12/16/2010 Minutes - Laserfiche WebLink

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BOARD OF BUILDING CODE Al'PEALS CITY OF NORTH OLMSTED 1VIINUTES OF DECEIVIBER 16, 2010 ROLL CALL The meeting was called to order at 5:35 p.m. in Council Chambers. Present: Donna Sabo, Norman Althen, Dan Jarachovic Absent: Robert Lipcsey, BJ Meder Staff: Assistant Law Director Bryan O'Malley, Building Commissioner Dale Mitchell, Clerk of Commissions Donna Rote REVIEW AND CORRECTION OF 1VIINUTES Mr. Jarachovic moved, seconded by Mr. Althen, to approve the Board of Building Code Appeals minutes of October 21, 2010, which was approved 3-0. OLD BUSINESS Brittnev Trapp; 4097 Shelley Drive Proposal consists of fence installation. Request consists of a variance for a 65-foot section of fence to be installed along rear property line; applicant shows fencing along a property line where neighbor's fencing already exists, code does not permit, Section 1369.03(a)(3). Note: BBCA tabled 10/21/10. Mr. Trapp was sworn in and said the situation had not changed, the fence was installed by the contractor and the neighbor changed his mind about allowing his fence to be removed. There is enough area between the fences to be maintained and there is an electrical easement between the properties which prohibits the fences from being connected. Photos were submitted showing the rear and front gates which were installed in the fence. Mrs. Sabo read the contractor's email stating that he understood the fence was going to be removed but after his client's fence was installed the neighbor changed his mind. Mr. Mitchell said the photos were similar to prior photos submitted. The building department allowed the fence to be installed as the contractor faxed a note stating the other fence would be removed. Since the last meeting he spoke with the contractor who said he again offered to remove the neighbor's fence for him and the neighbor declined. Mr. Mitchell said prior to the construction a site inspection was conducted and the rails had been removed from the fence which is why the permit was issued. Mr. Althen asked if the neighbor ever submitted a letter stating he would allow the fence to be removed and Mr. Mitchell said no. Mr. O'Malley reviewed the manner in which the board should address the matter before them. It was noted that the building official was within his right to sanction the contractor for misrepresentation as well as the ability to create a system to ensure a written statement by the owner having a fence removed acknowledges the fence is being removed. Mr. Mitchell said due to the current circumstance his department would require written statements from both homeowners