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BUILDING & ZONING BOARD OF APPEALS CITY OF NORTH OLMSTED MEETING MINUTES FOR JULY 10, 2023 ROLL CALL Mr. Papotto called the meeting to order at 7:01 p.m. in Council Chambers. Present: Bob Papotto, Ralph Mackey, Dan Rahm, Michael Kovach. Suzie Patton Staff: Director Max Upton, Building Coordinator Katie Seeley. Law- Director Michael Gareau. Administrative Assistant Lyn Wilson REVIEW AND CORRECTION OF MINUTES The Building & Zoning Board of Appeals minutes of March 6`". 2023. May 1'`. 2023, and Mav 17`x. 2023 were approved. All in favor, none opposed. RESIDENTIAL APPEALS AND REQUESTS 23-24480; George & Soula Mallias; 27293 Benwood Circle Representative(s): George Mallias; 27293 Benwood Circle. Mary Ellen Hemann 132 Greenward WaySouth; assisting in representing Mr. Mallias. Ms. Seeley introduced the case as a proposal of extended wire fence. with two variances requested. The first was a variance for a fence that is not identified as a permitted fence type. Note. the installed fence showed metal posts and wire attached and extending above the 4 ft. high chain link fence. Fence was 7 ft. 3 in. in height. The second request is a 1 ft. 3 in. variance for height of a fence in the rear yard, code allows a fence in the rear yard not to exceed 6 ft.: applicant shows 7 ft. 3 in. Ms. Hemann offered a short background of the property. She explained to the board that the Mallias's owned the property for 40 years and have since transferred the deed to their son. but still reside in the home. She went on the say that the current chain link fence was installed 30 years ago by a fence company. She also explained that the fence height was added later. The Mallias's worked with the abutting Church property behind them, cleaned up the weeks and over growth and the Pastor gave verbal permission to put up the higher fence to keep from kids' toys going over the fence and to keep the deer out. The residents were unsure where the complaint came from and what the complaint was, which brought them to the meeting that evening. Ms. Seeley stated that she agreed with the statements made by Ms. Hemann. The building department received a complaint. they investigated it, and found it was not a permitted fence type. They were unable to locate an issued permit for the height of the fence from eight years ago. which is why they were at the meeting requesting the two variances. Mr. Gareau explained to the board that this was an appeal of the building code as well as the zoning code. He advised them to first use the standard they normally did to determine if the type of fence would be permitted then determine if the height of the fence would be permitted. Mr. Mackey questioned the applicant on why he did not seek advice from the building department regarding the code or