ZONING BOARD OF APPEALS
DATE: May 4, 2011
TIME: 9:00 a.m.
PLACE: Council Chambers
Chairman Robert Gilchrist called the meeting of the Zoning Board of Appeals to
order at 9:06 and asks Mr. Klinar to take the roll call.
MEMBERS PRESENT: Ken Kramer, Dr. Ramirez, Jean Wrice, Chief Brown and
Richard Klinar: First item on the agenda, B.A. Case # 09-2011 1759 East Erie Ave.
Variance requested to construct addition on side of house 3’ 8” inches from property
line. Section 1147.05 (E-1). Minimum side yard allowed in an R-1 district is 5 foot. R-1
Zoning. Mr. & Mrs. Matt Basinski, applicant.
Richard Klinar: I believe the Contractor, Mr. Majzun is here representing him.
Robert J. Gilchrist: Please stand to the microphone and state your name and
address for the record.
Chris Majzun Jr.: Chris Majzun Jr. 740 Trails End Dr. Amherst with Majzun
Robert J. Gilchrist: It looks as if you are representing the applicant looking for a
variance. Could you express what the hardship is that you need this variance?
Chris Majzun Jr.: Very simply, they want to tear down the existing porch that was
there – which is already encroaching to the variance area, and they want to put an
addition on the house on that side.
Emily Dagy: (inaudible) The dimensions as to what…
Chris Majzun Jr.: It’s actually a bit smaller than the existing.
Ken Kramer: Any concerns from the neighbors?
Chris Majzun Jr.:I have not heard any, sir.
Ken Kramer: Did you talk to them?
Chris Majzun Jr.: No. I think the owner did though. (Inaudible)
Richard Klinar: We have not received anything in the office from the neighbors as
far as any problems or issues with it.
Chief Tom Brown: That porch has been there as long as I can remember. The
current owner started to fix up the property probably about a decade ago. I am not
going to speak for the neighbors, but I would say that it will be a welcome
improvement. That porch has been there since I have been a kid.
Robert J. Gilchrist: (Inaudible) Motions?
Emily Dagy: We move to accept the variance requested to construct an addition to
the side of the house 3’ 8” inches from the property line. We would like to see this
within 30 days. Is that possible?
Chris Majzun Jr. : You would like to see what?
Emily Dagy: The new addition.
Chris Majzun Jr.: No. Start of construction maybe within 30 days, but I am not
going to have it done in 30 days.
Robert J. Gilchrist: What time frame do you need?
Chris Majzun Jr.: You could give me 90 days. I have rough prints (inaudible). So I
have to have at least 90 days.
Ms. Jean Wrice: 90 days? Ok. I second it.
Robert J. Gilchrist: We are filing a motion in supporting to approve a variance at 1759
East Erie Ave. with a typical conditions such as time frame. All those in favor?
All Board Members: Aye.
Robert J. Gilchrist: Opposed have the same right. Motion passed. Thank you, sir.
Chris Majzun Jr.: Thank you.
Richard Klinar: The next item on the agenda is BA #10-2011 7437 Deer Trail Lane
Variance requested to erect ten foot high electrified fence next to existing fence. Section
1125.04 (b)(d) (g). Two fences shall not be erected next to each other on same property
line. No fence shall be higher than eight foot in an Industrial district. No fence shall be
electrified. I-2 Zoning. Cindy Gsell, applicant for Insurance Auto Auctions.
Robert J. Gilchrist: Is the applicant present? Could you state your name and address for
the record please.
Cindy Gsell: Cindy Gsell 201 (inaudible) Carey, North Carolina. I represent – this is
Mark Gamble, and I am representing (inaudible) for Security System Company. The
Security Systems which is the company that owns the fence.
Robert J. Gilchrist: And you are requesting a variance; so if you could express the
hardship of why you need this variance.
Cindy Gsell: This is a security system that (inaudible) is a very effective crime deterrent.
The hardship being that this is a (inaudible). The inventory which is very expensive, and
highly desirable. (Inaudible) It is easily dispensable, and on the black market it’s very
easy for someone to come in (inaudible) product; an air bag or radio, and jump over the
(which is just a chain link fence) or to cut the chain link fence. This provided extra
amount of deterrent and security. To keep the property safe.
Robert J. Gilchrist: So educate me a little bit on an electric fence. Is this – if I have a
heart attack can I use it as a defribrilator? I mean..
Cindy Gsell: Good question. This fence is a 12 volt battery charge. It doesn’t plug into
the wall. It is solar panel – the battery is solar panel charged. Do you have the
documentation? Do they have the documentation?
Robert J. Gilchrist: I do not.
Cindy Gsell: I can pass these around. I have two copies.
Robert J. Gilchrist: Yeah you can (inaudible)
Robert J. Gilchrist: Get one of these to keep the rabbits out of my yard.
Ken Kramer: This fence is already up?
Cindy Gsell: It’s been up, but it has not been powered. We turned the power off once we
found out that it needed to be permitted. We are trying to do the right thing right now as
to get it permitted. That fence right there is a 12 volt battery. Solar paneled charge. So it
never plugs into (inaudible). It never pulls more than 12 volts. It’s pulsed electricity. It’s
a pulsed shock. That is one ten thousandth of a second in duration. It goes off every 1.3
seconds. It does not have that latch on effect because it is pulsed. Once you touch the
fence; if someone were to touch the fence they would jump back rather than latch on to it.
I have video if you want to see it of me touching the fence. You don’t fall or have black
or red marks on your hand. It merely is a crime deterrent. What makes that security
system work is that we post signs that state Electric Fence. Once you touch it – you don’t
want to go back and touch it again. I can tell you that, but its not we have studied – I have
presented the documentation to the Building Dept. It shows the studies from the experts
on Pulse Electricity; or the expert on Pulse Electricity in the country. He has done more
papers and studies of this product and says that this is not going to hurt anyone. If you
have a pacemaker it won’t hurt (inaudible). Any kind of problem. If you want to hurt
someone with this fence (inaudible) This is a very safe and effective deterrent. The
criminals don’t realize that this is a safe electric shock. (inaudible) The energizer doesn’t
pop it up (inaudible) that pulse for one ten thousandth of a second. But, if you don’t
understand what they system is, and you walk up and see these signs (Warning Electric
Fence) you’re probably not going to try and you will go someone else.
Robert J. Gilchrist: They’re going to know if they read the minutes of this meeting.
Cindy Gsell: That’s true. That’s why we try to keep this information (inaudible) if
Robert J. Gilchrist: Any comments from the board?
Ken Kramer: What happens if they cut fence?
Cindy Gsell: Then it becomes a burglar alarm. If the voltage is grounded or cut in any
way for more than five seconds it becomes a burglar alarm. It is a monitored burglar
alarm and it does have an audible alarm. It is also 24/7 monitored and so it calls into a
Security clearing house that dispatches to the terminal manager. It actually prevents
crime from happening and it also makes the area safer. The people will not try this area,
and it keeps your first responders from having to make extra calls. This particular site had
seven police reports. We had seven police reports in a five year period; until they
installed our fence, and then they have none.
Emily Dagy: Now do we have to go through each one of these – height of fence, the
electric nature or is it just a blanket?
Richard Klinar: You can go ahead and approve all as one unless you have – you have the
discretion to add or change things to either one of them if you wish.
Cindy Gsell: I can explain the need for all three of those things.
Emily Dagy: Oh, we fully understand.
Cindy Gsell: Ok.
Emily Dagy: I just wanted to make sure that we did not have to do each one separately.
Cindy Gsell: Ok. Thank you.
Ken Kramer: I move to grant the variance presented to erect a fence with electrified fence
to the existing fence. That takes care of the 8’ requirement to a 10’. Then the no fence
shall be electrified; that takes care of that as well – for this property.
Robert J. Gilchrist: Filing a motion to approve the variances for 7437 Deer Trail Lane.
Questions? There being none. All those in favor?
Board Members: Aye.
Robert J. Gilchrist: Opposed have the same right. Motion passed. Thank you.
Cindy Gsell: Thank you.
Robert J. Gilchrist: There being no further items to discuss this meeting of Board of
Zoning Appeals is now adjourned. The time is 9:16. The Planning Commission is
cancelled this month due to lack of items to consider.
CHAIRMAN CITY OF LORAIN ZONING BOARD OF APPEALS