Village of Evendale
Zoning Board of Appeals
Minutes for the
August 27, 2011 Meeting
The Zoning Board of Appeals (ZBA) was called to order by Chairman Al Schutte at 9:00 AM on Saturday, August 27, 2011, in the Council Chambers of the Village of Evendale Municipal Building. Attending were Chairman Al Schutte, members Dave Harwood, Tom Lippert, Lynn McCarthy, and Mike Reed. Supporting the ZBA was Pam Morin, Building Department.
The following request was heard:
Lindsey Mattox, 9703 Otterbein Road
A request for the following variances from the Village of Evendale Zoning Code:
1. Section 1266.11(a)(1) prohibiting fences with an open face area less than 70 percent;
2. Section 1266.11(a)(2) prohibiting fences located within ten (10) feet of the lot line with a height greater than four (4) feet.
File #V-11-04
Dave and Debbie Dourson currently live in the house. Owner, Lindsey Mattax, is the Dourson’s daughter and they are representing her at this meeting. The Doursons installed a six (6) foot high, 101 foot privacy fence along the south property line. No building permit was obtained. Since moving into the house, nearly two (2) years ago, they have updated and remodeled the interior of the house. They plan to enlarge the house and to install a 20’ x 40’ in-ground pool, using the privacy fence to enclose part of the pool area. Their plans are to enclose the remaining pool area with a wrought iron fence.
A letter from Richard Herzog in opposition of the fence was read.
The committee discussed Section 1266.11(b)(4) of the Evendale Zoning Code which allows solid fences around swimming pools provided they are ten (10) feet or more from any lot line and with a maximum height of six (6) feet.
The six (6) justifications were read and discussed. Mike Reed made a motion to deny the variances for failure to satisfy #1, #3, and #4 of the justifications. Lynn McCarthy seconded the motion. The motion passed with a vote 5 yes, 0 no.
The Doursons were advised of the appeal process of the ZBA decision to Council.
The minutes of the ZBA May 19, 2011 meeting was read. A motion was made by Dave Harwood and seconded by Tom Lippert to approve the minutes with the correction of one typographical error. The motion passed with a vote of 5 yes, 0 no.
The meeting was adjourned at 9:30 AM.
Al Schutte, Chairman
Zoning Board of Appeals
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