09/02/1999 Minutes - Laserfiche WebLink

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Obviously if it adversely impacts the gabion baskets Ms. Hopson put in, something would have to be i.Q resolved so that he would not impact or cause problems relative to erosion. The issues before this board tonight don't deal with that and the discussion is getting off track, the board understands all the problems the residents have. 1VIs. Hopson suggested the corner of Mr. Moyse's proposed house is in the flood zone. Mr. Gareau indicated that it was not a question of being in the flood zone, as the applicant can build in the flood way. To resolve those issue the lot is deep enough that the applicant can move the home back further on the lot to resblve that issue. If the issue here is because the lot width is small and there is an uncomfortable feeling about building a home on the lot, that is not an appropriate criterion. Mr. Conway indicated that he would like to have a discussion relative to the bridge. He is ruling that because it is an above grade structure in the front yard setback, it violates the Cities SOfoot setback requirement. That is something that will have to be added to the variance request this evening. Mr. Gareau indicated that he would have to think about that decision because the bridge would not be too much different from a driveway. It wouldn't be that much of a difference, but if there is a ditch that needs to be crossed to get to your house and you can't put iu a pipe, then the only alternative is to put in a bridge. Mr. Conway indicated that the reason he differentiates is because of the elevation, as it has to be a foot and a half off the ground to get it over the flood way. Mr. Gareau questioned if Mr. Conway's ruling was anything that is above grade constitutes a structure. Mr. Conway commented that a bridge is a structure, there is no doubt about that. Mrs. Hopson questioned how she would pull out of her driveway if there were a wood fence blocking her view. Mr. Gareau uidicated that there were zoning codes that deal with issues of blocking visibility. Mr. Conway indicated that no plans had been submitted regarding what the bridge would look like, or if there would be railing on the bridge or not. He can only assume that there will be some type of fencing attached to the bridge as people will be wallcing across, so there will need to be some type of railing for safety purposes. Councilman, Nashar indicated that he would like to request that the engineering department look at the proposal to see if it would merit this proposal as far as construction purposes, and also the building departrnent. Mr. Conway indicated that, that would be done as a matter of form. The applicant has to submit engineer drawings prepared by a registered engineer from the state of Ohio to both himself and the Engineer. Mr. Maloney indicated that he would like to add that if a bridge were built it would be subject to the Engineering and Building Departxnent, that it be fenced for safety for children. So if some child riding a bike or walking on the bridge won't fall into the creek. Those considerations should be taken into account. Mr. Czuchran indicated that the distance the house is being setback is out of caricature of all the other homes and only being 3feet off the sideyard line is not enough, he wouldn't want a house that close to his yard. Mr. Maloney asked if there were any further comments from the board, if not he would entertain a motion. Mr. Kobema commented that he was concerned about the bridge. He indicated that he had been in construction for 32 years and he doesn't see how the applicant is not going to disturb the bank of the creek without taking it to one side or the other. Mr. Nloyse suggested that the virgin ground there is at an elevation of about 7, 70 and the flood level set by Fema on a hundred-year storm. Mr. Koberna indicated that Mr. Moyse was missing his point. At the point closest to the sidewalk Mr. Moyse would have to sink a pile or a caisson or whatever 4 feet, and to him the bridge can't go there, it may be able to go to the right side of the culvert. Mr. Moyse indicated that he had an Engineer at the site earlier that day. He suggested that he has been in contact with the Building and Engineering Departments and found out the way things have to go. They told him before he could do anything he would have to have a State Certified Engineer, and Y.hese guys are guys that go to school forever. To make a long story short, because of the time element involved in getting ready for this meeting tonight, as he was told he couldn't go with a culvert just last week. He hired an Engineer and he came out today and said piece of cake there is nothing to this, he sent him a sketch today with rails, state certified here is his stamp, he will do full engineering drawings. He went to school for this, and this has been his profession, the guy is 78 years old. Mr. Kobema indicated that there were quite a few residents present tonight and he is trying to voice some of their concems as well as his own. It is the concern of the residents as well as his that if the bank is disturb the creek may flood. He is trying to point out that in the location shown on the planes for the bridge it looks to him like it may disturb the bank, which is his point. Councilman Nashar commented that he agreed with Mr. Koberna. Mr. Konold indicated that he didn't feel the board could go any further tonight, the applicant is doing the proper thing by getting a Certified 4