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4/1/2019 Minutes
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4/1/2019 Minutes
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N Olmsted Boards & Commissions
Year
2019
Board Name
Building & Zoning Board of Appeals
Document Name
Minutes
Date
4/1/2019
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Proposal consists of a fence on a corner lot. Property is zoned B -One Family Residence. The <br />following variances are requested: <br />1. A 42 in. variance for a 6 ft. high fence constructed on a corner lot; code permits 30 in., <br />applicant shows 72 in., Section 1135.02(D)(3). <br />2. A variance for a solid board on board fence constructed on a corner lot in the side yard; code <br />permits 50% open, applicant shows solid fence, Section 1135.02(D)(3). <br />Mr. Aspery said the applicant is proposing to install a fence in the side yard of the home on the <br />corner of Barton and Bradley Roads with frontage along Barton Road. Code states that a fence <br />that is at least 50% open and that does not exceed 30 inches in height may be constructed on a <br />corner lot in the side and rear yards at the street line. The applicant shows a solid fence 72 inches <br />in height. A 30 inch high, 50% open fence would be allowed to be constructed at the street line, <br />but for the height and opacity variances currently requested. The applicant does not show a <br />specific setback distance from the street line in the side yard along Bradley Road, which will be <br />required before a permit can be issued for a fence. Mr. Walling said he would like to install a <br />fence to so he can use his backyard for a garden and to contain their dogs and children. He did <br />not think the fence location would not impede drivers' visibility. Mr. Gareau asked about the <br />relationship of Mr. Walling to the applicant. Mr. Walling said they are purchasing the home <br />contingent upon the variances being granted. Mr. Papotto pointed out that no fence detail was <br />included in the packet, Mr. Aspery said the fence type is mentioned in the narrative but would be <br />confirmed when permits are pulled. Mr. Allain asked about the distance from the right of way. <br />Mr. Walling said the fence would be installed inside the sidewalk. Mr. Allain asked if the <br />applicant could install a 6 -foot fence as long as it was 20 feet from the right-of-way, Mr. Aspery <br />said yes. Mr. Walling asked where the right-of-way is and Mr. Aspery explained that the street <br />line would be inside the sidewalk on this property. Mr. Walling said the sidewalk along Bradley <br />Road is between 60 and 70 feet away from the house. Mr. Allain was concerned about granting a <br />variance for a situation that was specifically addressed in the code update and he did not think it <br />was justified, Mr. Raig and Mr. Papotto agreed. Mr. Mackey was concerned about accessibility <br />for utility companies or city crews to the sidewalk and right-of-way if the fence was installed <br />right along the sidewalk. Mr. Raig thought the back yard is large enough to have space if the <br />fence is set back 20 feet, Mr. Allain agreed. <br />Mr. Allain moved, seconded by Mr. Papotto, to approve the following variances for 19- <br />13306; Brian & Melissa Walling; 5851 Barton Road: <br />1. A 42 in. variance for a 6 ft. high fence constructed on a corner lot; code permits 30 in., <br />applicant shows 72 in., Section 1135.02(D)(3). <br />2. A variance for a solid board on board fence constructed on a corner lot in the side yard; <br />code permits 50% open, applicant shows solid fence, Section 1135.02(D)(3). <br />Motion denied 0-4. <br />COMMUNICATIONS <br />Sign Code Update <br />Ms. Rambo -Ackerman told the Board that the City is in the process of finalizing the contract <br />with the consultant and staff is hoping to get the update process started by May. <br />
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