Zoning Board of Appeals - Regular Meeting

city can tell you what you can do with your property and what you can't do. So, uh we understand that and with that in mind, I encourage you to be at ease. We're your fellow citizens and we're here to try to help you out uh with with what you want to do with your property and uh we're generally friendly people, but we're going to need your help a little bit tonight, too. So, um, our zoning code was recently updated a couple years ago and, uh, it provides for a process where if the strict enforcement of the code would cause, uh, an applicant a partic practical difficulty, there's a there's a around that and uh, you probably read that when you when you filled out your uh, application for the the variance. Um, in order for us to grant the variance, as I said, it's up to you. we need some help from you to show us that that strict enforcement would cause you a practical difficulty uh with with what you want to do. And uh you can you can help us out with that by tonight in your testimony showing us credible evidence um that the strict enforcement of the code would cause you that that practical difficulty. Not just that you have too many cars to fit in your driveway or that you want to make something look pretty or you want more privacy in your backyard, but something we can kind of get our teeth in. That's that uh credible evidence part of that. So, um it it involves uh something that's not within your control, the slope of the the lot that your property is on or the shape of the lot or that sort of thing, something unique to you. So, please keep that in mind as you you testify uh tonight. Um as we proceed, I'll I'll read the request uh for the record. uh the city's planning director or planning technician will give um a summary of of your request in the applicable applicable sections of the code. Um you will then be invited to come to the podium uh and and tell us what it is that you feel that practical difficulty is that you're faced with with the

strict enforcement of the code. We ask that you state your name, your address, and speak into the microphone for us. Um, and then after, pardon me, after that, uh, anybody else who would like to offer testimony either for or against your request will be invited to do so. And then the public comment period for the the hearing will close. And, uh, members of the comm commission may have questions for you. And um, and then eventually the board will either approve your request, deny your request, approve it with conditions, or table it. and we may ask for additional information from you. Um, appeals of the decisions of the board may be made to the Wood County Court of Common, please. As such, this is a quasi judicial judicial proceeding. Um, you will be asked to swear an oath to tell the truth. There's a court reporter present who will will take a record of the proceedings and um, we will we will just move on from there. If you haven't already, there's a sign-in sheet at the back. And at this time, if you plan to testify or think that you may testify, would you please stand and raise your right hand? I do solemnly swear that the testimony that I give in this matter this evening will be the truth, the whole truth, and nothing but the truth. So help me, God. And we do.

Okay. Very good. All right. Um, we have only one matter this evening and it's from Justin Herman. 904 Country Club Drive has requested a variance to allow an already constructed 6-ft fence to remain in place which is approximately 14 in taller than the 6ft maximum height allowed in the northeast corner due to the gaps from the bottom of the fence to the existing grade level. Heather or Chase or Chase is going to um cover the case tonight, but I just wanted to welcome Bob McCumber here. Sorry.

Um this is his first meeting. Uh Julie Broadwell um decided to to resign. Um so Bob is representing planning commission on the ZBA. So thanks for doing that, Bob. We appreciate it. Um not all of you probably knew that. So it kind of happened quickly. So we wanted to just welcome Bob. Thank you. My apologies, Bob. That was the first thing that I hadn't written down at the top of the agenda and I just overlooked it. Oh, no problem. Glad to be here. Hope I can be of call. Roll call. Strike two. Mr. Secretary, please call the role. Jerry Anderson, yep, here. Jeff Crawford here. Tim Emerick here. Rod Noble here. David Fleger here. Bob Mccumber here. Jay Sachman here. I missed a month last month, so I forgot how this all works. I apologize.

Okay, now Chase.

All right, so this one's a little different than normal when we talk about fence height. Um, normally when we talk about fence height, it's um that being taller than average. Um, it's because they the fence went taller. This one's different because we're talking about great from height to top of the fence. But we're going to get into that. But for fences in 150.79 section A, except when fences are required by this zoning code for screening, a fence shall not exceed heights indicated in table 25, which is the next slide. Um section B. A fence height at a given location along a fence line shall be the difference in elevation between the grade at the base of the fence and the top of the fence at that location. The grade at the base of the fence shall be the elevation of the ground surface before mounding or building up of the ground surface if any occurred. Um if a fence occurs along a terrace portion of earth such as a retaining wall, its height is measured from the higher ground elevation. So for side and rear yard which is the applicable to this um particular case it is a six foot um tall maximum and we just want to mention um for this one this this fence did receive a zoning permit and also a pool. So they received a permit for both um but we want we wanted to mention section 150.44G uh specifically about swimming pools. Um, ingground swimming pools and recreational ponds shall be enclosed with a solid fence at least 4 feet in height with a self-closing gate. That was done. Um, and a solid fence though with its definition is a fence which has a gap no greater than 4 in in dimension. The reason reason why we bring that up is because the gap underneath the fence is we believe large enough for someone or like a child to fit underneath it. Um, that's why we wanted to make sure we emphasize this. I'm going to read the property history letter to you all. So, this letter is to provide additional background information on the variance request for an already constructed 6ft fence to remain in place, which is

approximately 14 in taller than the 6ft maximum height allowed in the northeast corner due to the gaps from the bottom of the fence to the existing grade level. The property was approved for two permits to install a new pool and fence on March 27th, 2025. Those are exhibits A in your packets. Um, it is the a requirement that an ingground pool be surrounded by a solid fence with self- latching gates below as an aerial view of the property. In late August, it was observed that the inground pool have been installed, but no fence had been erected around the pool. On September 2nd, a letter was sent to the property owner advising that it had been observed that the pool had been installed, but there was no fence, either permanent or temporary, to act as a safety barrier. That is, that letter is exhibit C. In midepptember, it was observed that a fence had been erected, but the northeast corner was noticeably above grade. On September 16th, a letter was sent to the property owner advising them of the gap below the fence on the northeast side. The letter further notified the property owner that the gap cannot be filled in and that the fence will either have to be lowered to follow the contour of the land or a variance will have to be requested. That letter is exhibit D. On October 23rd, an application was filed requesting a variance from the zoning board of for the zoning board of appeals. Uh lastly, u I wanted the board to be aware that 904 country club country club drive has no history of receiving any variance. I will now read you the letters that we received. We received two letters. One is in the packet. One was received that is not in the packet. These letters are from this first letter is from Amanda Lam Master and Kelly Glasco at 944 945 Country Club Drive in Bowling Green. Dear Council of the Zoning Board, I am writing as a homeowner who resides across the street from 904 Country Club Drive and has a clear view of the property and fence. I want to express my support for allowing the existence existing fence to remain at its current height. While I

understand that the fence exceeds the original permitted height, I believe the finished structure is visually pleasing and contributes positively to the character of the neighborhood. From my perspective, across the street, the fence appears well constructed and proportionate, adding to the overall aesthetic appeal of the property rather than detracting from it. If the fence were to be shortened to meet the original height requirement, it would likely result in an uneven or unfinished appearance. This would not only diminish the attract attractiveness of the fence but it's itself but could also detract from the visual harmony of the surrounding homes. Additionally, asking the homeowners to dismantle and rebuild a well-crafted fence would be unnecessary and disruptive to the neighborhood's appearance and continuity. In my view, the current fence height uh enhances rather than harms the visual landscape of our street. I respectfully urge the board to consider allowing the fence to remain as it stands. Thank you for your time and consideration. Sincerely, Amanda the Master and Kelly Glasco. The second fence second fence second letter which is not in the packet we that we received um is printed out and was given to you all is from Valerie Scheler at 910 Country Club Drive. Uh dear Miss Aaylor, my name is Valerie Scheler and I live in the property to the north north of and adjacent to the Herman property. I am writing to voice my opinion on the variance for the Herman fence height. It amazes me that there is even any question on this matter to have installed the fence following the topography of the land in order to maintain the 6ft height of the fence would have resulted in an eyesore of a fence. Perhaps on a larger scale with a different type of fence the the meandering height of a fence following the land might be pleasing to the eye. However, the way the Hermans installed the fence, although over the 6ft prescribed limit, provides a visually attractive fence line. Had your letter not informed me, I would not have even

noticed the fence was over 6 ft tall. I just see a very, very nice looking white vinyl fence. I know Justin and his friends and family installed the major portion of the fence, and they worked diligently to be sure that it was level across the top, providing a uniform fence line. I am wholeheartedly in favor of granting a the variance as the fence is very attractive as is. I would hate to see first of all the amount of work it would take to bring the fence into compliance of the 6oot limit and secondly the visually unappealing fence that would result. Should you have any questions or wish to speak with me, my phone number is 419-5750799. Thank you for consideration of my opinion. Sincerely, Valerie Scheler. Those were the two letters that we received. Um, I would also though like to read the email provided by our city engineer, Brad Hullman in this matter. It looks like the zoning code clearly states that the height is measured from the existing ground surface elevation before any mounding or buildup would occur. I would discourage any mounding as even slight grade changes will likely cause drainage issues for the homeowner or the adjacent properties. There is a catch basin located just outside this fence fence area that is that likely serves as this homeowner's uh serves this homeowner's property. Installing a mound under a mount underneath the fence would create a barrier preventing storm water from getting away leading to standing water. Maintaining the original ground surface helps to preserve the intended drainage path. Please let me know if you have any questions. Thank you Brad Hullman. And that was our city engineer. Here we're going to get to some im imagery. So this is an aerial view of the property. More aerial images of the property. This is the front of the home

side. This is the rear of the home. Now these pictures are were taken before the pool was installed. This is the front of the home. And here you can see images of the fence in question. Um the northeast corner particularly where you can see the large gap underneath the fence. And there is an image with a tape measure from the bottom of the fence to the to the ground which will be which is considered grade. And this is just an image from the approved uh permit for the pool and the fence and an advertisement was placed in the newspaper of general circulation as required. A site notice was placed at the site. The other notices required by the administrative code were posted in proper time and location. A letter was mailed first class mail to the tax mailing address of the owner and joint property owners. Therefore, all procedural requirements for this hearing have been met.

Thank you, Chase. Who from the applicant would like to speak first? If you come up to the podium and again, please speak into the microphone and state your name and your address for the record. My name is Justin Herman. I am the owner of 904 Country Club Drive. Um, I'm here to, I guess, explain why the fence is the way it is. Um, I, as it says in the description, made sure that it was level all the way across. Um, because I thought it would be unopleasing to the eye to the neighborhood to see a fence follow the grade of the ground uh, with the waves. Um, as they stated also in the article that there is a uh, drainage, which is why the fence is so high in that area. And um I guess if it if it is approved to the I'm not done I guess with that. So it will like the gaps under the fence would be fixed.

Anything else? That's it. Any questions from the board for Mr. Herman? Are you going to fix the gap freshman? Um, I was going to bring in fill dirt that they said I couldn't do yet until um or because of the variance. If he had brought in fill dirt to begin with, then put this up and put that exact fence up, we wouldn't be here tonight, would we? No. No. But he'd also have had trouble with the drainage because the city engineer states that

city basin right there and also plans to when they bring in field dirt to run a drain along the back end of the pool over to there. So standing water and artificial grass would be going back there. So all that drain was going to be pitched towards that drainage with a additional drain. Now, Chaser, Heather, correct me if I'm wrong, but I believe the code says that that height is established from the grade prior to any fill being installed. Is that correct? That is correct. So, Jerry, does that make sense to you? Yep. Okay. So, Jerry's question, the answer to Jerry's question is yes. Correct. It he'd have been okay. No. No.

No. Because he'd have done it before the measurement was original, not after. Is that do you understand the height of the fence is determined from the grade prior to any fill or grading being done prior to anything pool wise right I don't know about that I think it specifically addresses fences but any other questions I'm struck by the safety issue of um because when I visited that I wasn't um I was looking mostly at that distance there. But when you think about the pool inside, a child could definitely get under that fence, couldn't they?

Yeah. Yeah. Would you be willing to do some type of barriering? Not dirt, but an interior line of a small fence that would prevent somebody crawling through or even a type of a shrub that's not easily penetrated by a small kid trying to get through there. Yes. I mean something like that would because to me the safety aspect is what was striking like you just said and if you mitigate that problem I can't see a problem because the fence looks great. I mean it really really does. Are you saying to instead of like don't put dirt down because my I guess what I

fix the problem like that. The plan was to bring dirt to the code which was 4 in below the bottom of the fence. obviously can't do that right now. So, if it was approved, yes, I would put something in there temporarily, but to also let you guys know that the the pool is completely anchored in the concrete cover that uh people can walk on right now. So, that aspect of the safety is covered. I've also have three kids, so their safety is important as well. But yeah, if if you don't want dirt or if I could add dirt later.

Yeah, I'm not saying either way. I think to mitigate the safety aspect from me to at least two members of the board mentioning it is to figure out a way to prevent that you using an interior fencing of some kind that would look nice. Yeah. Or some type of a shrubbery that's hard to penetrate through there. I mean, I don't have the answer what it is. I could use I could put another fence like a interior fence I mean, our code, you can't really put a shrub up according to our code. It's got to be a fence for for a pool. Correct. That's correct. It has to be a solid fence. And a solid fence by definition has 4 in in space between the gaps. Thank you. Okay. Well, yeah. Thank you.

But isn't is my understanding though you're going to mitigate this problem in the future with dirt and a drain? Yes. I was going to do before I I guess knew the rule. I was going to right bring in dirt this past summer and then I was informed that I had violated a rule. So now I'm here. I'm sorry. What what what did the engineer again say about the

I just want to clarify that again. So, the email I received from Brad Homeman, who's the city engineer, um, he said, "It looks like the zoning code clearly states that the height is measured from the existing ground surface elevation before any mounting or buildup would occur. I would discourage any mounding as even a slight grade changes will likely cause drainage issues for the homeowner or adjacent properties. There is a catch basin located just outside this fenced area and likely serves this homeowner's property. Installing a mound underneath the fence will create a barrier preventing storm water from getting away leading to standing water. Maintaining the original ground surface helps to preserve the intended drainage path. Please let me know if you have any questions. And the drainage the catch basin if you look at the picture is I'm not sure my cursor can get to it.

Nope. But it is the third post in going that'd be to the west and it's about 2 to 3 feet off the post. I can you can't take it down right now. So, it's right there and filled with dirt. I swear I've seen these before there.

Any other questions? Can I play devil's advocate for a second? You did level across the top and I appreciate that. Uh, you clearly these are those are separate panels. Each one is a panel that goes between the uprightes. Is that correct, Sten? Yes. Yep. Yeah. They slide right in there. I swear I have seen these before where you have a level look to it and you you can't take it down at an angle because I see the pattern within the panel is is is a perpendicular. If you took three four panels and lowered them all in level together to make them legal, is that a terrible thing? Repeat that. If you took the panels that are illegal because the ones up out of the house are not the problem.

Correct. If you take those last panels and lower them all by the exact same amount so that is still level, would that be a huge issue? I'm just looking here. He He's pretty much saying like the last four panels dropped them down 6 in or whatever going the other way. They they also raised the yard up substantially when they put the pool in. So it's on the interior of the fence as well. You can you have like a whole head of space that you can see right over the fence. Like if you're if my kids are a little bit older, they could probably climb right out the six foot fence. Okay.

Do I understand that you installed the fence yourself? You did not use a contractor. Correct. So I I guess I just need some clarification because to to me the safety risk is real and there's seems like practical solutions to negate that. But can you run me again through what what's the plan to mitigate the safety risk? Bring in dirt. But isn't that not to do that? Yeah. Okay. Did Did I understand you to say, sir, that you were going to your intention was to put a drain on the inside of the fence that would lead toward the catch bas? Yes.

And then you put then you put dirt in the gap. So you've closed the gap and you you maintain the drainage. Correct. It was your intention.

Correct. And I I understand what the engineer is saying, but that uh that basin is also filled to the top with dirt. So, it's there's going to be dirt there as well inside. And it I mean, it's not like that we go around the city cleaning out the basins everywhere. See, I myself would uh feel better if the city engineer would be okay with him doing that, but otherwise, I would be okay with you putting a a fence underneath there. That would be the most ideal thing myself is is putting like a six inch barrier fence

because then it would alleviate the problem of you having to put a drain in there if you were willing to do and amend it to stating that you would be willing to put a barrier fence on the inside. That'd be very amenable because then the safety aspect has been taken. That's it. Yeah, I could do that. Any other questions? Okay, you you can have your seat back. We'll close the public comment part of the hearing first. Anyone else from the gallery have any sir? Please come up and state your name and address for the record.

Good evening. My name is Scott Schuler. I live directly north of the Herman's property at 910 Country Club Drive. That is my backyard of my garden that you see in the picture there. That catch basin is also in my yard. uh which I do maintain in the spring. Uh Justin is right. It's full of debris and stuff at this time, but in the spring I pop that uh grade out and it's only about 3 ft deep and uh suck the leaves and all that stuff out so that catch basin will be usable if he uh decides to uh put in some type of additional drainage. Um, as stated in the the one letter that you read was from my wife, uh, we are wholeheartedly in favor of allowing them to keep the the fence the way it is, uh, granting them the, uh, uh, whenever they need the easement. Not an easement, I'm sorry. But, uh, we we really like the look of the fence after they put it up. Um, so we would really prefer that it stays the way it is now. And that's all I have.

Okay. Thank you. Questions? Thank you. No sir. Anyone else? Thank you. Okay. Now we'll close the public comment portion. Um any conversation amongst us here? Not like I said, if he were to agree to a fencing on the inside just in those areas that would prevent somebody from crawling under it, I'd be okay with this leaving it like it is. Jay,

I Yeah, that's I mean that's what I stated. if there's a um some sort of interior fence barrier that way then he I mean he still might want to grade. I mean that's up to him but uh I'd feel better uh safety aspect if the small kid would crawer long as he amends it tonight. Jerry um I think I've had my say. Tim. Yeah. Unless the safety aspects addressed, I would not support it.

I It's a quandry for me, too. I The fence looks nice. I have the identical fence. As a matter of fact, I have a a bigger grade change than you do, and we did follow the contour of the land, and it it looks fine to me. However, um I do have a concern about the safety as the others have have stated. And I think that's uh the reason why the code says that uh pools will be fenced in and there won't be more than a 4-in gap at the bottom of the fence is for that very reason. And uh that that one I have a I do have an issue with. Um the overall height I don't care about 14 in that much. There's nothing in the the seven criteria that I look at that you you should have seen when you you applied. Um one through five I don't have any problem with. It's a fine looking fence. Uh whether it can be uh obiated through some other method that's number six. Um certainly it can be lowered to where there's no more than a 4-in gap. It's not for us to say I don't believe that uh you can't bring in fill or run some storm drain to a catch basin that allegedly isn't even functioning. I you know I don't know how we can get involved in that. Um number seven, whether or not the spirit and intent of the zoning requirement is is observed. Um that one I have a little bit of a problem with too. And again it all goes back to safe safety. It's not how it looks. Um there have been some suggestions, some discussion about other fences, different materials and so on so forth. I think if you recall the workshop that we had with the city attorney, that's not up to us to make those recommendations. It's up to the applicant to come back to us with an alternate plan. So that's just for

general comments. Jeff, I I agree with you. I I like the look of the fence. Um, if I'm understanding this right, he's he can mitigate this how he wants to with dirt whether the engineer likes it or not. And that's not really up to us. And I I can't find it right now. I thought I read in here he has to fix the gap for that's outside of our even if we approve it as is with no changes, doesn't he have to fix that gap for a safety reason? Isn't that in here regarding fences? Um yes, the gap would have to be fixed because at this point the fence is not in compliance. So that rather we say yes to this as is. He has to fix that gap.

Yes. Okay. So given that I don't I'm perfectly good with this request as presented knowing that that problem is going to be solved. That safety issue is going to be solved one way or the other. And I I lived at 945 Country Club. These are the be the only two properties that would be affected. The two letters that we have and the gentleman testified that would have a problem with it visually if it were if it came down to something like that. So I I intend to support the request. Back up a second. He would have to fill that gap based on what? I'm not

This is an ordinance about six feet tall. Where in it does it say that gap has to be closed? It's because when it comes to the uh a pool has to be surrounded by a solid fence and a solid fence cannot have a gap of more than 4 in and the gap that's underneath under underneath the fence as is from the bottom of that fence to grade in certain areas is 14 in down to 11 in. But if we approve this, it's it's almost saying, "Oh, he doesn't really have to fix it."

Let me put it to you another way. If the fence were six feet high in compliance with height, but there was an 8 inch gap at the bottom, would he be here? I mean, I'm hearing that he's got to fix the fence no matter what the height of the fence or fix the gap no matter what the height of the fence. I thought we were we were looking at granting a variance not only on the height, but on the on the the gap at the bottom. I thought it was overall height. I thought it was height, too. I don't think I would have if you're if you need to need to come up to the microphone if you want to speak, please.

So, we wrote it based on height. Um the gap. We put him on clear notice with those letters that were in your packet that that is in violation and we were giving him time to deal with the height issue. Um but we did our part by putting him on notice with the code and he was aware of that gap being a violation. So he's trying to correct, you know, kind of at a plan A and then a plan B, but he's aware that that gap needs fixed. So we aren't concerned with the gap at the bottom of the fence. We're only concerned with the height of the fence. Correct. Big difference. That is a big difference. I support one, but not the other. So So I'm I'm all confused now. But the gap is going to be fixed.

Correct. City is going to require that no matter what. Yes, we are concerned with the gap. Correct. Okay. I mean, we're concerned with it, but we, like I said, the board, we're not concerned with it, Justin. We're good on that. Okay. Thank you. So, no matter what we do, the city's going to take get make sure the gap gets taken care of. Yes. Yes. Okay. There's my issue. Well, in that case, 14 in doesn't seem, you know, it's a nice looking fence. Okay. Not a thing. This is kind of a tough one to start out at your welcome to work.

Um I I want to did want to ask a question about the there was talk about the Mr. Herman putting a I guess a low fence on the interior to cover up the the gap the 14inch gap. Is that what we were discussing at one point? We were but inside fence would I asked Chase and Heather would would that's would that be in compliance with the law or we would still be in violation of the law with that uh solution. If you would grant the variance for the height then the fence would be able to remain as is um because it's above grade. So if you would put another fence smaller one on the inside then that would solve the gap issue. Well as long as it's as long as

a solid fence. Yes. which we don't care about, right? No. Okay. For the gap is going to be fixed one way or another. Our decision is to whether to grant a variance that allows the the fence to be more than six feet tall from the ground measured to the top of the fence. Yes. Yes. Correct. Yes. Okay. Get your question answered. Okay. Yeah. Okay. Anything else? When care to make a motion for the disposition of this case? I'll move. A second. Second.

Moved by Mr. Sachman, seconded by Mr. Anderson. There any further discussion? If not, Mr. Secretary, would you please call the role? Jerry Anderson, yes. Bob McCumber, yes. Jeff Crawford, yes. Tim Emer, yes. Brad Noble, yes. David Fer, yes. Jay Sachman, yes.

Okay. Your variance request has been approved and he's got the permit, right? So, he doesn't need to come see you guys. So, you're good to go. All right. Any uh lobby visitations this evening? Right. Anything else from the board? Like to wish you all a very merry Christmas and a happy new year and we'll see you in January. Maybe there a motion for adjournment. So moved. Second. I second. All those in favor say I. I. We are adjourned.