09/18/2003 Minutes - Laserfiche WebLink

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CITY OF NO1tTH OLMSTED "TOGETHER WE CAN MAKE A DIFFERENCE" BOARD OF BUILDING CODE APPEALS AGENDA - SEPTEMBER 18, 2003 IN COUNCIL CHAMBERS 5:30 P.M. I. ROLL CALL: Chairman Puzzitiello called the meeting to order at 5:30 p.m. PRESENT: Board members; M. Conway, P. Engoglia and N. Althen. , ABSENT: Chairman R. Puzzitiello and Board member R. Klesta. ALSO PRESENT: Building Commissioner D. Conway, and Clerk of Commissions D. Rote. II. REVIL-EW AND CORRECTION OF MINUTES: The Board of Building Code Appeals minutes for September 4, 2003 have been submitted for approval. Acting chairman Engoglia indicated that the board would defer addressing the September 4, 2003 minutes until meeting next. M. OLD BUSINESS: William & Susan. Minnich, 3474 West 231St Street, VVRD2 A variance for an adjacent board fence 9 inches west of the property line. (1369.03 (a) (3)) General requirements for fences: Where a neighbor has already installed a fence along a property line, an additional fence will not be permitted. NOTE: This proposal was tabled on 8/21/03 and 9/04/03. Acting Chairman Engoglia called all interested parties forward to review the request. Mr. Minnich came forward to address his request. Mr. Engoglia reviewed that the board received a letter from the neighbor but could not accept it as it suggests that the neighbor would have the right to remove the section of fence on his lot at any time. 1dIr. Minnich indicated that he had not seen the letter and has tried to work something out but with the new changes, he would just like to erect the fence and leave a 9-inch gap between the fences. Mr. Wiebausch requested that the board table the issue again until he retains a lawyer. The Commissioners did not feel that the applicant should be held up any longer. Mr. Conway suggested that he would be reluctant to keep the applicant from fencing in his own yard. Discussion suggesting the fence be placed two feet from rear property line took place, Mr. Minnich did not feel it would be fair to him when the neighbor is only 9 inches off his property line. He felt it was his responsibility to protect his neighbors from his dogs but if the issue could not be settled he would just build a fence to what code allows. Mr. Wiebausch felt that there had to be something between the end of his fence and the applicant's fence or the dogs would get out. Mr. Engoglia did not think it was fair to the applicant to have to wait another month. Mr. Conway advised the board members that they needed to determine where the fence is to be place. Mr. VJesta questioned if the applicant would be willing to move the fence inward. Mr. Minnich commented that he did not want