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21-18915; Steve & Lorraine Hribar; 6017 Stearns Rd Representatives: Steve & Lorraine Hribar, owners Proposal consists of an accessory structure. Property is zoned B -One Family Residence. 1. A variance for an accessory structure that is not permitted in the Zoning Code; code does not permit guard rails, Section I I35.02(C)(4). 2. A variance for a freestanding accessory structure less than 5 feet from the side property line; code requires 5 feet, applicant shows less, Section 1135.02(C)(5). 3. An appeal from the determination of the Building Commissioner that the accessory structure is located in a manner that hinders the free flow of stormwater, Section 1135.02(C)(6). The property owner installed an accessory structure comprised of steel guard rails that function as a raised garden bed along their side lot line. The Building Department issued a Notice of Violation on April 5 to the property owner indicating the structure was inhibiting the free flow of stormwater. Also, the structure was constructed without a permit. The property owner filed an appeal from the Notice of Violation. When the city received the application, it was determined that the inspector failed to cite additional code sections in violation, which include that this type of structure is not permitted as an accessory structure, and that it fails to meet the minimum side yard setback of 5 feet. Mr. Hribar said he has tried to improve his property over the years. Drainage ditches were installed along the back of the property when the home was built. Yard waste and overgrowth have impacted the flow of water over the years but the flow of water is the same as it always has been. Water ponded in the low areas of the yard before he had landscaping beds installed by Zergott's in 2010. His flower box runs from west to east and he did not think it impedes the flow of water. He thought the guardrail looks good and the intent was not to change the flow of water. He thought the water on his neighbor's property backs up from the ditches. Ms. Hribar added that water sits on the edges of the property because of the ditches. Mr. Grusenmeyer issued a citation based on a neighbor's complaint. It is considered a structure and is located in the required side setback. It is not a permitted structure type based on what is listed in the local zoning code. Mr. DiFranco pointed out that the land in the area is flat and the water is intended to spread out so adding a wall does not help the flow of water. The brown area in the photos shows evidence of ponding water. Mr. Gareau explained that an appeal from a Building Commissioner's order can be affirmed or modified by the Board. There are many factors that will need to be considered including the consistent flow of water, tranquility of the neighborhood, uniform development of the property, etc. Mr. Gareau explained that if the variances are denied, the grade will need to be returned to its natural state. Mr. DiFranco did not know the history of the mound but did not think it was part of the original grading permit when the house was built. If no permit was issued for the change of grade, then it should be removed if the variances are denied. An email was received from Edward and Heather Kolenc at 6033 Stearns Road stating he was not opposed to the structure but has concerns about the flow of stormwater.