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BOARD OF ZONING-APPEALS .' CITY OF NORTH OLMSTED MINUTES OF OCTOBER 1, 2009 BZA TRAINING: 6:45 PM Review Standards and Procedures for Variance Hearings ROLL CALL Mrs. Diver called the meeting to order at 7:40 p.m. in Council Chambers. Present: Maureen Diver, Nancy Sergi, Laura Bellido, Jennifer Rudolph Absent: Alfredo Lopez Staff: Assistant Law Director Bryan O'Malley, Building Commissioner Dale Mitchell, Clerk of Commissions Donna Rote REVIEW AND CORRECTION OF MINUTES , Ms. Rudolph moved, seconded by Mrs. Bellido, to approve the September 3, 2009 Board of ' Zoning Appeals minutes which was unanimously, approved 4-0. RESIDENTIAL APPEALS AND REQUESTS: Robert Dehoff; 25171 Doe Drive: Request for vaxia.nce (1123.12), which consists of a 4 ft high black vinyl chain link fence and the following variance is requested: An 18 inch variance for a fence higher than 30" in a side yard setback on a corner lot, code permits 30", applicant shows 48", which is in violation of Ord. 90- 125 section 1135.02 f(1). Note: BBCA approved a 75 ft section in rear yard 9/17/09. Mr. Dehoff was sworn in and said he was granted a variance to fence the backyard by the Board of Building Code Appeals and he would like to continue the 48 inch fence along the side yard to keep the fence uniform and keep their dog in the yard. Ms. Rudolph asked if the neighbor's fence was also a 4 ft chain link fence and Mr. Dehoff said it was chain link but his would be vinyl coated and although the fence is 50% open the fence will be installed along the inside line of the existing shrubs. He noted that there were many properties in the neighborhood that had 4 foot chain link fences so his fence would not adversely affect the area. The distance of the fence from the sidewalk will ensure that neither vehicle nor pedestrian traffic would be affected. Mr. Mitchell said the fence would match the neighbors, by being behind shrubs that are 42 inches high and doesn't extend past the back of the home. He has no objections to the request. Mr. O'Malley suggested the motion could stipulate the fence be installed in accordance to the plans submitted. Mr. Dehoff said the fence would be in line with the neighbor's fence 3 feet in from the sidewalk. Mr. Mitchell requested the motion stipulate the fence be installed so that it is in line with the neighbor's existing fence. Mrs. Sergi said as the fence is 50% open and for safety reasons the 18 inches is warranted. Ms. Rudolph said the character of the neighborhood would not be altered and the fence will match the neighbor's fence therefore the spirit and intent of the