5/6/2019 Minutes - Laserfiche WebLink

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1. A variance for a parking pad in a front yard; code only allows parking pads in the side or rear yard of a residential lot unless the lot has access to an arterial street, applicant shows a parking pad in the front yard; Section 1135.02(B)(3)(a). Motion passed 3-0. 19-13594; Ryan Picone; 25190 Sunset Oval Representatives: Ryan Picone, owner; Patrick & Karen Browne, 5395 Sunset Oval; Thomas Campbell, 5380 Sunset Oval; James & Marilyn Gedra, 25191 Sunset Oval; Richard Winkler, 25221 Sunset Oval; Spencer Diehl, 25127 Sunset Oval; Ernie Oergel, 5414 Sunset Oval; Mary Ellen Hemann, Ward 4 Councilwoman Proposal consists of a fence on a corner lot. Property is zoned A -One Family Residence. The following variances are requested: 1. A 42 in. variance for height of a fence constructed on a corner lot in the side yard; code allows fences up to 30 in. high, applicant shows 72 in., Section 1135.02(D)(3). 2. A variance for a solid fence constructed on a corner lot in the side yard; code requires fences to be 50% open; applicant shows a solid fence, Section 1135.02(D)(3). Note: A 4 ft. fence setback from side street right-of-way is shown. Mr. Aspery said the applicant is proposing to install a six-foot shadowbox privacy fence in the side yard of the home situated on a corner lot. Code states that a fence that is at least 50% open and that does not exceed 30 inches in height may be constructed on a corner lot in the side and rear yards at the street line. The applicant shows a solid, or 0% open, fence 72 inches in height. A four foot setback is proposed for this fence where a 20 foot setback would otherwise be required by code for a fence of this height and opacity. Mr. Picone said they moved in about a year and a half ago and they have two kids. He did not think the fence would obstruct visibility since there is no driveway on that side of the lot. A landscape pergola is in the rear yard and he does not want to remove the landscaping to install the fence. They also plan on getting a dog in the future. Mr. Browne, 5395 Sunset Oval, believed the fence would block their view of the side of their property and they would not be able to see who is walking in the neighborhood. He was opposed to the proposal since it would change the character of the neighborhood. Ms. Browne said she was unaware of a fence ever being installed on the inner land of the oval and she thought it would greatly change the dynamic of the neighborhood. She asked how the property lines are determined. Mr. Picone pointed out that the variance is not being requested for the side of the lot abutting the Brownes. He proposed changing to a five-foot high fence set back five feet from the sidewalk, discussion about amending proposal. Mr. Gedra, 25191 Sunset Oval, was concerned about the fence changing the character of the area. He has lived in his home for 45 years and they love it. He thought the variances requested are very great compared to what is permitted. He thought some of the neighbors agreed that the trees and green space add to the character of the area. He thought the fence would make the home seem blighted and would decrease the property values. He understood the applicants' concerns about safety but the previous families raised children in the home without any issues.