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Proposal consists of a fence on a corner lot. Property is zoned B -One Family Residence. <br />1. A 42 in. variance for fence height; code allows fences up to 30 in. high when constructed on <br />a corner lot in the side yard, applicant shows 72 in.; Section 1135.02(D)(3). <br />2. A variance for a solid fence; code requires fences to be 50% open when constructed on a <br />corner lot in the side yard; applicant shows solid fence; Section It 3 5.02(D)(3). <br />Note: A 15 ft. fence setback from side street right-of-way is shown. <br />Ms. Lieber stated that the applicant is proposing to construct a solid 6 foot high fence in the rear <br />yard of their corner lot along Bradley Road. Code allows a maximum of 30 inches and 50% open <br />within 20 feet of the right-of-way. The applicant is showing a setback of 15 feet. Previously the <br />applicant proposed the same fence closer to the property line, which was denied by the BZBA in <br />April 2019. Ms. Walling said they are proposing the 15 foot setback in order to encompass the <br />large tree in their backyard. Mr. Schumann said there is also a line of pine trees just inside the <br />sidewalk so the proposed fence would not impact the traffic visibility and he thought the fence <br />would a nice addition to the property. Ms. Lieber thought the applicants did a good job <br />decreasing the requested variances given their circumstances. Mr. Allain suggested granting a <br />five foot variance for the setback instead of the two proposed variances, Mr. Raig was not in <br />favor of always granting setback variances for corner lot fences. <br />Mr. Allain moved, seconded by Mr. Papotto, to approve the following variance as amended <br />for 19-14924; Brian & Melissa Walling; 5851 Barton Road: <br />1. 5 ft. variance for the setback of a 6' high solid fence in the rear yard on a corner lot; <br />code requires 20 ft. setback, applicant shows 15 ft. setback; Section 1135.02(D)(3). <br />Motion passed 4-0. <br />COMMERCIAL APPEALS AND REQUESTS <br />19-13004; Arby's; 26330 Lorain Road <br />Representatives: Brian Wellert, Wellert Corporation, 5136 Beach Road, Medina, OH; Joseph <br />Peters, Inspire Brands, 4436 Calkins Road, Dryden, MI <br />Proposal consists of a new drive through restaurant. Property is zoned B-3 General Business. <br />The following variances are requested: <br />1. A 36.25 ft. variance for front building setback; code requires 75 ft., applicant shows 38.75 ft.; <br />Section 1139.07. <br />2. A 9 ft. variance for buffer zone depth along the west property line; code requires 10 ft., <br />applicant shows depth of 1 ft.; Table 1139.06-2. <br />3. A 9 ft. variance for buffer zone depth along the east property line; code requires 10 ft., <br />applicant shows depth of 1 ft.; Table 1139.06-2.* <br />4. A 14.77 ft. variance for buffer zone depth along the north property line; code requires 30 ft., <br />applicant shows depth of 15.23 ft.; Table 1139.06-2. <br />5. A variance for 8 parking spaces; code requires 30 parking spaces, 22 are proposed; Table <br />1161.03-1. <br />6. A variance for 2 additional ground signs; code allows 1 ground sign per lot, applicant shows <br />3 ground signs; Section 1163.27.A. <br />7. A 14 ft. variance for ground sign setback from a side lot line (main ground sign); code <br />requires a 20 ft. setback, applicant shows 6 ft.; Section I I63.27.B. <br />