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BOARD OF BUILDING CODE APPEALS CITY OF NORTH OLIVISTED MINUTES OF MARCH 17, 2011 ROLL CALL The meeting was called to order at 5:31 p.m. in Council Chambers. Present: Donna Sabo, Julianne Nader, Dan Jarachovic Absent: Robert Lipcsey, BJ Meder Staff: Planning and Development Director Kimberly Wenger, Planning and Development Secretary Tricia Granfors REVIEW AND CORRECTION OF MINUTES Mr. Jarachovic moved, seconded by Ms. Nader, to approve the Board of Building Code Appeals minutes of December 16, 2010, which was approved 3-0. NEW BUSINESS Alex & Linda Nieberding; 5974 Gareau I)rive: Proposal consists of fence installation along a property line where a rear neighbor's fence already exists; code does not permit, Section 1369.03(a)(3). Note: Neighbor's 6 ft. wood fence does not border the entire property line and was erected under permit in 1997. Property owner Linda Nieberding of 5974 Gareau Drive, Tom Tekesky of American Fence Company, and neighbor Tom Eccleston of 5988 Gareau Drive were sworn in. Mr. Tekesky said he worlcs with Solutions at Worlc (SAW), an extension of Cuyahoga County which partners with the Board of Mental Retardation on behalf of residents with mental retardation and/or developmental disabilities. Linda's adult son Alex is mentally disabled. The family was awarded a grant for the fence installation to give Alex a safe, contained outdoor space. During the application process they learned about the ordinance forbidding parallel fences and that a variance would be required. The rear of the property is 70 feet wide; the request is to install a 4- foot high chain linlc fence 3-4 inches from the rear property line so that the concrete footers are within property boundaries. Behind the Nieberding property is a 12-foot wide drainage and CEI easement. On the other side of this easement 5973 Stearns Road has an existing 6' wood fence. The property owner would be responsible for maintaining the easement area; the property containing the easement does not belong to Ms. Nieberding. Mr. Eccleston said he has no issues or concerns with the fence installation. Ms. Sabo noted Building Commissioner Mitchell recommended in his review that a 3-foot gate should be installed for access to the easement area for maintenance. Ms. Nieberding accepts that recommendation; Mr. Tekesky said the installation of a gate would pose no problem. Mr. Jarachovic visited the site. He feels this case is similar to many variance requests the Board has granted in the past.