February 13, 2012 Planning Commission Meeting Minutes

Meeting Archive

Regular meeting: February 13, 2012

A meeting of the Village of Riverlea Planning Commission was held February 13, 2012 at 5830 Falmouth Court. Members present were Michael Jones (Planning Commissioner), Jo Ann Bierman, Bryce E. Jacob, Donald P. McCarthy and Lisa J. Morris. Also present were Aaron Bakhshi, Susan Bakhshi, Steven Mershon, Village Solicitor, Jody Croley Jones, Jenny Jones, and Jacalyn Slemmer. Pamela M. Colwell served as Clerk. The Planning Commissioner called the meeting to order at 7:00 pm.

1. The minutes of the Planning Commission meeting of December 12, 2011 were not read since each member had received a copy. Bierman moved and Jacob seconded the motion that the minutes be approved as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 5, Bierman, Jacob, McCarthy, Morris and Jones: Nay, None. The Motion carried 5-0.
2. An application for a Certificate of Appropriateness and Variance Appropriateness by Aaron and Susan Bakhshi at 58 West Riverglen Drive to install a 5 foot high wood fence along the back of the yard and on both sides of the property from the front corners of the house towards the rear. A 4 foot high chain link fence will be removed. The wood fence is scalloped with the highest point at 5 feet and dipping in the middle of each section to 4 feet. The Bakhshi’s stated this is not for privacy but as a barrier to protect their children from the neighbor to the east. They said there have been repeated confrontations with this neighbor and they have 3 small children to worry about. Both have had pin land surveys done. The neighbor wrote to the Commission to object to the fence on grounds that it did not meet the specifications of the Village ordinance section 151.044(C). The Bakhshi’s said it did meet the specifications of the Village ordinance section 151.044(D)(3).The Commissioner asked the Village Solicitor for clarification. The Solicitor said the ordinance says no fence over 48″ shall be within 10 feet of the property line. However, the Planning Commission can grant a Certificate of Appropriateness and then no variance is needed. There are three exceptions that remove the need for a variance: consent of neighboring property owners, the fence is located 20 feet from any building or a certificate of appropriateness is granted. Morris asked what standard to apply in this application and the Solicitor said it is the same standard that is applied for every certificate of appropriateness. Morris asked if the Planning Commission has the discretion to issue a certificate of appropriateness under these circumstances and the Solicitor said yes.

   Morris moved and Jacob seconded the motion to approve the certificate of appropriateness for the fence as submitted. Jody Croley Jones stated that she does not see this as a replacement of an existing fence since the height and materials are not the same. She also interprets the ordinance to mean that a variance is required in this instance to give the community the opportunity to comment on it. The following vote was recorded on the motion: Yea, 4: Bierman, Jacob, McCarthy and Morris: Nay, 1: Jones. The Motion carried 4-1

The Commission took no additional action. Jacob moved and Bierman seconded a motion to adjourn. The following vote was recorded on the motion: Yea, 5: Bierman, Jacob, McCarthy, Morris and Jones: Nay, None. The Motion carried 5-0. The meeting was adjourned at 7:25 pm.