(fl(1). Michael Nelko and Lindsey Ott were sworn in. Mr. Nelko said he would lilce to have the yard fenced in for their dog and his intent is to match the neighbor's fence both in style, composition and line of site for placement. Ms. Rudolph asked how far from the sidewallc the fence would be and Mr. Nellco said the fence line would follow the neighbor's existing fence. Mr. Mitchell said the rear neighbor has a fence which is two feet from the sidewallc which was granted a variance. Mrs. Diver said she was against the fence as it is too high and less than 50% open and would give the appearance of being a stockade fence. Mr. Mitchell would like the fence height to be the same as his neighbors' but he would like the wooden fence to be a shadow box style so it is not just a solid wall. Mr. Nellco agreed to install a 5 foot wooden shadow box fence as requested. Mr. Mitchell asked where the gate would be installed and Mr. Nelko said that it would be installed on the south side of the house. All board members said they had no objections to the request if the applicant agreed to install the recommended 5 foot wooden shadow box fence 2 feet in from the sidewalk following the neighbor's fence line. Ms. Rudolph moved, seconded by Mrs. Bellido, to grant Michael Nelko of 4121 Laurell Lane a 30 inch height variance for a 5 foot wooden shadow box fence located 2 feet off the sidewalk which is within the 25 foot setback of a corner lot; code permits 3011, applicant shows 60", section 1135.02(f)(2), which was approved 4-0. NON RESIDENTIAL APPEALS AND REQUESTS WEA Great Northern Mall, LLC; 4954 Great Northern Mall: Request for an extension of time from August 6, 2009 approval date. Code states ruling, determination or order of BZA expire one year from the effective date of such ruling, determination or order, Section 1123.15. Kurt Reddick with Westfield Great Northern was sworn in and Tony Vcanti, attorney for the applicant, was present. Mr. Vcanti said his client was seelcing an extension of time on the variances which were previously granted. Mr. Reddick said that the variances were granted for a specific development which they are still committed to bringing about; however, due to economic reasons they need additional time to finish the project. Ms. Diver asked if the proposed tenant was still the same. Mr. Reddick said that the development plan had not changed from when it was presented. Mr. Vcanti said that the variances were granted based on the uniqueness of the site and the hardships it created and not possible tenants. 2