12/18/2008 Minutes - Laserfiche WebLink

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BOAItD OF BUILDING CODE APPEALS CITY OF NORTH OLMSTED 1VIIllo11UTES FOR DECEMSER 18, 2008 ROLL CALL The meeting was called to at 5:35 p.m. in Council Chambers. Present: Donna Sabo, Norman Althen, BJ Meder, Dan Jarachovic Absent: Robert Lipcsey Staf£ Assistant Law Director Bryan O'Malley, Assistant Building Commissioner Dale Mitchell, Clerlc of Commissions Donna Rote REVIEW AND CORRECTION OF MINUTES Mr. Jarachovic moved, seconded by Mr. Meder, to approve the July 17 and September 25, 2008 Board of Building Code Appeals minutes as written, which was unanimously approved 4-0. NEW BUSINESS Sharon Schoger; 26735 Chapel Hill: Proposal consists of a fence enclosing rear yard. Variance requested: A 70.1 foot variance to install proposed chainlinlc fence section in reax yard which will run parallel to existing neighbors fence on the other side of easeinent, which is in violation of section 1369.03A(3). Note: a 4 foot gate will be installed so area can be maintained. BBCA tabled 11/20/08 no quorum. Mrs. Schoger and Mr. Shoester with Gates Fencing were sworn in. Mrs. Schoger said she would lilce to close in her backyard for their dogs. Mr. Shoester said the owner requires a variance as there is a 10 foot CEI easement between his client's home and rear neighbor's home. The neighbor has an existing fence along the back of their property and his clients would like to close the rear of their yard as well. Due to the existing fence his client is not allowed to install their fence even though there is 10 feet between the two fences. The fence will be chainlinlc and have a gate so the area between the fences can be maintained. Due to the easement they can not connect to the rear neighbor's fence and they would lilce to fence in their dogs. Mr. Mitchell said tlle building department had no objections as long as the gate is installed so the area can be properly maintained. Each board member said they had no objections to the request. Mr. Medei• moved, seconded by Mr. Althen, to grant Sharon Schoger of 26735 Chapel Hill a 70.1 foot variance to install a chainlink fence along the rear yarcl which is in violation of section 1369.03A(3) contingent upon a gate lbeing installed so the area between the two feuces can be maintained, which was unanimously approved 4-0. Mr. O'Malley said the board could request legislation drafted to amend the City's fencing code to address owners who have utility easeinents along the rear of their property so that it is not ' such a prohibition to have fences baclc to baclc when there are utility easements involved. The code could include wording to allow abutting owners to install fences outside both owners' easement area and require a gate for maintenance access as well. Board members felt the