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2000-035CO 01 ORDINANCE NO. 2000- 35 GRANTING A VARIANCE FROM SECTION 17.32.020 OF THE BUFFALO GROVE ZONING ORDINANCE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Owner of the hereinafter legally described real property, Demetrio and Kathryn Abangan, 106 Bernard Drive, Buffalo Grove, Illinois, have requested a variation from Section 17.32.020 of the Buffalo Grove Zoning Ordinance relative to the restrictions on location of accessory structures; and, WHEREAS, the Zoning Board of Appeals has held a public hearing, received testi- mony, prepared minutes, made certain findings, and has made an affirmative recommendation on said request for variation; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby determine and find that said variation is in harmony with the general purpose and intent of the Zoning Ordinance, the plight of the owner is due to unique circumstances, and the proposed variation will not alter the essential character of the neighborhood. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The preceding. WHEREAS clauses are hereby adopted by the Corporate Authorities. Section 2. A variation is hereby granted to Section 17.32.020 of the Village Zoning Ordinance to the following legally described real property: W .4 �tr Lot 246 in Buffalo Grove Unit 3, being a subdivision in the northwest 1/4 of Section 4, Township 42 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded October 3, 1958 as Document 17,364,385 Book 523, Page 13, by the Recorder of Deeds of Cook County, Illinois. The specific variation is to allow installation of an enclosed sun room to be a distance of five (5) feet from a detached garage. Section 3. This ordinance shall be in effect from and after its passage and approval. This ordinance shall not be codified. AYES: 4 - Marienthal, Braiman, Hendricks, Glover NAYS: 0 - None ABSENT: 1 - Berman PASSED: July 10, 2000 APPROVED: July 10, 2000 ATTEST: C� ' L��1u1Xi�t.6igt. L-Vlillage Clerk APPROVED: Village President -2- VILLAGE OF BUFFALO GROVE, ILLINOIS ZONING BOARD OF APPEALS - FINDINGS OF FACT ZONING VARIATION THE BUFFALO GROVE ZONING BOARD OF APPEALS HEREBY MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: 1: - A. Petitioner: Demetrio and Kathryn Abangan B. Property: 106 Bernard Drive C. Legal Description: as set forth in the mortgage release form attached hereto and made a part hereof: Exhibit "G" D. Zoning District: R -6A E. Lot Size: Front: 60.0 feet Side: 112.0 feet Rear: 60.0 feet Side: 112.0 feet 1. Characteristics of Lot: Rectangular shaped corner lot 2. Characteristics of House: 1 -story single family dwelling 3. Anything distinguishing about the house and lot: N/A II. CHARACTRRTETTCR OF SURROUNDING AREA: A. Location: Lot 246 in Buffalo Grove Unit 3 B. Similar Houses and Lots: Yes, in the same subdivision. C. Public Rights of Way: Bernard Public Sidewalk and Public Parkway D. Adjacent Lots: 1. Line of Sight: N/A A A. Zoning Ordinance, Section 17.32.020 Pertaining To: Accessory Buildings and Structures B. Petitioner requested a variance that would permit the construction of a 3- season room that would be separated from the garage by five (5) feet. C. Exhibits Depicting variation: 1. Plat of Survey: Exhibit "A" 2. Letter from John Pichman of B.J. McKay Home Centers, Inc., dated May 22, 2000 - Exhibit "D" After due notice, as required by law, a copy of said publication notice being attached hereto as Exhibit "B ", the Zoning Board of Appeals held a public hearing on Tuesday, June 20, 2000, The petitioners, Demetrio and Kathryn Agangan and their representative, John Pichman, testified at the public hearing and presented documentary evidence. No individuals testified on behalf of the applicants. No objectors appeared at the hearing. No written objections were received. The Zoning Board of Appeals finds that the Petitioner's request for a variation for the purpose of constructing meets the criteria, set forth in Section 17.52.070, in that: A.1. The plight of the owner is due to unique circumstances: a. Mr. Agangan is legally blind and has difficulty walking. The addition will bring the rear exit closer to the garage for easier access. b. Any other location would require the relocation of much mechanical equipment. A, Sb 2. The proposed variation will not alter the essential character of the neighborhood. B. Conditions or restrictions imposed: N/A C. Attached hereto and made a part hereof as Exhibit "J" are the minutes of the Zoning Board of Appeals public hearing of Tuesday, June 20, 2000. Accordingly, by a vote of 6 to 0, the Buffalo Grove Zoning Board of Appeals hereby recommends that the variation as requested by Demetrio and Kathryn Abangan, 106 Bernard Drive, for variance Zoning Ordinance, Section 17.32.020, pertaining to Location of Accessory Buildings and Structures, that would permit construction of a 3- season room that would be separated by five (5) feet from the garage. DATED - June 20, 2000 VILLAGE of BUFFALO GROVE, IL ZONING BOARD OF APPEALS BY: Bruce Entman,Chairman in considerations of the payment by full satisfaction of the debt secured by KATHRYN L. ABANGAN, DEMETRIO D. ABANGAN, MARRIED TO EACH OTHER \ as Mortgagor, and recorded on 09 -05 -78 as document number 24612679 in the Recorder's Office of COOK County, and assigned to LaSalle Bank, FSB by assignment dated N/A and recorded as document number N/A the undersigned herebbed real property mortgage which formerly_ encumb Legal description enclosed herewith Commonly known as 106 Bernard Dr, Buffalo Grove IL 60089 PIN Number 03041100270000 The undersigned hereby warrants that it has full right and authority to Release said mortgage either as original mortgagee, as successor in interest to the original mortgagee, or as attorney -in -fact under a duly recorded power of attorney. Dated December 04, 1997 LaSalle Bank, FSB by RE201 014 G61 Loan icing O icer aye P. SP�R�IK FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE FILED WITH THE RECORDER OF DEEDS IN WHOSE OFFICE THE MORTGAGE OR DEED OF TRUST WAS FILED. 9857,408 $iG9i0%33 1 ��� page 1 �a . 1998 -0 ? —Q6 12=51%42 - 400k CMAAy Recorder -D. DU '^ SATISFACTI013 OF ORTGAGE . .. _.. -OK L � No 417366 -0 s� � N J� a etrio D Abangan _ hryn L Abangan RECORDER After R �r3i g Mail to JESSE it" HTE DEMETRIO ABANGAN 106 BERNARD DR i s,+ R .'_ .ti , s ROLt.� "n r--A -1001 E� BUFFALO GROVE, IL 60089 in considerations of the payment by full satisfaction of the debt secured by KATHRYN L. ABANGAN, DEMETRIO D. ABANGAN, MARRIED TO EACH OTHER \ as Mortgagor, and recorded on 09 -05 -78 as document number 24612679 in the Recorder's Office of COOK County, and assigned to LaSalle Bank, FSB by assignment dated N/A and recorded as document number N/A the undersigned herebbed real property mortgage which formerly_ encumb Legal description enclosed herewith Commonly known as 106 Bernard Dr, Buffalo Grove IL 60089 PIN Number 03041100270000 The undersigned hereby warrants that it has full right and authority to Release said mortgage either as original mortgagee, as successor in interest to the original mortgagee, or as attorney -in -fact under a duly recorded power of attorney. Dated December 04, 1997 LaSalle Bank, FSB by RE201 014 G61 Loan icing O icer aye P. SP�R�IK FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE FILED WITH THE RECORDER OF DEEDS IN WHOSE OFFICE THE MORTGAGE OR DEED OF TRUST WAS FILED. Plat of Survey OF PROPERTY DESCRIBED AS: Lot 246 in ec Buffalo Grove Unit 3 being a subdivision in the Northwest Quarter of Stion 4, township d2 North, Rang! 11 East of the Third Principal Meridian, according to the Plat thereof recorded October 3, 1958 as Docuaumt 17364385 in Book 523 of Plats, page 13 by the Recorder of Deeds in Cook County, Illinois. ZONING WMD OF AppeA1 B EXHIBIT._ CeO.O L-OT tz N �4 r A WED N ZONOGxEVIEW 4z 371 Zjj ENREVIEW o , BY Dsls E•�EI`t`1,�,2D D2. DUNDEE ENGINEERING (312)426 -2929 Dundee, 1111uois Scale: Ordered: Einhorn 6 Picklin Owner: Kohn Page: 42 -11 -4C Job: 18867M STATE COUNTY or UNBOIS as I v _ 7- 78 I b b C rtify that I have s=oled th aaat:ad corresel�rirt7 and that the p���t ... ... /�j:0., r presents said surv* -, •���;•': PHILIP K. WHITEHOU I11lnoii Land 8 No 35 1596 t urveyor 035 -1596 . % .... ,• �JS+ .. D t4Nl• L L McKay Nome Comore, lac. 1800 R Norris Drive Phase (81534 -2256 Fax(915)434-3899 ZONING SUKKU OF r,rrr.K May 22, 2000 2 EXHIBIT Village of Buffalo Grove 50 Raupp Blvd Buffalo Grove, IL 60089 ATTN: Zoning Board of Appeals To The Board, Please accept this letter on behalf of Demetrio & Kathy Abangon. They are requesting relief from the ordinance that requires at least ten feet between the main residence and an out building. The reason that this has become an issue is that they would like to put a 12' x 14' Sunroom Addition on the back of their home. The only logical location for this room is off their back door and in this location it will be encroaching into the ten foot setback appremLaaately,4feet. The Abangons are long time residents of Buffalo Grove and are as concerned about the appear- ance and safety of their neighborhood as anyone else. However, it is their belies; that this particular situation will not infringe on any other citizen's rights, or the looks of the neigh- borhood. The addition will be built to code in every other aspect and will be aesthetically pleasing. To move the location of the room would also create undue financial hardship. The heating exhaust, the electrical service, the central air conditioning unit, and the exterior plumbing would all have to be relocated. The expense involved in this would make the whole project cost prohibitive. The location of the new addition will also act as the new rear exit from the home and with the closer proximity to garage it will enhance Demtrio's access to the Garage as he is legally blind and has difficulty walking. As for Kathy, she works the Village of Buffalo Grove at the Fire dept. and at the end of a long day, she is looking forward to relaxing in her new Sunroom. Thank you in advance for your thoughtful consideration in this matter. Sincerely, John Pichman ZONING BOARD OF APPEALS EXi iiolT TO: ZONING BOARD OF APPEALS COMMISSIONERS FROM: EDWARD SCHAR Building Commissioner DATE: June 2, 2000 DATE OF PUBLIC HEARING: Tuesday, June 20, 2000 7:30 P.M. — Council Chambers Village Hall, 50 Raupp Boulevard RE: 106 Bernard Drive, Demetrio and Kathryn Ahangon Zoning Ordinance, Section 17.40.020 Construction of addition se arated from the gAKage hy 5 feet Attached please find the documents and exhibits that have be submitted for the following variance: Request is being made by Demetrio and Kathryn Abangon, 106 Bernard Drive, for variance of Zoning Ordinance, 17.40.020, pertaining to Area, Height, Bulk and Placement Regulations, for the purpose of constructing an 11' x 16' addition that will be separated from the garage by exactly five (5) feet. Notice of this public hearing was published in the Daily Herald on Wednesday, May 31, 2000. If you have any questions regarding this matter do not hesitate to contact me at 459 -2530. Edward Schar ES /sb attachments ej A document was signed by contiguous neighbors who have no objection to the fence was submitted. The Sholls back yard is a gathering place for the neighbors' children and the fence provides security for all the children. T.he Village Engineer's Review, dated June 9, 2000, states: "We have reviewed the line of sight requirements at the subject location. The proposed fence does not affect the line of sight." Ch. Entman asked what Tru-Link said about the mis- placement of the fence being past the building line? Mrs. Sholl said Mr.Levine's original response was that the fence was installed according to the survey. They have agreed to move the fence if the variance request is not approved. She added that moving the fence would create a hardship because it would leave holes on the outside of the fence, they would have to eliminate one entry gate and their sprinkler heads would probably have to be moved again. Ch. Entman asked the Sholls if they are aware that the fence is actually 5'3" to the top of the grade and the posts are 6'2" in height. This had been confirmed upon subsequent inspection. Mr. Sholl said when he applied for the permit, Ken (Lehmann) was assisted him in marking the plat of survey on the building line. He submitted the original permit card and copy of the approved permit. Tru -Link was given the survey and the fence was installed. They paid extra for the PVC. They are happy with the fence and would like to keep it as it was installed. Mike. Levine told him this afternoon that someone would be at the meeting. Mrs. Sholl said they would have applied for a variance if they knew it was required. Mrs. Janice Dlatt, 360 Foxford Drive, (house next door) was present. She said the fence is beautiful and the fence keeps her safe children because it keeps them from going into the street. She has talked to many of the other neighbors and none of them object to the fence. The fence does not obstruct the view driving from either direction. Com Krakauer made the following motion: I move we grant the request of Stuart and Suzie Sholl, 370 Foxford Drive, for variance of Fence Code, Section 15.20.040, pertaining to Residenital Districts, that would permit the existing 6 foot 2 inch PVC fence to remain as constructed, past the building line along Foxford Drive. Unique circumstances having been demonstrated, the fence is not detrimental to the public health, safety and welfare; and would not alter the essential character of the neighborhood. Com.Windecker seconded the motion. Roll Call Vote: AYE — Teplinsky, Krakauer, Horwitz, Windecker, Lesser and Entman NAY —None ZONING BOARD OF APPEALS Motion Passed — 6 to 0. Findings of Fact Attached. The existing fence is permitted. G. 106 Bernard Drive, Demetrio and Kathryn Abangan EX i ' r I T Zoning Ordinance, Section 17.32.020, Accessory Buildings and Structures Construction of 3-season c_nnroom to be =aratted from the garage by five f {5 f) � Mr. John Pichman, McKay Home Centers, Inc. 1800 E. Norris Drive, Ottawa, IL 61350; 847 -541 -5616. Kathryn and Demetrio Abangan were sworn in. Notice of the public hearing was published in the Daily Herald on May 31, 2000. ZONING BOARD OF APPEALS JUNE 20, 2000 — PAGE EIGHT Mr. Pichman described the proposed 3 season sunroom. The design is based on the location of the rear entrance of the house and the placement of the garage. The addition has been revised to meet the maximum separation of five (5) feet between the principal structure and the garage. It will be 11 feet by 16 feet. The exterior will match the existing house and will be unheated Any other location of the garage would require the relocation of much of the mechanical equipment. Mr. Abangan is legally blind and has difficulty walking so the addition will bring the rear exit of the house closer to the garage for easier access. The Commissioners had no objections There were no comments from the audience. Com. Windecker made the following motion: I move we recommend to the Village Board of Trustees, that the request of Demetrio and Kathryn Abangan, 106 Bernard Drive, for variance of Zoning Ordinance, Section 17.32.020, pertaining to Accessory Buildings and Structures, be granted that would permit construction of an 11 foot by 16 foot 3- season sunroom that will be separated from the garage by five (5) feet. The exterior of the addition will match the existing building and materials are to be of like kind and quality. Addition to be built in accordance with plans submitted to and approved by the Village. Petitioner having exhibited unique circumstances and hardship, the addition will not alter or be detrimental to the essential character of the neighborhood. Com. Horwitz seconded the motion. Roll Call Vote: AYE — Teplinsky, Krakauer, Horwitz, Windecker, Lesser and Entman NAY — None Motion Passed — 6 to 0. Findings of Fact Attached. Item will be on the July 10, 2000 Village Board Agenda Permit may be issued the following day. H. 51 Raupp Boulevard, Public Works Building per the Police Department Sign COd. Section — 0 foot inflal& a hAUMSecti n�.010 — 0 foot inflal&k hAtt�,�,,, Sargent Steve Haisley, Crime Prevention/Buffalo Grove Police Department, Community Relations Unit, was sworn in. Notice of the public hearing was published in the Daily Herald on May 31, 2000. Sgt. Haisley described the 30 foot McGruff balloon and said they want to use it during Buffalo Grove Days to call attention to the display and promote safety. It will be located on the west side of the public works building south of the driveway. near the overhead door. It will be deflated every night. The Commissioners had no objections and there were no comments from the audience. Com. Teplinsky made the following motion: I move we recommend to the Village Board of Trustees, that the request made by Sargent Steve Haisely, Crime Prevention Buffalo Grove Police Department, Community Relations Department, be granted that would permit variance of Sign Code, Section 1420.020 pertaining to Residential Districts, for the purpose of displaying a 30 foot inflatable balloon at the Public Works Building, 51 Raupp Boulevard on September 2, 3, and 4, 2000. Petitioner having demonstrated unique circumstances, the proposed variance is recommended pursuant to Sign Code, Section 14.44.010 Sub - section A. ZONING BOARD OF APPEALS JUNE 20, 2000 — PAGE NINE VILLAGE OF BUFFALO GROVE ORDINANCE N0. 2000- ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROV THIS DAY OF 2000 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & Lake Counties, Illinois, this day of 2)000 Village Flerk By Deputy Village Clerk ORDINANCE NO. 2000- 35 GRANTING A VARIANCE FROM SECTION 17.32.020 OF THE BUFFALO GROVE ZONING ORDINANCE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Owner of the hereinafter legally described real property, Demetrio and Kathryn Abangan, 106 Bernard Drive, Buffalo Grove, Illinois, have requested a variation from Section 17.32.020 of the Buffalo Grove Zoning Ordinance relative to the restrictions on location of accessory structures; and, WHEREAS, the Zoning Board of Appeals has held a public hearing, received testi- mony, prepared minutes, made certain findings, and has made an affirmative recommendation on said request for variation; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby determine and find that said variation is in harmony with the general purpose and intent of the Zoning Ordinance, the plight of the owner is due to unique circumstances, and the proposed variation will not alter the essential character of the neighborhood. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The preceding WHEREAS clauses are hereby adopted by the Corporate Authorities. Section 2. A variation is hereby granted to Section 17.32.020 of the Village Zoning Ordinance to the following legally described real property: Lot 246 in Buffalo Grove Unit 3, being a subdivision in the northwest 1/4 of Section 4, Township 42 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded October 3, 1958 as Document 17,364,385 Book 523, Page 13, by the Recorder of Deeds of Cook County, Illinois. The specific variation is to allow installation of an enclosed sun room to be a distance of five (5) feet from a detached garage. Section 3. This ordinance shall be in effect from and after its passage and approval. This ordinance shall not be codified. AYES: 4 - Marienthal, Braiman, Hendricks, Glover NAYS: 0 - None ABSENT: 1 - Berman PASSED: July 10, 2000 APPROVED: July 10, 2000 ATTEST: Ty'� &41� illage Clerk APPROVED: Village President -2- i