Village of Evendale
Zoning Board of Appeals
Minutes for the
October 6, 2008 Meeting
The Zoning Board of Appeals was called to order by Chairman Al Schutte at 7:35 P.M. on Monday, October 6, 2008, 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. Pam Morin, Building Department, was also present.
The following requests were heard:
Raouf Amin, 9841 Gateclub Drive
Request for a variance from the Village of Evendale Code Section 1246.04 requiring a minimum rear yard setback of 35 feet
File #V-08-02
Nevine Noujaim, Archi-Tec, presented the proposal for a 15’ x 19’ screened porch addition. The house sits on the corner lot at a slight angle. The maximum encroachment is five feet on the north end of the proposed addition to zero feet at the south end, with an average of 2 ½ feet encroachment.
Mike Reed also serves on the Carpenters Creek Architectural Review Board (ARB). He mentioned that the ARB had not seen the proposal yet and that Mr. Amin would need to get their approval before any building permit could be issued. There was a short discussion on whose approval was required first, ZBA or the ARB. It was the consensus that the ZBA’s approval should come first.
A panhandled lot sits directly behind Mr. Amin’s property. The board expressed concern on how the variance would affect the neighbor’s use of their property
Nevine Noujaim went through the required six justifications. All adjoining property owners were notified. No comments were received.
Al Schutte made a motion to approve the variance with the following conditions: 1) Within 90 days, Mr. Amin receives approval from the ARB for the addition; 2) the ARB also reviews and approves the landscaping. The motion was seconded by Dave Harwood. The motion passed with a vote of 5 – yes and 0 – no.
Gorman Heritage Farm, 10052 Reading Road
Variance to use barbed wire in the Residential District (Section 1266.11(a)(4) of Village of Evendale Zoning Code)
File #V-08-03
Peggy Paff, Executive Director for Gorman Heritage Farm, presented plans to install 12,000 linear foot of 4 ½ foot high fence around the perimeter of portion of the Gorman Heritage Farm. The fence would consist of woven wire fence, wooden corner post, and metal posts. It would run along the north and west sides of the property. The fence would be placed 10 feet inside the property line, allowing the farm to easily maintain the fence and along the fence line.
Peggy Paff outlined the reasons for the new fence:
1) Increase security;
2) Animal safety;
3) The existing fence is in disrepair;
4) This would allow the farm to utilize the entire farm to rotate pasturing of the animals.
Vicki Foster and Bill Shape, Gorman Heritage Farm, explained that in re-evaluating of the fence project, they feel that electrical fence would better serve the farm than a barbed wire fence. Vicki Foster explained that an electrical line would run 5 inches along the inside of the top of the woven fence, so someone would have to reach over the fence to grab the electrical wire. The board questioned the safety of an electrical fence. It was explained that the low amperage and the pulsating, not continuous, current would cause a mild jolt when touching the wire.
Isaac Gilliam, 10068 Carpentersview Drive, and Michael Klugo, 3273 Brinton Trail, expressed concern of having an electrical fence directly behind the Residential District and on public property with large number of children using the facility. Board member Dave Harwood stated that it is a public facility, but also a working farm.
In reviewing Section 1266.11(a)(4) of the zoning code, Al Schutte stated that the Village of Evendale Zoning Code does not prohibit electrical fences. Peggy Paff then withdrew the request.
Tom Lippert made and Lynn McCarthy seconded to approve the February 11, 2008 minutes with one minor correction. The motion passed with a 4 yes to 0 no vote.
The meeting was adjourned at 8:30 P.M.
Al Schutte, Chairman
Zoning Board of Appeals
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