Village of Evendale
Zoning Board of Appeals
Minutes for the
November 7, 2007 Meeting
The Zoning Board of Appeals was called to order by Chairman Al Schutte at 7:30 P.M. on November 7, 2007 in the Council Chambers. Attending were Chairman Al Schutte, members Dave Harwood, Tom Lippert, Lynn McCarthy, and Mike Reed. Applicant Gregory Corson was present, along with Pam Morin, Building Department.
The following requests were heard:
Gregory Corson, 3756 Glendale-Milford Road
Request for a variance from the Village of Evendale Zoning Code Sections 1266.11, 1264.05(b), 1264.05(c) and 1264.05(d) regulation fences in the Residential District and non-conforming uses.
File #V-07-04
In September, Building Commissioner Don Mercer sent a letter to Mr. Corson informing him that the privacy fence and the shed were built without the proper building permits and both were in violation of the Village of Evendale Zoning Code.
Greg Corson purchased the house in 2003 and has spent the past several years making improvements to the property. When he removed the honeysuckle that was along the existing brown, privacy fence, he discovered that the fence was in such disrepair that the only solution was to replace it. The new fence is a 36-foot white vinyl privacy fence. He chose the white fence to match the new replacement windows and trim.
Mr. Corson explained that the house is heavily skewed toward Sharondale Road and that he replaced the fence for visual privacy and to block the noise from Sharondale Road.
Notices were sent to all adjoining property owners. Two letters were received, both in opposition to the fence.
Tom Lippert explained that the Zoning Board of Appeals has responsibility to the zoning code, neighbors, and the community at large. He felt that the new privacy fence did not meet these justifications.
Mike Reed made the motion to deny the variance, with a second from Tom Lippert. The motion passed with the vote of 5 – 0.
Greg Corson, 3756 Glendale-Milford Road
Request for a variance from Section 1264.04 of the Village of Evendale Zoning Code requiring a 50-foot front yard setback in the Residential District
File #V-07-05
Section 1242 of the Evendale Zoning Code requires corner lots to have two front yards. Mr. Corson built at 160 square foot shed 17.6 feet from Sharondale Road. This places the shed within the 50-foot front yard setback.
Mr. Corson built the shed for storage of garden items because the existing garage cannot be expanded. The shed is aligned with the west side of the garage along Sharondale Road.
Two letters were received from the neighbors. One opposed the shed and the second stated that if the shed remained wood and not painted white, he had no opposition to it.
The board felt that if the fence was removed and the shed remained in the existing location, the shed would become more visible and become as obtrusive as the fence. The board agreed that the 50-foot setback would be a hardship, but would like to see the shed moved away from Sharondale Road.
Mike Reed made a motion, with a second from Lynn McCarthy, to deny the current location of the shed. A vote was taken and the motion passed 5 - 0.
The minutes of the October 3, 2007 meeting was approved as read with a vote of 5 – 0.
The meeting was adjoined at 8:30 P.M.
__________________________
Al Schutte, Chairman
Zoning Board of Appeals
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