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BUILDING & ZONING BOARD OF APPEALS CITY OF NORTH OLMSTED MINUTES OF JANUARY 6, 2020 ROLL CALL Chairman Raig called the meeting to order at 7:00 pm in Council Chambers and led the Pledge of Allegiance. Present: Mike Raig, Bob Papotto, Ralph Mackey, Eric Allain, Dan Rahm Staff. Assistant Law Director Bryan O'Malley, Assistant Building Commissioner Dan Russell, Planner Maria Levanoff, Administrative Assistant Nicole Rambo -Ackerman REVIEW AND CORRECTION OF MINUTES Mr. Allain moved, seconded by Mr. Papotto, to approve the Building & Zoning Board of Appeals minutes of November 4, 2019, motion passed 4-0, Mr. Raig abstained. RESIDENTIAL APPEALS AND REQUESTS 19-15745; Troy Buckley; 4754 Georeette Avenue Representative: Troy Buckley, owner Proposal consists of a fence on a corner lot. Property is zoned C -One Family Residence. The following variance is requested: 1. A 8 ft. variance (approximate) for setback of a fence constructed on a corner lot in the side and rear yards abutting a side street; code requires 20 ft., applicant provides approximately 12 ft. to align the fence with the side of the house, Section 1135.02(D)(3). Note: No precise dimension to the side property line has been provided but it is the intent to install the fence in line with the side of the existing house closest to the side street (Lucille Drive). Ms. Levanoff said the applicant obtained a permit to replace an existing five foot fence along the rear property line. Sometime after the permit was issued and the fence constructed, the city became aware the former fence was non -conforming and that the new fence would require a variance. Because the property is a corner lot, a fence cannot extend closer to 20 feet from the right-of-way of the side street. The fence runs perpendicular to the side street and is located approximately 12 feet from the right-of-way at the closest point, therefore a setback variance of eight feet is required. She pointed out that the applicant's submittal notes distances from the sidewalk instead of the right-of-way. Mr. Buckley said the fence was installed at the end of April and about five months later he learned it was too close to the sidewalk. The original fence was there when he purchased the home in 2004 and it was damaged in a wind storm. He hired a fence company to pull a permit and install the fence in the same location. Ms. Levanoff pointed out that the fence is a fair distance from the neighbor's driveway so vision should not be obstructed any more than the trees in the area. Mr. Raig would have been in favor of the variance if it had come before the Board