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Session 1703, Minutes <br />August 18, 1997 <br /> <br />Mr. Lieberman said that he wished to congratulate the Hellman's for wanting to remain in University <br />City and upgrade their home to allow their kids to have proper facilities. He did the same thing to his <br />home and it worked out great. <br /> <br />Mr. Munkel said that it was a very good design and adaptation for that piece of property. It did not <br />change the style of the house, which, he felt was very creative. He supports the plan. <br /> <br />The all aye motion carried unanimously. <br /> <br />AGENDA ITEM #5 - SITE PLAN - 7568 AHERN: <br /> <br />Mr. Ollendorff said that this site plan was considered a couple of years ago by the Council and that it <br />was denied. The applicant would like Council to reconsider. The request is to approve a six foot high <br />fence in the front yard at the front property line and the side line. The zoning code, unfortunately, <br />does not give the City Council the authority to allow this kind of a fence in the front yard. He does <br />not think that Council has any choice in the matter and will have to deny it again. <br /> <br />Ms, Jo Evelyn Williams, 7577 Ahern, said that she had a letter dated 8/14 from the Zoning <br />Administrator, Mr. Hill, which was in reference to her and her husband, Dr. Raphael Williams, putting <br />up a fence at 7568 Ahern. She also said that she had a memo written by Mr. Goldman to Mr. <br />OIlendorff, the Mayor and the City Council. She said that she had a question regarding the last <br />paragraph, which reads that "the request is contrary to the spirit and the intent of the zoning code and <br />should be denied without further consideration." She asked for an explanation of this statement. Mr. <br />Ollendorff responded that the spirit of the zoning code is to have unrestricted front yards. Any <br />improvement should be set back a certain distance from the street. The intent of the code is to <br />protect that open space and say that no fence could be constructed in a front yard. The Council does <br />not have the authority to give a variance. Mrs. Williams asked what the set back figure was. Mayor <br />Adams explained that the Council does not have the authority, even if they wanted to, to approve it. <br />Mr. Ollendorff said that the requirement of the zoning code is that the set back has to be the prevailing <br />pattern of the neighborhood, but no less than twenty-five feet. He said that he believed for their <br />neighborhood it was approximately thirty feet. <br /> <br />Dr. Williams, 7577 Ahern, said that he and his wife first brought this project to the City Council in <br />1995. The minutes from that meeting indicated that the Council did not deny the fence, but that they <br />requested, because of the magnitude and size of the house, that they come back to the Council to <br />address the issue after the house was completed. He said he was confused about this entire issue. <br />He and his wife photographed homes in the area where their home is located, which have fences. <br />The photographs were passed around to Council at this time. Mr. Williams continued saying that the <br />homes, which include 1059 Hanley, 957 Hanley, 769 Blackberry, 902 Blackberry, 903 Blackbern/, <br />7558 Ahern, all have fences in their front yards. According to the contractor, who built the Blackberry <br />homes, Council approved the fences in their front yards. Now they are being told that the Council <br /> <br /> <br />