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I ?? CITY OF NORTH OLMSTED BOARD OF ZONING APPEALS MIlVUTES - OCTOBER 1, 1997 Chairman Gomersall called the meeting to order at 7:35 p.m. Present: P. Miller, J. Maloney, W. Purper, and R. Gomersall, Absent: T. Koberna Also. Present: Law Director Gareau, Assistant Building Commissioner Rymarczyk, and Clerk of Commissions Oring. W. Purper moved to approve the minutes of September 4, 1997, seconded by J. Maloney, and unanimously approved. Chairmau Gomersall advised that. each case would be judged on the physical situation peculiar to itselt so that in no way is a judgment rendered considered to be a general policy judgment affecting properties and like situations elsewhere. He explained that it would take three affixmative votes to approve a request and bu.ilding permits for all variances and special permits granted may be picked up Monday at the Building Department. 1. Bobby D. Gutler, 5927 Barton Road. Request for variance (1123.12). Request 1.5 foot height variance for shed under construction Note: the screened patio attached to this shed is not considered part of the structure. Violation of Ord. 90-125, Section 1135.01(a)(3). ALSO, request variance to have two (2) types of prohibited fence (deer fencing and field fencing). Violation of Commissioner's ruling (1123.07a) and request 1 foot height variance for one type of fence. Violation of Ord. 90-125, Section 1135.02(f-1). Chairmau Gomersall called all interested parties before the board. The oath was administered to Mrs. Cutler who explained that the shed was 14 feet high in the front and it sloped down to 8 feet. It sloped down to handle the snow. Neighbors, Mr. Klesta, Mr. Mattson, and Mr. Kaufliold were sworn in at this time. Mr. Gomersall was not familiar with either type of fencing that she was requesting. She explained that the deer fencing was being used at the Holden Arboretum and other places on the east side, but it has not been used on the west side. This fencing is practically invisible from 10 feet or more away. The field fencing is a wide wire fence that is used to contain cattle, etc. She presented a sample of the deer fencing, but did not have a sample of the wire fencing. She stated that there were not positive they would have to use the wire fencing, except for between her properly and Mr. Klesta's where he has cleared her 1and. Mr. Klesta stated that was little that could be done about the shed since it was built, but he wondered why the screen porch that was attached was not considered as a shed. Assistant Bu.ilding Commissioner Rymarczyk advised that, according to code, the screened in .portion was not considered in the square footage for the shed..Mr. Klesta stated that the fencing is prohibited because it is unsightly and is not allowed to be used in city limits. He does not want this next to his properiy. He suggested a stockade fence or some similar type fence. The other neighbors agreed. Mrs. Cutler responded that she choose these kinds of fences only to keep out the deer. The wire fence was only to be used next to Mr. Klesta. Mr. Purper asked if everyone in the neighborhood was having problexns with the deer. Mr. Klesta advised that they were and if you lived against the park you had to deal with the animals. Mrs. Cutler stated that the deer fencing was a new material and is called deer netting, and was not in the code. Mr. Rymarczyk read the section of the code that prohibited field fencing, but the prolubition of the deer fencing was the Building Comuussioners ruling. Mrs. Cutler stated that if the field fencing was not permissible, she would still like to use the