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Representatives: Kathleen Turvey, William Turvey, Hunter Turvey, all at 6631 Chadbourne. Judith Schwind 29320 Bretton Ridge, Ms. Turvey explained to the board that they have had the chickens for two years and were let out in the yard while cleaning out the coop. She stated that the neighbor to the south calls the city because the chickens went into their yard. She also expressed that they were within other ordinances of having ten farm animals, and the chicken coop was approved and inspected. Mr. Turvey explained that they fenced in the entire yard with the intention to allow the chickens to roam. Ms. Seeley explained that the code was written to allow chickens 50sgft of housing and roaming area. Director Upton explained that there was correspondence from a neighbor; Cassandra Rumes; 6645 Chadbourne. The board received this but the applicant had not. The correspondence was read to the board and applicant by Mr. Massarolo. There were several incidents and concerns noted by the Rumes', and they were opposed of this variance. Director Upton explained that the acquisition of the chickens was subsequent to the passing of legislation by Council. The legislation that passed regulated the size and area for chickens. Mr. Upton stated that a deviation is not warranted on a lot that does not meet the size standards and he agreed with the building commissioner and urged the board to not set a precedent in this regard. Director Gareau advised the board that the decision to have been made is if the variance should be granted from 50sgft to the entire fenced in back yard. Ms. Turvey explained to the board of the tensions between them and the Rumes's, and stated they were only asking for the chickens to be let out of their 50sgft area when they were cleaning said area. Ms. Schwind offered her counter to the correspondence, and was there in support. Mr. Mackey asked Director Gareau if he knew of any other remedies for the request. Mr. Gareau reiterated that the 50sgt enclosed area is what is in the code and that is what they needed to determine; whether or not they would approve the variance request and grant the chickens access to the yard which is greater than the 50sgft. Mr. Mackey moved; seconded by Ms. Patton; to approve 23-23671; William & Kathleen Turvey, 6631 Chadbourne Dr. as written. Board members entered discussion, Mr. Mackey stated his original concerns, and then stated he was in support. Ms. Patton expressed concern that they were not able to limit the use of the extra area. Mr. Rahm and Mr. Kovach both stated that it came down to the use variance. Motion Denied: 3-1; Mr. Rahm, Ms. Patton and Mr. Kovach all opposed. COMMERCIAL APPEALS AND REQUESTS 23-23623; Joel Copley, Janotta & Herner Inc./KG Real Estate Investments Westside LLC, 25730 Lorain Road, Ken Ganley Hyundai Approval for a 24" overhang on the front soffit of the new service reception center. Property is zoned B-3 General Business. Representative Joel Copley 309 Monroe St. Monroeville, OH