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BUILDING & ZONING BOARD OF APPEALS CITY OF NORTH OLMSTED MINUTES OF MARCH 2, 2020 ROLL CALL Chairman Allain called the meeting to order at 7:00 pm in Council Chambers and led the Pledge of Allegiance. Present: Eric Allain, Ralph Mackey, Bob Papotto, Suzie Patton, Dan Rahm Staff. Law Director Michael Gareau, Jr, Planning Director Kim Lieber, Assistant Building Commissioner Dan Russell, Planner Maria Levanoff, Administrative Assistant Nicole Rambo - Ackerman REVIEW AND CORRECTION OF MINUTES Mr. Papotto moved, seconded by Mr. Mackey, to approve the Building & Zoning Board of Appeals minutes of February 3, 2020, motion passed 5-0. RESIDENTIAL APPEALS AND REQUESTS 20-15875; David Sherman; 27904 Southern Avenue Representative: David Sherman, owner Proposal consists of a fence on a corner lot fence. Property is zoned B -One Family Residence. The following variance is requested: 1. An 18 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 2 ft.; Section 1135.02(D)(3) Note: Applicant provided setback measurement from sidewalk rather than property line. Ms. Lieber stated that the applicant proposes to build a six-foot shadowbox fence along the side and rear yards of a corner lot. 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 parallel to the side street and is located approximately two feet from the right-of-way at the closest point, therefore a setback variance of 18 feet is required. The applicant's submittal indicated distance from the sidewalk instead of ROW. Mr. Sherman would like to replace the existing chain-link fence with a privacy fence. Without the variance, approximately one-third of their yard would not be enclosed. Since the applicant bought the home in February 2019, they have put a great amount of resources into improving the backyard. He thought the variance request is substantial but thought it was similar to other fences around the city. He did not think neighbors or traffic sight lines would be affected. Mr. Sherman does not think the chain link fence deters people from trespassing or people who cannot appreciate a water feature from staying away. The privacy fence would also prevent his dog from barking unnecessarily and reduce noise pollution. He was unaware about the setback requirement when he purchased the home. He thought property owners have the right to privacy and to