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r ,. C1TY OF NORTH OLMSTED "TOGETHER WE CAN MAKE A DIFFERENCE" BOARD OF ZONING APPEALS MARCH 4, 2004 MINiTTES I. ROLL CALL: . Chairnlan Maloney called the meeting to order at 7:30 p.m. PRE5ENT: Chairman J. Maloney; Board members; N. Sergi, T. Kelly, and W. Kremzar ALSO PRESENT: Assistant Law Director B. O'Malley, City Planner K. Wenger, Building Commissioner D. Conway, and Clerk of Commissions D. Rote. U. REVIEW AND CORRECTION OF NIINUTES: The Board of Zoning Appeals minutes dated 7anuary 29, 2004 have been submitted for approval. W. Kremzar molioned to approve the January 29, 2004 minutes as written T. Kelley seconded the motion, which was unanimously approved. Chairman Maloney reviewed that there are 16 cases requesting 38 variances and 2 special pernuts. He advised that Remington College had withdrawn from the docket. The Chairman advised that the board members have viewed the premises involved for each case. Three votes are required for approval. In addition, each case will be judged on the physical situation peculiar to itself, so that in no way is a judgment rendered considered to be a general policy judgment affecting properties and like situations elsewhere. M. SUII,DING DEPARTMENT REQUESTS: Stacv & Mark Faddoul; (PP# 231-01-128), 24086 Carla Lane: (WRD 2) Request for variance (1123.12). The proposal consists of a new 4 foot picket vinyl fence. The following variances are requested: 1. An 18 inch variance for fence exceeding height (code pernuts 30", applicant shows 48"). 2. A 12 foot variance for fence extending nearer the street line than building set back (code permits 0 ft., applicant shows 12 ft.). 3. A 17% variance for 50% of fence open (see note) (code requires 50%, applicant shows 33%) Which is in violation of Ord. 90-125 section (1135.02 (f)(1)). Note: This proposal was addressed by The Board of Zoning Appeals on 12-04-03. Chairman Maloney called all interested parties forward to review the request. Mr. Faddoul the owner came forward to be swom in and review his request. Mr. Maloney reviewed that the board addressed the proposal in December 2003. The applicants then requested their case be re-addressed at the boards January 29, 2004 meeting. Mr. Faddoul reviewed that their home is on a corner lot. They would like to place their fence 1- foot in from the sidewalk with a 90-degree angle at the rear corner not 45-degrees as requested. The board felt that if the fence was placed 3-feet from the sidewalk with a 90-degree angle at the comer it would allow visibility for pedestrians and cars. The board did not feel 1-foot in from the sidewalk would be adequate. Mr. Faddoul voiced that if allowed to use a 90-degree angle at the corner then placing the fence 3-feet in from the sidewalk would be acceptable. \ J. Maloney motion to grant Stacy & Mark Faddoul of (PP# 231-01-128), 24086 Carla Lane their request for variance (1123.12), as amended. Which consists of a new 4-foot picket vinyl fence and that the following variances are granted: 1. An 18 inch variance fbr fence exceeding height (code permits 30", applicant shows 48"). 2. 10-foot variance for fence nearer the street line than building set back, the fence is to be 3-feet in off the sidewalk (code permits 0 ft., applicant shows 10 ft.). 3. A 17% variance for 50% of fence open (see note) (code requires 50%, applicant shows 33%) Which is in violation of Ord. 90-125 sechon (1135.02 (f)(1)). N. Sergi seconded the motion, which was unanimously approved. Variances Granted 2. Joseph & Maria Mowchan; (PP#234-25-114), 5790 Park Ridge Drive: (WRD3) Request for variance (1123.12). The proposal consists of home addition.