09/09/2004 Minutes - Laserfiche WebLink

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provides for fences not to exceed 6-feet in height placed along any side or rear property line providing it does not extend into the street line of the front building line. Therefore there are restrictions on coriier lots which are established by code. The applicant is showing the board that due to the restriction of the code he needs relief from the code regarding that setback. Otherwise the applicant will end up with a fence down the center of his backyard. Whether the fence comes out to the sidewalk or to a lesser amount, the amount of relief as far as side yard there is some justification. 3-feet over 5-feet height or 30% over 50% open those are issues which is the burden of the applicant. The applicant indicated that a 30 inch fence would not secure his dog in the yard as he could walk over the fence at 30 inches. N. Sergi moved to gi•ant Christopher & Valerie Kaminski of 27932 Wisteria Drive their request for variance (1123.12), which consists of a new fence and that the following variances are granted: 1. A 48 foot variance for a fence erected in a neighbors front setback on a corner lot, (code permits 0, an(i applicant shows 48'), section (1135.02 (F2)). Note #1 2. A 30 inch variance for 164 feet of fence higher than 30 inches in neighbors 50' front setback, (code permits 30", and applicant shows 60"), section (1135.02 (Fl)). 3. A variance foe• 164 ft of fence less than 50% open in a neighbors 50' setback, (code requires 50% open and applicant shows 0%), section (1135.02 (Fl)). Which is in violation of Ord. 90-125 section (1135.02 (Fl)) &(1135.Q2 (F2)). Note: #1. Fence to be installed per submitted site plan received 8/16/04. W. Kremzar seconded the motion, roll c:ill on the motion N. Sergi, J. Maloney "Yes", W. Kremzar, T. Kelley and M. Diver "No". Variance Denied 7. Joseph Fumic; 23533 Westchester Dr.: WRD 2 Request for variance (1123.12). The proposal consists of a new garage. The following variances are requested: 1. A 5 foot varia.ncz for a detached garage to close to rear property line, (code requires 10', and applicant shows 5'), section (1135.02 (C2)). 2. A 3 foot variance for a detached garage higher than code permits, (code pernuts 15', and applicant shows 18'), section (1135.02 (C1)). Which is in violation of Ord. 90-125 section (1135.02 C1)) &(1135.02 C2)). Chairman Malonev called all interested parties forward to review the request. Mr. Fumic the owner, Mr. Nader, and Mr. Prohn, neighbors each came forward to be sworn in and review the request. The applicant indicated that he would like to construct a new garage in the same location as the existing garage. He would like to match the look of the existing garage as well as those in throughout the neighborhood. He needs room to store his yard equipment, and will match his home material. He would like to have additional room above the garage to store personal items. He believes that his properiy can handle the proposed size garage and it will enhance the value of not just his home but those of his abutting neighbors. The neighbors present were concerned over the height of the garage as they believed that it would be taller than the applicant's home. The neighbors thought that a 15- foot roof height was tall enough for storage. The applicant felt the height was not to high and indicated that the downspouts would be connected to the drain. Chairman read aloud the engineers report. The board asked the applicant to lower the roof to code and eliminate the cement pad. The applicant agreed to do so. J. 1VIaloney moved to grant Joseph Fumic of 23533 Westchester I2rive his request for variance (1123.12), which consists of a new garage and that the following variance is granted as amended: A 5 foot variance for a detached garage to close to rear property line, (code requires 10', and applicant shows 5'), section (1135.02 (C2)). This will be conditaoned that the concrete slab will be removed. This is in violation of Ord. 90-125 section (1135.02 C2)). N. Sergi seconded the motion which was unanimously approved.