05/01/2003 Minutes - Laserfiche WebLink

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7). David & Karen Bir, 27868 Southern Ave. WRD 3 Request for variance (1123.12). The proposal consists of 4' and 6' board on board fence. The following variance is requested: 1. A 15.4 foot variance for 71 feet of 4' board on board fence in front yard, (code requires 18.4', applicant shows 3.4'), section (1135.02 (f)(1)). 2. A 50% variance for 71 feet of 4' board on board fence, (code requires 50% applicant shows 0%), section (1135.02 (f)(1)). 3. An 18 inch height variance for 71 feet of 4' board on board fence, (code requires 30" height, applicant shows 48" height, section (1135.02 (fl(1)). 4. A 6 foot variance for 6 feet of 6 foot board on board fence, (code requires 18.4', applicant shows 12.4', section (1135.02 (f)(2)). 5. A 50% variance for 6 feet of 6 foot board on board fence, (code requires 50%, applicant shows 0%, section (1135.02 (fl(1)). 6. A 42 inch height variance for 6 feet of 6 foot board on board fence, (code requires 30" ht., applicant shows 72" ht., section (1135.02 (fl(1)). Which is in violation of Ord. 90-125 sections (1135.02 (f) (1)) and (1135.02 (f) (2)). Chairman Maloney called all interested parties forward. David and Karen Bir came forward to be sworn in and address the request. Mr. Bir said the reason for the fence is for the safety of their child and their dog. There are a lot of cars going up and down their street and they go quite fast. He said it was brought to his attention that some of the measurements are wrong so he has some different measurements. In the end, it is the same as far as where they are going with the fence. Mr. Kremzar asked for the new dimensions. Mr. Bir said the fence he has now is actually a 5 foot fence. Mr. Kremzar asked how far in from the sidewalk the fence will be. Mrs. Bir indicated it will be the same, 3 feet. W. Kremzar asked if a portion of the fence will be staying. Mr. Bir said he would like to replace it all because there is some warping. Mr. Kremzar asked Mr. Rymarczyk if the applicant takes the fence down and there is a chain link fence there, will they be able to put up another fence. Mr. Rymarczyk replied no they could not, unless they receive a variance from the Board of Building Code of Appeals. Mrs. Bir asked if they could repair it. Mr. Rymarczyk said it could be repaired but tfiey cannot take down a fence and put another one up. Mrs. Sergi pointed out the neighbors just got their fence a couple of years ago. Mr. Rymarczyk pointed out the code changed within that period and the neighbor beat it out and was able to put it up without a variance. Mr. Maloney asked if, in the interest of safety, they could angle the fence out. He said they will want to see any youngsters when they are backing out of their driveway. He suggested it be angled from the gate area out, about 5 feet from the flowerbed. Mr. Bir indicated they could do that. Mrs. Sergi asked if they re-measured an area by the trees. Mr. Bir indicated it was measured and is 30 feet. They referred to the plans to clarify where the trees are and the height of the fence. The board members discussed where the fence will be angled and the height differences. Mrs. Sergi asked if there is enough room. W. Maloney said the sight line should be ok. There was discussion about the flowers and their height. Mrs. Sergi said with children on the sidewalk and with the driveway there, she is concerned about safety. She said when she visited the site, there was a little girl on the sidewalk and if she was backing out of the driveway she would not have seen the little girl if there was a fence there. She added there are homes on Decker with a fence 10 feet in from the sidewalk. Mrs. Bir indicated there are also homes with fences 2 feet offthe sidewalk. She said with seeing that, they thought they would be able to do this. Mrs. Sergi asked about the gate and its dimensions. W. Bir confirmed it is at 13 feet. It would actually be 16 1/2 feet from the sidewalk. There was further discussion about how to angle the driveway. W. Maloney clarified the fence should be angled from a point at the gate to 5 feet from the flowerbed. Mrs. Sergi said they would be 7 feet off the driveway. Mr. Bir confirmed that. Mr. Maloney said they need to go 5 feet from the front corner so they have a good sight line. There was discussion about the traffic on the street. Mr. Rymarczyk said the variances would have to be changed. The first request is for 15.4 and since the fence is moving back 5 feet off the sidewalk, it will be reduced to 13.4. He said item two on the write up, 50% open, if the board is granting a board on board, they still need a variance. Item three, the 18 inch height variance, will still be required. Item four, instead of 6 feet it will be a 5 foot high fence. Item 5 5