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BUILDING & ZONING BOARD OF APPEALS CITY OF NORTH OLMSTED MINUTES FOR DECEMBER 7, 2020 ROLL CALL Chairman Allain called the meeting to order at 7:01 pm via online public meeting. Present: Eric Allain, Bob Papotto, Suzie Patton, Dan Rahm Absent: Ralph Mackey Staff: Planning Director Kim Lieber, Assistant Law Director Bryan O'Malley, Administrative Assistant Nicole Rambo -Ackerman REVIEW AND CORRECTION OF MINUTES Mr. Papotto moved, seconded by Mr. Rahm, to approve the Building & Zoning Board of Appeals minutes of November 2, 2020, motion passed 4-0. RESIDENTIAL APPEALS AND REQUESTS 20-18088; Dave Butterworth; 23543 Cedarwood Lane Representative: David Butterworth, 3583 Bradsford Gate, Rocky River, OH Proposal consists of a fence on a corner lot. Property is zoned C -One Family Residence. 1. A 19 ft. variance for side yard setback of a solid 6 ft. high fence on a corner lot; code requires 20 ft., applicant provides 1 ft., Section 1135.02(D). The requested variance is approximately 19 feet, where a setback of 20 feet would be required for a six -foot -high fence in the rear yard of a corner lot. The applicant did not provide a dimensioned site plan so the distance was determined by an inspector who measured and confirmed the fence was installed two feet from the back of the sidewalk. The measurement is estimated from the closest point of the fence in relation to the street line. Mr. Butterworth explained that he gave the house to'his daughter who had two dogs. Her boyfriend hired someone to install the fence and there was confusion about having a homeowner permit versus permission to get it installed. The fence was installed in the current location so it would be hidden by the bushes and be aesthetically pleasing. Mr. Butterworth is requesting the variance so his family can continue to live there and have pets. Ms. Lieber said the fence was installed without a permit and a site plan was not provided. She was concerned about the close proximity of the fence to the sidewalk but pointed out that there is mature vegetation that blocks that the fence. She thought the variance request was substantial and was concerned that it was installed without a permit. Mr. O'Malley noted that the work without a permit violation could be prosecuted in Mayor's Court and thought the homeowner is trying to remedy that by requesting the variance in order to get a permit issued. The board should view the case as if it was a new proposal.