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1. An 18 ft. variance (approximate) for setback of a fence constructed on a corner lot in the side and rear yards abutting a side street; code requires 20 ft.; applicant provides approximately 2 ft.; Section 1135.02(D)(3) Motion denied 0-5. 20-15907; Victor Zubarev; 6300 Somerset Drive Representative: Victor Zubarev, owner Proposal consists of a new deck. Property is zoned B -One Family Residence. The following variance is requested: 1. A 13 ft. variance for rear yard setback for a new deck; code requires 50 ft., applicant shows 37 ft., Section 1135.06(D). Ms. Lieber said the applicant proposes to replace the existing deck with a new step and deck in the rear yard of an interior lot. Because the deck is attached to the house, the deck structure must meet the required 50 foot rear setback. The deck is located approximately 37 feet from the rear property line at the closest point, therefore a setback variance of 13 feet is required. Mr. Zubarev moved into this home in 2003. A small fire occurred in the in-law addition of his home, which also affected the deck. When the contractor started installing the post holes for the new deck, the Building Department became aware that no permits were pulled for the existing deck. Mr. Zubarev said the deck was installed before he purchased the home. Ms. Lieber said the character of the neighborhood will not be altered as the deck is at a similar setback to neighboring patios, decks and home additions. There is also significant landscape screening between the deck and the most impacted neighbor to the south. Mr. Mackey thought the owner is doing his best to bring an improvement to the property and the setback requirement would prevent him from doing that. Mr. Papotto moved, seconded by Mr. Mackey, to approve the following variance for 20- 15907; Victor Zubarev; 6300 Somerset Drive: 1. A 13 ft. variance for rear yard setback for a new deck; code requires 50 ft., applicant shows 37 ft., Section 1135.06(D). Motion passed 5-0. COMMERCIAL APPEALS AND REQUESTS 19-13405; Dunkin Donuts; 5581 Stearns Road Representatives: Brian Fabo, Fabo Architecture; Laura DeCrane, 4547 Williamstown Drive, North Olmsted; Ken Blum, Dunkin Franchisee, Hinckley, OH Proposal consists of a new drive through restaurant. Property is zoned B-3 General Business. The following variances are requested: 1. A 13.83 ft. variance for required buffer zone (north property line); code requires buffer zone of 30 ft.; applicant shows buffer zone of 16.17 ft.; Table 1139.06-3. 2. A variance for 7 parking spaces; code requires a minimum of 49 parking spaces; applicant provides 42 parking spaces; Table 1161.03-1. 3. A variance for a flashing sign; code does not permit; applicant shows digital sign area on monument sign; Section 1163.23.