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2020-08-05 - Planning and Zoning Commission - Agenda Packet Meeting of the Village of Buffalo Grove Planning and Zoning Commission Regular Meeting August 5, 2020 at 7:30 PM Fifty Raupp Blvd Buffalo Grove, IL 60089-2100 Phone: 847-459-2500 I. Call to Order 2. Open Meetings Act Compliance Pursuant to orders issued in response to the COVID-19 pandemic, this Public Hearing is closed to in-person, public attendance. The hearing is being held via Zoom web conference meeting. Please click the link to join the webinar: <https://us02web.zoom.us/j/84367840318?pwd=T24xYnpBWjEwMFlJTGNLZnF5UmFpd z09> or call in US: 13126266799,,84367840318. Password: 529814 II. Public Hearings/Items For Consideration 1. Consider a Variation to the Fence Code to Install an Ornamental Fence Which Requires a Variation to the Required Permissible Gap Between Segments of an Ornamental Fence at 1389 Radcliffe Road. (Trustee Johnson) (Staff Contact: Nicole Woods) 2. Consider a Variation to the Fence Code to Replace an Existing Fence with a 5 Foot Open Fence, Which Encroaches into Corner Side Yard Setback at 160 Copperwood Drive. (Trustee Weidenfeld) (Staff Contact: Nicole Woods) 3. Consider a Variation to the Fence Code to Replace an Existing Fence with a 6 Foot Solid Fence Installed in the Rear Yard at 634 Buckthorn Terrace. (Trustee Johnson) (Staff Contact: Nicole Woods) III. Regular Meeting A. Other Matters for Discussion B. Approval of Minutes 1. Planning and Zoning Commission - Rescheduled Regular Meeting - Jun 24, 2020 7:30 PM C. Chairman's Report D. Committee and Liaison Reports E. Staff Report/Future Agenda Schedule F. Public Comments and Questions IV. Adjournment The Planning and Zoning Commission will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons. Updated: 7/31/2020 2:59 PM Page 1 Action Item : Consider a Variation to the Fence Code to Install an Ornamental Fence Which Requires a Variation to the Required Permissible Gap Between Segments of an Ornamental Fence at 1389 Radcliffe Road. Recommendation of Action Staff recommends approval, subject to the conditions in the attached staff report. The Petitioner is proposing to install 6 segments of 18 ft in length ornamental fencing. The segments are paired together in right angles to form 3 pairs of ornamental fence on each corner. There is no gap between the segments of each pair. The code requires a gap of 20 ft, and hence a variation is required. ATTACHMENTS:  Staff Report (DOCX)  Plan Set (PDF) Trustee Liaison Staff Contact Johnson Nicole Woods, Community Development Wednesday, August 5, 2020 2.1 Packet Pg. 3 VILLAGE OF BUFFALO GROVE PLANNING & ZONING COMMISSION STAFF REPORT MEETING DATE: August 5, 2020 SUBJECT PROPERTY LOCATION: 1389 Radcliffe Road PETITIONER: Maria Wagener PREPARED BY: Rati Akash, Village Planner REQUEST: Variation to the Fence Code, Section 15.20, pertaining to Residential Districts for the purpose of installing an ornamental fence which requires a variation for a minimum permissible gap between 18 foot sections of the ornamental fence. EXSITING LAND USE AND ZONING: The property is improved with a single-family home currently zoned R5. COMPREHENSIVE PLAN: The approved Village Comprehensive Plan calls for this property and the immediate neighborhood to be single family detached. PROJECT BACKGROUND The Petitioner is proposing to install 6 segments of 18’ in length ornamental fencing. The ornamental fencing will be a 3’ open fence. There are 6 segments of ornamental fence each of 18’ in linear length which are paired together in right angles. This forms 3 pairs of ornamental fence on each corner in the corner yard at the northeast corner, northwest corner and southeast corner. There is no gap between the segments for each pair of ornamental fences. The code requires a gap of 20’, and hence a variation is required. PLANNING & ZONING ANALYSIS  The Petitioner is proposing to install a 3 foot tall ornamental fence which will be of an open style. 2.1.a Packet Pg. 4 At t a c h m e n t : S t a f f R e p o r t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o I n s t a l l a n O r n a m e n t a l F e n c e W h i c h R e q u i r e s a V a r i a t i o n T o )  There are 6 segments of ornamental fence each of 18’ in linear length which are paired together in right angles. There are 3 pairs of ornamental fence on each corner in the corner yard at the northeast corner, northwest corner and southeast corner.  These 6 segments of ornamental fence will be setback 1.5’ from the property line along Lehigh Lane and Radcliffe Road.  These 3 pairs of ornamental fence placed in the corners have no gaps between them. The minimum required ornamental fence gap must be 20’, and hence a variation is required as the minimum spacing between the proposed ornamental fences is not met as per Code.  The Petitioner has received a separate permit for a proposed 5’ solid fence in the south property line which meets Code. Variations requested An ornamental fence variation from Section 15.20.070 from the Buffalo Grove fence code states no ornamental fence shall exceed eighteen (18) feet in continuous length. No section of ornamental fencing is allowed to be placed closer than twenty (20) feet to any other section of fencing. DEPARTMENTAL REVIEWS Village Department Comments Engineering The Village Engineer has reviewed the proposed fence location and does not have any engineering or line of sight concerns or objections with the proposed location of this fence. SURROUNDING PROPERTY OWNERS Pursuant to Village Code, the contiguous property owners were notified and a public hearing sign was posted on the subject property. The posting of the public hearing sign and the mailed n otifications were completed within the prescribed timeframe as required. As of the date of this Staff Report, the Village has received four calls inquiring about the proposed fence variation, however no concerns were raised. STANDARDS The Planning & Zoning Commission is authorized to grant variations of the Fence Code based on the following criteria: 1. The plight of the owner is due to unique circumstances; 2. The proposed variation will not alter the essential character of the neighborhood; 3. There are practical difficulties or particular hardships in carrying out the strict letter of this Chapter which difficulties or hardships have not been created by the person presently having an interest in the property; and, 4. The proposed variation will not be detrimental to the public health safety and welfare. The petitioner has provided a written response to the standards for a variation which are included in this packet. STAFF RECOMMENDATION Village staff recommends approval for this variation to install 6 ornamental fences each of 18’ in linear length paired together, and these 3 ornamental fence pairs will have no gap between them provided: 2.1.a Packet Pg. 5 At t a c h m e n t : S t a f f R e p o r t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o I n s t a l l a n O r n a m e n t a l F e n c e W h i c h R e q u i r e s a V a r i a t i o n T o ) 1) The fence shall be installed in accordance with the documents and plans submitted as part of this petition. ACTION REQUESTED The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony concerning the variation. The PZC shall make a final decision on whether or not to approve the variation. Suggested PZC Motion PZC moves to grant a variation to Section 15.20 of the Buffalo Grove Fence Code to allow 6 ornamental fences each of 18’ in linear length paired together, these 3 ornamental fence pairs will have no gap between them, and will be setback 1.5’ from the property line along Lehigh Lane and Radcliffe Road Thompson provided the fence shall be installed in accordance with the documents and plans submitted as part of this petition. 2.1.a Packet Pg. 6 At t a c h m e n t : S t a f f R e p o r t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o I n s t a l l a n O r n a m e n t a l F e n c e W h i c h R e q u i r e s a V a r i a t i o n T o ) 2.1.b Packet Pg. 7 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o I n s t a l l a n O r n a m e n t a l F e n c e W h i c h R e q u i r e s a V a r i a t i o n T o ) 2.1.b Packet Pg. 8 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o I n s t a l l a n O r n a m e n t a l F e n c e W h i c h R e q u i r e s a V a r i a t i o n T o ) 2.1.b Packet Pg. 9 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o I n s t a l l a n O r n a m e n t a l F e n c e W h i c h R e q u i r e s a V a r i a t i o n T o ) Untitl ed M ap W rite a des c ription for your m ap. Legend 1389 Radc liffe Rd Corporate Grove Van Vlis s egen Feature 1 100 ft N ➤➤ N 2.1.b Packet Pg. 10 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o I n s t a l l a n O r n a m e n t a l F e n c e W h i c h Proposed 3’ open fence Proposed 5’ solid fence meets Code 2.1.b Packet Pg. 11 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o I n s t a l l a n O r n a m e n t a l F e n c e W h i c h R e q u i r e s a V a r i a t i o n T o ) During your testimony at the public Hearing you need to testify and present your case for the variance being requested. During your testimony you need to affirmatively address the four (4) standards listed below. I have completed the first one for you since it is not applicable. I have left you room to write down your statements in advance of the meeting. The Planning & Zoning Commission is authorized to grant variations to the regulations of the Fence Code based upon findings of fact which are made based upon evidence presented at the hearing that: 1. The plight of the owner is due to unique circumstances; Your Evidentiary Statement: I am located on a corner lot. I am trying to add decorative fencing to enhance my landscaping. 2. The proposed variation will not alter the essential character of the neighborhood; Your Evidentiary Statement: The proposed variation will not alter the essential character of the neighborhood. 3. There are practical difficulties or particular hardships in carrying out the strict letter of this Chapter which difficulties or hardships have not been created by the person presently having an interest in the property; and, Your Evidentiary Statement: The hardship I face is that I own a corner lot. 4. The proposed variation will not be detrimental to the public health safety and welfare. Your Evidentiary Statement: The proposed variation will not be detrimental to the public health, safety and welfare. 2.1.b Packet Pg. 12 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o I n s t a l l a n O r n a m e n t a l F e n c e W h i c h R e q u i r e s a V a r i a t i o n T o ) 2.1.b Packet Pg. 13 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o I n s t a l l a n O r n a m e n t a l F e n c e W h i c h R e q u i r e s a V a r i a t i o n T o ) 2.1.b Packet Pg. 14 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o I n s t a l l a n O r n a m e n t a l F e n c e W h i c h R e q u i r e s a V a r i a t i o n T o ) 2.1.b Packet Pg. 15 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o I n s t a l l a n O r n a m e n t a l F e n c e W h i c h R e q u i r e s a V a r i a t i o n T o ) 2.1.b Packet Pg. 16 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o I n s t a l l a n O r n a m e n t a l F e n c e W h i c h R e q u i r e s a V a r i a t i o n T o ) 2.1.b Packet Pg. 17 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o I n s t a l l a n O r n a m e n t a l F e n c e W h i c h R e q u i r e s a V a r i a t i o n T o ) Updated: 7/31/2020 1:11 PM Page 1 Action Item : Consider a Variation to the Fence Code to Replace an Existing Fence with a 5 Foot Open Fence, Which Encroaches into Corner Side Yard Setback at 160 Copperwood Drive. Recommendation of Action Staff recommends approval, subject to the conditions in the attached staff report. The Petitioner, who resides at 160 Copperwood Drive, is proposing to replace an existing 4ft wooden fence with a 5 ft open style aluminum fence which encroaches into the corner yard along Thompson Boulevard. In March of 1997, the ZBA approved a variance granting a 4ft wood fence in the corner yard along Thompson Boulevard. Since the proposed fence is 5 ft in height, a variance is required. ATTACHMENTS:  Staff Report (DOCX)  Plan Set (PDF) Trustee Liaison Staff Contact Weidenfeld Nicole Woods, Community Development Wednesday, August 5, 2020 2.2 Packet Pg. 18 VILLAGE OF BUFFALO GROVE PLANNING & ZONING COMMISSION STAFF REPORT MEETING DATE: August 5, 2020 SUBJECT PROPERTY LOCATION: 160 Copperwood Drive PETITIONER: Max Tolsky PREPARED BY: Rati Akash, Village Planner REQUEST: Variation to the Fence Code, Section 15.20, pertaining to Residential Districts for the purpose of replacing an existing fence with a 5 foot open fence which encroaches into corner side yard setback along Thompson Boulevard EXSITING LAND USE AND ZONING: The property is improved with a single-family home currently zoned R4. COMPREHENSIVE PLAN: The approved Village Comprehensive Plan calls for this property and the immediate neighborhood to be single family detached. PROJECT BACKGROUND The Petitioner is proposing to replace an existing 4’ wooden fence with a 5’ open style aluminum fence which encroaches into the corner yard along Thompson Boulevard as shown in Image A. In March of 1997, the ZBA approved a variance granting a 4’ wood fence in the corner yard along Thompson Boulevard. Since the proposed fence is 5’ in height, a variance is required. PLANNING & ZONING ANALYSIS  The Petitioner is proposing to install a 5’ open style aluminum fence, which encroaches 9 feet into the required 30 foot corner yard setback and will be setback 21 feet from the property line.  The 5’ open fence marked in red in Image A encroaches into the corner yard setback along Thompson Boulevard requires a variation. The 5’ open fence shown in blue in Image A, is within the building setback and meets code. 2.2.a Packet Pg. 19 At t a c h m e n t : S t a f f R e p o r t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 5 F o o t O p e n F e n c e , W h i c h )  The existing 4’ wooden fence is in a bad condition, and hence the Petitioner is proposing to install a 5’ open fence which will be a considerable improvement.  The proposed 5’ open fence will be located in the same location as the existing 4’ wooden fence. Variations requested A corner side yard variation from Section 15.20.040.B from the Buffalo Grove fence code states that Fences may be erected placed and maintained on corner lots to a height not to exceed six feet above ground level. No such fence shall be located nearer to any street than the building setback line. The following is a list of recently approved setback variations for corner side yard fences: Address Fence Height/Type Setback from property line 2240 Madeira Ln 5’ board-on-board 10’ from property line 545 Patton Dr 5’ board-on-board 4’ from property line 302 Ronnie Dr 5’ board-on-board 4’ from the property line 1271 Radcliffe 4’ chain-link (open) 1.5’ from the property line 2123 Sheridan 5’ wrought-iron (open) 2’ from the property line 741 Silver Rock 5’ chain link (open) 4’ from the property line 1239 Devonshire 5’ board-on-board 4’ from the property line 1295 Euclid Ave 5’ board-on-board 4’ from the property line DEPARTMENTAL REVIEWS Village Department Comments Engineering The Village Engineer has reviewed the proposed fence location and does not have any engineering or line of sight concerns or objections with the proposed location of this fence. SURROUNDING PROPERTY OWNERS Pursuant to Village Code, the contiguous property owners were notified and a public hearing sign was posted on the subject property. The posting of the public hearing sign and the mailed notifications were completed within the prescribed timeframe as required. As of the date of this Staff Report, the Village has received one call inquiring about the proposed fence variation, however no concerns were raised. STANDARDS The Planning & Zoning Commission is authori zed to grant variations of the Fence Code based on the following criteria: 1. The plight of the owner is due to unique circumstances; 2. The proposed variation will not alter the essential character of the neighborhood; 3. There are practical difficulties or particular hardships in carrying out the strict letter of this Chapter which difficulties or hardships have not been created by the person presently having an interest in the property; and, 4. The proposed variation will not be detrimental to the public health safety and welfare. 2.2.a Packet Pg. 20 At t a c h m e n t : S t a f f R e p o r t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 5 F o o t O p e n F e n c e , W h i c h ) The petitioner has provided a written response to the standards for a variation which are included in this packet. STAFF RECOMMENDATION Village staff recommends approval for this variation to install a 5 foot open fence setback 21 feet from the property line along Thompson Boulevard: 1) The fence shall be installed in accordance with the documents and plans submitted as part of this petition. ACTION REQUESTED The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony concerning the variation. The PZC shall make a final decision on whether or not to approve the variation. Suggested PZC Motion PZC moves to grant a variation to Section 15.20 of the Buffalo Grove Fence Code to allow a 5 foot open fence which would encroach 9 feet into the corner yard setback along Thompson provided the fence shall be installed in accordance with the documents and plans submitted as part of this petition. 2.2.a Packet Pg. 21 At t a c h m e n t : S t a f f R e p o r t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 5 F o o t O p e n F e n c e , W h i c h ) 2.2.b Packet Pg. 22 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 5 F o o t O p e n F e n c e , W h i c h ) 2.2.b Packet Pg. 23 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 5 Proposed 5’ open fence meets Code Proposed 5’ open fence needs variance 30’ building setback line 2.2.b Packet Pg. 24 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 5 F o o t O p e n F e n c e , W h i c h ) During your testimony at the public Hearing you need to testify and present your case for the variance being requested. During your testimony you need to affirmatively address the four (4) standards listed below. I have completed the first one for you since it is not applicable. I have left you room to write down your statements in advance of the meeting. The Planning & Zoning Commission is authorized to grant variations to the regulations of the Fence Code based upon findings of fact which are made based upon evidence presented at the hearing that: 1. The plight of the owner is due to unique circumstances; Your Evidentiary Statement: Our current fence is of disrepair and is no longer serving its purpose. 2. The proposed variation will not alter the essential character of the neighborhood; Your Evidentiary Statement: No, it will help the character of the neighborhood since the current fence is ugly and falling apart. The new fence will be sleek and more upscale. 3. There are practical difficulties or particular hardships in carrying out the strict letter of this Chapter which difficulties or hardships have not been created by the person presently having an interest in the property; and, Your Evidentiary Statement: The current fence was installed prior to us purchasing the property. The landscaping in our yard has been planted along the fence line. We are looking to replace the current fence with one in the exact same location to keep the yard looking nice. The fence is currently in disrepair and is not serving its purpose with broken gates and loose boards. We need a fence to allow us to let our large dog in the yard for exercise and to keep our children safe from wondering away into the park or running onto Thompson Blvd. 4. The proposed variation will not be detrimental to the public health safety and welfare. Your Evidentiary Statement: No, it will not. 2.2.b Packet Pg. 25 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 5 F o o t O p e n F e n c e , W h i c h ) 2.2.b Packet Pg. 26 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 5 F o o t O p e n F e n c e , W h i c h ) 2.2.b Packet Pg. 27 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 5 F o o t O p e n F e n c e , W h i c h ) 2.2.b Packet Pg. 28 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 5 F o o t O p e n F e n c e , W h i c h ) 2.2.b Packet Pg. 29 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 5 F o o t O p e n F e n c e , W h i c h ) 2.2.b Packet Pg. 30 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 5 F o o t O p e n F e n c e , W h i c h ) Updated: 7/31/2020 1:14 PM Page 1 Action Item : Consider a Variation to the Fence Code to Replace an Existing Fence with a 6 Foot Solid Fence Installed in the Rear Yard at 634 Buckthorn Terrace. Recommendation of Action Staff recommends approval, subject to the conditions in the attached staff report. The Petitioner, who resides at 634 Buckthorn Terrace, is requesting to have a 6 foot wood privacy fence installed on three sides enclosing the rear yard. Pursuant to fence code any fence greater than five (5) feet must be of an open design. As the Petitioner is proposing a solid fence greater than five (5) feet, a variation is required. ATTACHMENTS:  Staff Report (DOCX)  Plan Set (PDF) Trustee Liaison Staff Contact Johnson Nicole Woods, Community Development Wednesday, August 5, 2020 2.3 Packet Pg. 31 VILLAGE OF BUFFALO GROVE PLANNING & ZONING COMMISSION STAFF REPORT MEETING DATE: August 5, 2020 SUBJECT PROPERTY LOCATION: 634 Buckthorn Terrace PETITIONER: Steve Johnson PREPARED BY: Rati Akash, Planner REQUEST: A variation to install a six (6) foot solid fence in the rear yard EXSITING LAND USE AND ZONING: The property is improved with a single-family home currently zoned R8. COMPREHENSIVE PLAN: The approved Village Comprehensive Plan calls for this property and the immediate neighborhood to be single family detached. PROJECT BACKGROUND The Petitioner is requesting to have a 6 foot wood privacy fence installed on three sides enclosing the rear yard. Pursuant to fence code any fence greater than five (5) feet must be of an open design. As the Petitioner is proposing a solid fence greater than five (5) feet, a variation is required. PLANNING & ZONING ANALYSIS  The Petitioner is proposing to replace an existing 5 foot shadowbox fence with a 6 foot solid wood privacy fence installed on three sides enclosing the rear yard.  The Petitioner is requesting this six (6) foot solid fence to provide privacy from the Industrial District that abuts the subject property in the rear of the property. Additionally, this would provide privacy to their existing swimming pool.  Other than the variation for the height, the proposed fence meets all outlined fence code requirements. 2.3.a Packet Pg. 32 At t a c h m e n t : S t a f f R e p o r t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 6 F o o t S o l i d F e n c e I n s t a l ) VARIATIONS REQUESTED A fence height variation from Section 15.20.090.C from the Buffalo Grove fence code states that fencing material that is over five feet in height shall be of a design that is open so as to allow visibility . The following is a list of approved fence height variations in the rear yard: Address Year Approved Approved Fence Height Material and Type 466 Raphael Ave 2019 6’ Solid vinyl fence 23 Columbus Pkwy 2018 6' Solid wood fence 5 Cambridge Ct 2016 6' Solid vinyl fence 6 Strathmore 2015 6' Solid wood fence 7 Strathmore Ct 2015 6' Solid fence DEPARTMENTAL REVIEWS Village Department Comments Engineering The Village Engineer has reviewed the proposed fence location and does not have any engineering or line of sight concerns or objections with the proposed location of this fence. SURROUNDING PROPERTY OWNERS Pursuant to Village Code, the contiguous property owners were notified and a public hearing sign was posted on the subject property. The posting of the public hearing sign and the mailed noti fications were completed within the prescribed timeframe as required. As of the date of this Staff Report, the Village has received one call inquiring about the proposed fence, however no objections were expressed. STANDARDS The Planning & Zoning Commissi on is authorized to grant variations of the Fence Code based on the following criteria: 1. The plight of the owner is due to unique circumstances; 2. The proposed variation will not alter the essential character of the neighborhood; 3. There are practical difficulties or particular hardships in carrying out the strict letter of this Chapter which difficulties or hardships have not been created by the person presently having an interest in the property; and, 4. The proposed variation will not be detrimental to the public health safety and welfare. The petitioner has provided a written response to the standards for a variation which are included in this packet. STAFF RECOMMENDATION Village staff recommends approval of a variation for the installation of a six (6) foot solid fence for the property at 634 Buckthorn Terrace, subject to the following condition: 2.3.a Packet Pg. 33 At t a c h m e n t : S t a f f R e p o r t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 6 F o o t S o l i d F e n c e I n s t a l ) 1) The fence shall be installed in accordance with the documents and plans submitted as part of this petition. ACTION REQUESTED The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony concerning the variation. The PZC shall make a final decision on whether or not to approve the variation. Suggested PZC Motion PZC moves to grant a variation to Section 15.20 of the Buffalo Grove Fence Code to allow a proposed 6 foot solid fence in the rear yard provided the fence shall be installed in accordance with the documents and plans submitted as part of this petition. 2.3.a Packet Pg. 34 At t a c h m e n t : S t a f f R e p o r t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 6 F o o t S o l i d F e n c e I n s t a l ) To the Village of Buffalo Grove: 6/25/2020 Planning & Zoning Commission I’m a 38-year resident requesting a variance for fence height code along my interior lot lines as I’m planning on replacing my worn-out fence again with a 6 ft. wood privacy fence. The rear of my yard abuts up to an industrial park which already has a 6 ft. fence in place. I have a pool & hot tub and would like a little more privacy when I or my neighbor to the north are entertaining guest. Both our decks are in proximity (about 25’ apart) same level (about 1 ft above grade) and when entertaining with a 5 ft. fence in place it’s hard not to have wondering eyes. Right now, I have a 1 ft. fence topper in place on 3 sections and flower boxes on another along with vegetation to block the view. On the south side of my property my neighbor has his whole back yard planted as a wild Asian garden with very little upkeep. Neither neighbor has a problem with the extra height. Sincerely Steven W Johnson 634 Buckthorn Terrace 2.3.b Packet Pg. 35 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 6 F o o t S o l i d F e n c e I n s t a l ) 2.3.b Packet Pg. 36 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 6 F o o t S o l i d F e n c e I n s t a l ) Proposed 6’ Solid Fence 2.3.b Packet Pg. 37 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 6 F o o t During your testimony at the public Hearing you need to testify and present your case for the variance being requested. During your testimony you need to affirmatively address the four (4) standards listed below. I have completed the first one for you since it is not applicable. I have left you room to write down your statements in advance of the meeting. The Planning & Zoning Commission is authorized to grant variations to the regulations of the Fence Code based upon findings of fact which are made based upon evidence presented at the hearing that: 1. The plight of the owner is due to unique circumstances; Your Evidentiary Statement: 2. The proposed variation will not alter the essential character of the neighborhood; Installing a 6 ft. fence along my interior lot lines will only alter the scenery between my neighbors to the north & south of my property, very little can be seen from the street. A 10 ft section on the north and 4 ft section on the south with a gate. 3. There are practical difficulties or particular hardships in carrying out the strict letter of this Chapter which difficulties or hardships have not been created by the person presently having an interest in the property; and, Having a taller fence will benefit both I and my neighbor when outside entertaining guest without feeling the need to hide wondering eyes due to the proximity of our decks and to hide whatever is growing in my neighbors’ yard to the south. 4. The proposed variation will not be detrimental to the public health safety and welfare. The taller fence will only contribute to the safety and welfare due to having a pool. 2.3.b Packet Pg. 38 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n t o t h e F e n c e C o d e t o R e p l a c e a n E x i s t i n g F e n c e w i t h a 6 F o o t S o l i d F e n c e I n s t a l ) 2.3.b Packet Pg. 39 At t a c h m e n t : P l a n S e t 06/24/2020 MINUTES OF THE RESCHEDULED REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JUNE 24, 2020 Call to Order The meeting was called to order at 7:30 PM by Chairman Frank Cesario Pursuant to orders issued in response to the COVID-19 pandemic, this Public Hearing is closed to in-person, public attendance. The hearing is being held via Zoom web conference meeting. Please click the link to join the webinar: <https://us02web.zoom.us/j/88975645790> or call in US: +13126266799,,88975645790 Public Hearing/Items for Consideration 1. Consider a Variation to Allow an Accessory Structure (Generator) to Encroach into the Corner Yard Setback at 860 Port Clinton Court East. (Trustee Weidenfeld) (Staff Contact: Nicole Woods) Myra Borkan - 860 Port Clinton Ct. E - described her petition for a variation to the zoning code for a generator into the corner yard setback. Chairperson Cesario recapped her proposal for clarification. Ms. Borkan verified so losses power to her home a lot no matter the conditions outside. Com. Goldspiel asked Ms. Borkan why her power was so unstable to her home. Ms. Borkan replied that she does not know why her power goes out so frequently. She explained that she has called ComEd and they have yet to provide her a solution to her power outages. Com. Richards commented on the image on packet page 7, discussing the proposed placement of the generator. Village Planner, Akash confirmed the placement of the generator in the image. Com. Moodhe explained that he took a drive past the property and noted that there is plenty of coverage by the brim, which would shield the generator from neighbors; the houses are so spread out. Com. Au asked if the generator would be place behind or next to the brim coverage. Village Planner, Akash confirmed that the generator will be behind the brim. Com. Khan asked the petitioner where she was in the process of putting the generator out there. Ms. Borkan said that once the variation was approved she was going to have the generator installed. Com. Khan shared a personal experience. Chairperson Cesario asked the petitioners if they had anything to say in closing. Ms. Borkan thanked the commissioners. 3.B.1 Packet Pg. 40 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 4 , 2 0 2 0 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 06/24/2020 Chairperson Cesario entered the staff report as exhibit one. The public hearing was closed at 7:49 pm. Com. Weinstein made a motion to approve a variation to install a generator that would encroach 5 feet into the corner yard setback subject to the following conditions: 1) The generator shall be installed in accordance with the documents and plans submitted as part of the petition 2) Landscaping to effectively screen the proposed generator shall be maintained. Com. Richards seconded the motion. Com. Moodhe offered an apology to the petitioner for the time it took to approve the generator. Chairperson Cesario agrees and is in support of the variation and believes it is looked in a good spot. RESULT: APPROVED [UNANIMOUS] AYES: Moodhe, Spunt, Cesario, Goldspiel, Khan, Weinstein, Au, Richards, Worlikar 2. Consider a Variation to the Fence to Install a 4 Foot Board-On-Board (Shadowbox) Fence Which Encroaches into the Corner Yard Setback at 545 Patton Drive. (Trustee Johnson) (Staff Contact: Nicole Woods) Matt Huonder and Nicole Huonder - 545 Patton Drive - described their petition for a variation to the fence code to install a 4 foot board-on-board fence that encroaches into the corner yard setback. Com. Moodhe commented on the proximity to the neighbors. Mr. Huonder replied that they have spoken with their neighbor regarding the proposed fence. They even simulated what it would look like with the fence for sightline purposes and they were good. Village Planner Akash noted that engineering did review the plans and found no engineering or line of sight concerns or objections with the proposed location of the proposed fence. Com. Worlikar asked how close the fence was to the neighbor’s house referencing image A on packet page 19 as it looks like it is touching the house. Village Planner Akash said the fence is further from the neighbor’s house than it looks and provided a satellite image from google maps. Com. Au asked about the line of sight as it pertains to pedestrian traffic. Village Planner Akash explained that when engineering reviews plans for line of sight, they take into account both vehicular and pedestrian traffic. Chairperson Cesario asked staff if the property was not a corner lot, there would be not variation. Village Planner Akash confirmed there would be no variation required had it not been a corner lot. Chairperson Cesario asked the petitioners if they had anything to say in closing. 3.B.1 Packet Pg. 41 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 4 , 2 0 2 0 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 06/24/2020 Mr. and Mrs. Huonder thanked the commissioners for their time. Chairperson Cesario entered the staff report as exhibit one. The public hearing was closed at 8:05 PM. Com. Weinstein made a motion to approve a variation to install a 4 foot board-on-board fence setback 3 feet from the property line along Hawthorn Road subject to the following conditions: 1) The fence shall be installed in accordance with the documents and plans submitted as part of this petition. Com. Richards seconded the motion. Com. Worlikar, Com. Moodhe, and Chairperson Cesario all spoke in favor of the motion. Chairperson Cesario thanked the petitioners for their time. RESULT: APPROVED [UNANIMOUS] AYES: Moodhe, Spunt, Cesario, Goldspiel, Khan, Weinstein, Au, Richards, Worlikar 3. Consider a Variation to the Fence Code to Install a 5 Foot Shadowbox (Board-On-Board) Fence Which Encroaches into the Corner Yard Setback at 2240 Madiera Lane. (Trustee Weidenfeld) (Staff Contact: Nicole Woods) Edmund Dietrich - 2240 Madiera Lane - described their petition for a variation to the fence code to install a 5 foot board-on-board fence. Com. Moodhe noted that the fence fits in but also noted that there was a utility cover inside the proposed fence. Village Planner, Akash replied that the petitioners know and understand that if there was a need to access the utility, their fence may be compromised. Chairperson Cesario asked staff if this were not a corner lot, it would not need a variation. Village Planner, Akash replied yes. No variation would be required if it was not a corner lot. Chairperson Cesario asked if there were any comments from the public. Village Planner, Akash replied that there was one comment from a neighbor who said they would be on the call. Com. Worlikar asked about sight lines for the proposed fence. Village Planner, Akash replied that the petition request was reviewed by Engineering and they had no issues with the placement of the fence. Com. Goldspiel commented that the fence was not consistent with the neighborhood. Com. Au asked what the total square footage was in the blue area in image A on packet page 22. Village Planner, Akash believes it is roughly 120 square feet. The petitioner replied that area in blue reference in image A on packet page 22, is not large enough for their family gatherings and dog. 3.B.1 Packet Pg. 42 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 4 , 2 0 2 0 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 06/24/2020 Chairperson Cesario entered the staff report in as exhibit one. PUBLIC COMMENT Ms. Chn spoke in opposition to the petitioners request stating the fence did not match the neighborhood as no one has a fence. Com. Spunt noted that the fence might not match, but it would like nice. The public hearing was closed at 8:27 PM Com. Weinstein made a motion to approve the variation to install a 5 foot board on board fence setback 10 feet from the property line along Apple Hill Lane subject to the following conditions: 1) The fence shall be installed in accordance with the documents and plans submitted as part of this petition. Com. Moodhe seconded the motion. Chairperson Cesario and Com. Moodhe spoke in favor of the motion. Com. Au spoke in opposition to the motion. RESULT: APPROVED [7 TO 2] AYES: Moodhe, Spunt, Cesario, Khan, Weinstein, Richards, Worlikar NAYS: Stephen Goldspiel, Amy Au 4. Consider a Variation to the Sign Code for an Additional Wall Sign for the Jewel Osco Building at 79 McHenry Rd. (Trustee Johnson) (Staff Contact: Nicole Woods) The petitioner described their request for an additional wall sign on the west elevation of the Jewel Osco building located at 79 McHenry Road. Chairperson Cesario noted that the need for the 4th sign was to notify customers that that location was providing grocery pick-up. Com. Goldspiel asked how the grocery pick-up operation would work. The petitioner replied that the grocery pick-up operation includes 8 parking spots, each with a number and the phone number to call when you arrive. The petitioner noted that the operation of the grocery pick-up worked very well in other communities. Chairperson Cesario asked where the 8 parking spots would be located. The petitioner referred to packet page 35 to show the location of the 8 parking spot. Chairperson Cesario asked if there were any other comments. The petitioner thanked the commissioners for their time. Chairperson Cesario entered the Village staff report as exhibit one. PUBLIC COMMENT Beverly Sussman spoke in favor of the wall sign, commenting that she has used the service and the operation of the parking spots and the number system worked very well. The public hearing was closed at 8:56 PM. Com. Weinstein made a motion to recommend approval to the Village Board for a sign variation at 79 McHenry Road subject to the following conditions: 3.B.1 Packet Pg. 43 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 4 , 2 0 2 0 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 06/24/2020 1) The proposed additional sign shall be constructed in accordance to the plans and documents submitted as part of this petition. Com. Richards seconded the motion. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] AYES: Moodhe, Spunt, Cesario, Goldspiel, Khan, Weinstein, Au, Richards, Worlikar Regular Meeting Others Matters for Discussion None. Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - Mar 4, 2020 12:00 AM RESULT: ACCEPTED [7 TO 0] AYES: Moodhe, Cesario, Goldspiel, Khan, Weinstein, Richards, Worlikar ABSTAIN: Marc Spunt, Amy Au Chairman's Report Chairpeson Cesario announced Marc Spunt as a new Commissioner to the Planning and Zoning Board. Committee and Liaison Reports None. Staff Report/Future Agenda Schedule Deputy Community Development Director Woods discussed upcoming changes to the municipal code, the TIF District and upcoming items for the next meeting. Public Comments and Questions None Adjournment The meeting was adjourned at 9:01 PM Action Items Chris Stilling APPROVED BY ME THIS 24th DAY OF June , 2020 3.B.1 Packet Pg. 44 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 4 , 2 0 2 0 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s )