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there now is not really functional because animals run in and out and under it. It is completely different from the fences that run the entire length of the street. He mentioned he took a year and a half to try to find someone to match that fence. He said what is there now looks terrible. Mr. Engoglia asked Mr. Wright to confirm what he wants to do because he thinks the board should try to accommodate him. Mr. Wright said he would like to put up the same type of basket weave fence that ties in to the neighbor on the other side and across the back. Mr. Engoglia said what he is proposing is putting a basket weave fence there in front of the white picket fence. Mr. Wright indicated that is correct. Mr. Puzzitiello asked if he would consider shrubs. Mr. Wright mentioned the problem with animals that he and his neighbor have. Mr. Engoglia asked if Mr. D. Conway had any ideas or suggestions. Mr. D. Conway said in a case like this the resident deserves some kind of relief. His only concern is how he will maintain the fence. Mr. Engoglia again said they would like to accommodate Mr. Wright if they can but they don't want to create a problem for North Olmsted. Mr. Klesta said that given the circumstances, since he is looking to match the fence in the neighborhood and the lady on Bentley has an open, white picket fence, it would not be that difficult to maintain the fence. He said the white fence is open and spread out so it's not tight. Mr. Althen asked about what the woman with the picket fence would have to look at now if Mr. Wright puts up a fence. Mr. Puzzitiello said this may create a problem down the road. Mr. O'Malley pointed out that the board's determination is on a case by case basis. The board has jurisdiction to grant the relief that is being requested when it determines that the relief is in order under the standards in the code, and the spirit and intent of the code when a manifest injustice would be accomplished by the strict enforcement of the code. The neighbor, if she was inclined to complain or protest, has every right to do so right here and right now. He pointed out this is the second meeting and she has not appeared. W. Engoglia asked if they would be setting a precedent by allowing the applicant to do something that is really against code this one time. Mr. O'Malley said they would not be setting a precedent. It is the board's function to consider whether or not a variance from the strict application of the code should be granted. Mr. Engoglia said he would like to accommodate the applicant if the board sees fit to do so. Mr. Althen asked about the neighbor to the north and whether or not he decided to go ahead with the basket weave throughout his backyard. Mr. Klesta asked Mr. Wright if that is the neighbor's intent. Mr. Wright said he believes so and the neighbor would have to file for a variance also. Mr. Engoglia asked for clarification on the neighbor's intent. Mr. Wright said it is to do the same thing and use the basket weave fence. W. M. Conway said that considering what Mr. O'Malley said, the board is within its right under this special set of circumstances to accommodate the applicant. M. Conway made a motion to grant John & Martha Wright, 4327 Coe Ave., their request for variance. Proposal consists of a fence. Applicant requests a variance to be allowed to erect a fence along a common property line on which there is an existing fence. Which is in violation of section, (1369.03 (a-3) ). Mr. Conway noted that the motion is made under a special set of circumstances in which the board is trying to accommodate the applicant. He said the board can make a motion to allow the basket weave fence. P. Engoglia seconded the motion provided there is no objection from other members of the board. Mr. Althen indicated he does not have a problem with it but he knows they may be discussing the issue with the neighbor next month. Mr. Wright pointed out the neighbor went to the Office of Commissions and said she had no objections. The motion was unanimously approved. Variance Granted. - ADJOLIRNMENT: R. Klesta made a motion to adjourn at 5:45 p.m. The motion was seconded by P. Engoglia and unanimously approved. 1 Ci /o z- y PuzziAello Z-1,1 Date ` I Asst. Clerk of Crommissions, Annie Kilbane 2