2020-08-19 - Planning and Zoning Commission - Agenda Packet
Meeting of the Village of Buffalo Grove
Planning and Zoning Commission
Regular Meeting
August 19, 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, which permits the public to fully participate in the virtual Public
Hearing via Zoom on a computer, tablet or phone. Details on how to access and
participate in this online virtual hearing are available below. More information
pertaining to the meeting information and links to the virtual meeting can be found at
<https://us02web.zoom.us/j/84729970232>
You are invited to a Zoom webinar.
When: Aug 19, 2020 07:30 PM Central Time (US and Canada)
Topic: PZC 8-19
Please click the link below to join the webinar:
<https://us02web.zoom.us/j/84729970232>
Or iPhone one-tap :
US: +13126266799,,84729970232# or +13017158592,,84729970232#
Or Telephone:
Dial(for higher quality, dial a number based on your current location):
US: +1 312 626 6799 or +1 301 715 8592 or +1 929 436 2866 or +1 346 248 7799 or +1
669 900 6833 or +1 253 215 8782
Webinar ID: 847 2997 0232
International numbers available: <https://us02web.zoom.us/u/kbLUAHmrLB>
II. Public Hearings/Items For Consideration
1. Consider a Variation for an Accessory Structure at 1551 Rachel Lane (Trustee Johnson)
(Staff Contact: Chris Stilling)
2. Consider a Variation for an Accessory Structure at 692 Hickory (Trustee Weidenfeld)
(Staff Contact: Chris Stilling)
3. Consider a Variation for a Fence at 3 Crestview Terrace (Trustee Johnson) (Staff
Contact: Chris Stilling)
4. Consider a Variation for a Fence at 741 Shady Grove (Trustee Weidenfeld) (Staff
Contact: Chris Stilling)
III. Regular Meeting
A. Other Matters for Discussion
B. Approval of Minutes
1. Planning and Zoning Commission - Regular Meeting - Aug 5, 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 Disabili ties 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: 8/14/2020 2:35 PM Page 1
Action Item : Consider a Variation for an Accessory Structure at
1551 Rachel Lane
Recommendation of Action
Staff recommends approval
The Petitioner is requesting for a swimming pool (accessory structure) which exceeds the permissible
rear yard coverage for accessory structures.
ATTACHMENTS:
Staff Report (DOCX)
Plan Set (PDF)
Trustee Liaison Staff Contact
Johnson Chris Stilling, Community Development
Wednesday, August 19, 2020
2.1
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VILLAGE OF BUFFALO GROVE
PLANNING & ZONING COMMISSION
STAFF REPORT
MEETING DATE: August 19, 2020
SUBJECT PROPERTY LOCATION: 1551 Rachel Lane
PETITIONER: David & Lydia Swirsley
PREPARED BY: Rati Akash, Village Planner
REQUEST: A variation for a swimming pool (accessory structure) which
exceeds the permissible rear yard coverage for accessory
structures.
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 requesting variation for a swimming pool (accessory structure) which exceeds the
permissible rear yard coverage for accessory structures.
A swimming pool structure is considered an accessory structure. Accessory structures are allowed to cover
not more 20% of the rear, and hence a variation in this case as installing the swimming pool will exceed
the minimum rear yard coverage for accessory structures.
PLANNING & ZONING ANALYSIS
The Petitioner is proposing an aboveground
swimming pool with an 18’ diameter and occupies
approximately 254 square feet of area in the rear
yard.
The rear yard coverage measures approximately
2,589 square feet of area in total.
There is presently one existing accessory structure
in the rear yard which is a deck, and this deck
occupies approximately 518 square feet of area.
The swimming pool (accessory structure) meets
all other requires for setbacks and height.
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With the proposed swimming pool and the existing deck, the total area of the accessory structure will
be 606 square feet. The total rear yard coverage of the accessory structure in the rear yard is 23.37%.
The addition of the proposed swimming will require a variation to allow the accessory structures to
exceed 3.37% of the required 20% rear yard coverage.
Variations requested
An accessory building or structure as per Section 17.32.020.F shall not occupy more than twenty
percent of the rear yard in residential districts.
DEPARTMENTAL REVIEWS
Village Department Comments
Engineering The Village Engineer has reviewed the proposed swimming pool and no
objections on the location.
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 objections were expressed.
STANDARDS
The Planning & Zoning Commission is authorized to grant variations of the Zoning 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 the purpose of installing an 18’ diameter swimming pool in the
rear yard which will exceed 3.37% of the required rear yard coverage provided. The pool 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.
2.1.a
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Suggested PZC Motion
PZC moves to grant a variation to Section 17.32 of the Buffalo Grove Zoning Code to allow for a proposed
18’ diameter swimming pool in the rear yard which exceeds 3.37% of the rear yard coverage. The pool
shall be installed in accordance with the documents and plans submitted as part of this petition.
2.1.a
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Proposed Swimming Pool
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Response to Standards
1. The plight of the owner is due to unique circumstances;
Your Evidentiary Statement:
The requested variance is to house a 15’ swimming pool that our children have used for exercise
and entertainment during the world pandemic.
2. The proposed variation will not alter the essential character of the neighborhood;
Your Evidentiary Statement:
Our request, if granted will not change or alter the character of the neighborhood.
We will remain compatible with adjacent properties. It will not decrease our property value or
the values of our neighbors.
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:
Our request, if granted, will not be detrimental to property or improvements in the neighborhood
in which the property is located and the proposed variation will not impair or increase the
congestion of public streets, endanger public safety, or diminish or impair property values within
the neighborhood. There will be no hardships created by us as the homeowners.
4. The proposed variation will not be detrimental to the public health safety and welfare.
Your Evidentiary Statement:
Public health, safety and welfare will not be affected as this variance is being requested to house
a 15’ round swimming pool in private back yard. The requested variation will not impair,
inconvenience or endanger our neighbors or others in the neighborhood.
2.1.b
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Updated: 8/14/2020 2:31 PM Page 1
Action Item : Consider a Variation for an Accessory Structure at 692
Hickory
Recommendation of Action
Staff recommends approval
The Petitioner is requesting for a variation to keep the existing swimming pool (accessory structure) which
exceeds the permissible rear yard coverage for accessory structures.
ATTACHMENTS:
Staff Report (DOCX)
Plan Set (PDF)
Trustee Liaison Staff Contact
Weidenfeld Chris Stilling, Community Development
Wednesday, August 19, 2020
2.2
Packet Pg. 39
VILLAGE OF BUFFALO GROVE
PLANNING & ZONING COMMISSION
STAFF REPORT
MEETING DATE: August 19, 2020
SUBJECT PROPERTY LOCATION: 692 Hickory Drive
PETITIONER: Tricia & Dan Kaput
PREPARED BY: Rati Akash, Village Planner
REQUEST: A variation for an existing swimming pool (accessory structure)
which exceeds the permissible rear yard coverage for accessory
structures.
EXSITING LAND USE AND ZONING: The property is improved with a single-family home currently
zoned R5A.
COMPREHENSIVE PLAN: The approved Village Comprehensive Plan calls for this property
and the immediate neighborhood to be single-family detached.
PROJECT BACKGROUND
In June 2020, the Petitioner received a Notice of Violation from
the Village regarding the existing installed pool. After which,
the Petitioner applied for the swimming pool permit and a
variance. The Petitioner is seeking to keep the existing pool in
the same location.
The Petitioner is requesting for a variation to keep the existing
swimming pool (accessory structure) which exceeds the
permissible rear yard coverage for accessory structures.
A swimming pool structure is considered an accessory
structure. Accessory structures are allowed to cover not more
than 20% of the rear yard, and hence a variation is required as
the installed swimming pool exceeds the minimum rear yard
coverage for accessory structures.
PLANNING & ZONING ANALYSIS
The Petitioner has installed an over the ground swimming
pool with a 15’ diameter and occupies approximately 176
square feet of area in the rear yard.
2.2.a
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The rear yard coverage measures approximately 3,933 square feet of area in total.
In addition to the swimming pool, there are two existing accessory structure in the rear yard which is
a detached garage and a lean-in structure. The detached garage occupies approximately 446 square
feet of area, and the lean-in structure occupies approximately 219 square feet.
The swimming pool (accessory structure) meets all other requirements for setbacks and height.
With the existing swimming pool, detached garage and lean-in structure, the total area of the
accessory structure will be 842 square feet. The total rear yard coverage of the accessory structure in
the rear yard is 21.41%.
The addition of the proposed swimming will require a variation to allow the accessory structures to
exceed 1.41% of the required 20% rear yard coverage.
Variations requested
An accessory building or structure as per Section 17.32.020.F shall not occupy more than twenty
percent of the rear yard in residential districts.
DEPARTMENTAL REVIEWS
Village Department Comments
Engineering The Village Engineer has reviewed the proposed swimming pool and no
objections on the location.
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 existing swimming pool in the rear yard, however no objections were
expressed.
STANDARDS
The Planning & Zoning Commission is authorized to grant variations of the Zoning 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.
2.2.a
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STAFF RECOMMENDATION
Village staff recommends approval for the purpose of allowing a 15’ diameter swimming pool in the rear
yard which will exceed 1.41% of the required rear yard coverage. The pool shall be 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 17.32 of the Buffalo Grove Zoning Code to allow for an existing
15’ diameter swimming pool in the rear yard which exceeds 1.41% of the rear yard coverage. The pool
shall be in accordance with the documents and plans submitted as part of this petition.
2.2.a
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July 24, 2020
Members of the Planning & Zoning Commission,
Please accept this letter as our request for a zoning variance to meet the requirements for a 15’ round
above ground swimming pool located on our property.
The hardship that would result from denial of this variance request for us may sound small, but the
health and well-being for our family who rely on the swimming pool for exercise and fun would be taken
away. The kids are home with their senior citizen grandmother as we both are labeled “essential
workers” in Health Care and Education. It has brought so much joy to our family during the world
pandemic.
The swimming pool is located in a fenced backyard and was installed with the full support of our
neighbors who also enjoy the pool. If requested, we would be able to provide letters that attest to that
upon your request.
Your support in the approval of the application for this variance would be greatly appreciated.
Sincerely,
Daniel & Tricia Kaput
692 Hickory Dr.
Buffalo Grove, IL
269-547-7748
2.2.b
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Existing Swimming Pool
2.2.b
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Response to Standards
1. The plight of the owner is due to unique circumstances;
Your Evidentiary Statement:
The requested variance is to house a 15’ swimming pool that our children have used for exercise
and entertainment during the world pandemic.
2. The proposed variation will not alter the essential character of the neighborhood;
Your Evidentiary Statement:
Our request, if granted will not change or alter the character of the neighborhood.
We will remain compatible with adjacent properties. It will not decrease our property value or
the values of our neighbors.
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:
Our request, if granted, will not be detrimental to property or improvements in the neighborhood
in which the property is located and the proposed variation will not impair or increase the
congestion of public streets, endanger public safety, or diminish or impair property values within
the neighborhood. There will be no hardships created by us as the homeowners.
4. The proposed variation will not be detrimental to the public health safety and welfare.
Your Evidentiary Statement:
Public health, safety and welfare will not be affected as this variance is being requested to house
a 15’ round swimming pool in private back yard. The requested variation will not impair,
inconvenience or endanger our neighbors or others in the neighborhood.
2.2.b
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Updated: 8/14/2020 2:43 PM Page 1
Action Item : Consider a Variation for a Fence at 3 Crestview
Terrace
Recommendation of Action
Staff recommends approval
The Petitioner is requesting for a variation to keep the 6' solid fence in the rear yard. Pursuant to the
fence Code any fence greater than 5' must be of an open design. As the Petitioner has installed a solid
fence greater than 5', a variation is required.
ATTACHMENTS:
Staff Report (DOCX)
Plan Set (PDF)
Trustee Liaison Staff Contact
Johnson Chris Stilling, Community Development
Wednesday, August 19, 2020
2.3
Packet Pg. 68
VILLAGE OF BUFFALO GROVE
PLANNING & ZONING COMMISSION
STAFF REPORT
MEETING DATE: August 19, 2020
SUBJECT PROPERTY LOCATION: 3 Crestview Terrace
PETITIONER: Dipa Patel (Magan Patel representing the Petitioner)
PREPARED BY: Rati Akash, Village Planner
REQUEST: A variation for an existing six (6) foot solid fence installed on the
subject property.
EXSITING LAND USE AND ZONING: The property is improved with a single-family home currently
zoned R3-A.
COMPREHENSIVE PLAN: The approved Village Comprehensive Plan calls for this property
to be single family detached.
PROJECT BACKGROUND
In July 2019, the Petitioner received a permit for a 6’ shadow-box fence on the subject property. Instead,
a 6’ solid wood fence was installed, which was found in the final inspection conducted in February, 2019.
The Petitioner is requesting for a variation to keep the 6’ solid fence in the rear yard. Pursuant to the fence
Code any fence greater than 5’ must be of an open design. As the Petitioner has installed a solid fence
greater than 5’, a variation is required.
PLANNING & ZONING ANALYSIS
The Petitioner is requesting to
keep the existing 6’ solid fence
enclosing the rear yard on all
three sides, and in the side yards
enclosing the house.
The Petitioner has noted that the
6’ solid fence is for privacy.
The subject property abuts a
multi-family residential
development.
Other than the variation for the
height, the proposed fence
meets all outlined fence Code requirements.
2.3.a
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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
634 Buckthorn Ter 2020 6’ Solid vinyl fence
460 Raphael 2019 6’ Solid vinyl fence
605 Patton Dr 2019 6' Solid vinyl fence
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 vinyl 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 notifications were
completed within the prescribed timeframe as required. As of the date of this Staff Report, the Village has
received three calls inquiring about the fence variation, however no concerns have been 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.
2.3.a
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STAFF RECOMMENDATION
Village staff recommends approval for this variation to allow for an existing 6’ solid wood fence installed
on the subject property. The fence shall be 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 for an existing
6’ privacy fence on the subject property. The fence shall be in accordance with the documents and plans
submitted as part of this petition.
2.3.a
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Date: 07/08/20
Planning and Zoning Commission
Village of Buffalo Grove
Buffalo Grove, IL
To whom it may concern,
I am applying for a fence variance on my property of 3 Crestview Terrace, Buffalo Grove, IL
60089. I had a failed fence inspection that was conducted in February of 2020 for a fence that
was installed in August 2019. The permit number related to this is 2019-0001442.
To provide a background as to what occurred, our fence contractor made a mistake and did not
communicate it with us. Per our contract with the fence company, the company was responsible
for obtaining the appropriate permit and inspection from the village, and then build the fence
according to village guidelines. Although we had requested from the fence company that a 6-ft.
privacy fence built on northeastern portion of our yard, we had specified that only be done with
the appropriate approval from the village and following the village guidelines. We were under
the impression that the contractor built it after obtaining the appropriate permits.
The reason we are requesting a 6-ft. privacy fence on the northeastern portion of our property is
for several reasons. First, the northeastern portion of our property borders a multi-family
complex. We have very little privacy since the parking lot comes up to the end of our property
line. As a result, there is constant foot traffic and the tenants/visitors of the complex have direct
view into our yard as well as into our home. We cannot leave the curtains open in our back to get
natural light as then there is direct view into our home. Second, since there is a 6-ft. metal fence
already in place for the multi-family complex, if ours is 5-ft., it would be visually unappealing
and not be aligned with the fence of the adjacent property.
We apologize for any mistakes that were made. However, we are hoping a variance can be
permitted to allow us a 6-ft. privacy fence in the northeastern portion of our property.
Furthermore, due to COVID, I am granting permission to Magan Patel to act as my agent in this
matter to attend any hearings.
Sincerely,
Dipa Patel
Contact Information
Owner-Dipa Patel 773-290-9903; email- dipabrandon@gmail.com
Agent- Magan Patel 847-651-9840; email- maganmpatel@gmail.com
2.3.b
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Existing 6’ fence that requires a variance
2.3.b
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Date: August 14, 2020
To: Village of Buffalo Grove Planning and Zoning Commission
From: Dipa Patel
Re: Request for Zoning Variance per Section 15.20.110 of the Village Code and any other
applicable Code relating to variance for fence on subject property.
Property: 3 Crestview Terrace, Buffalo Grove, IL 60089
Evidentiary Statement
1. The plight of the owner is due to unique circumstances.
In June 2019, we entered into a Proposal and Contract with a fence contractor to build a privacy
fence as the border of our back yard adjoins the parking lot of a two story, multi-family apartment
complex. We were advised by the contractor that the Village could allow a fence to be built up to six
feet in height. We then requested of the fence contractor that a six foot fence be built on the
northeastern portion of our back yard i.e. along the border of the back yard which adjoins the parking
lot, however, subject to approval by the Village. We told the contractor we wanted the fence to be in
accordance with all applicable Village ordinances. Per the Proposal and Contract, the contractor was
responsible for obtaining the appropriate permit and inspection from the Village, and thereafter,
proceed with construction of the fence according to Village ordinance. The permit was obtained by the
contractor and the fence was constructed in August 2019. We were under the impression that the
contractor had obtained approval for the plan submitted by the contractor to the Village which
specifically identifies a six foot fence along the back yard border adjoining the parking lot complex. In
February 2020, we were advised by the Village that an inspection revealed that the section of the fence
which is six feet in height was not in compliance with the Village Code, although the other sections of
the fence running along the sides of our home, which are five feet in height, were in compliance with
the Village Code. Because of COVID-19 we have been working with the Village remotely to address this
matter.
2. The proposed variation will not alter the essential character of the neighborhood.
The proposed variation will not in any way alter the essential character of the neighborhood.
Before our fence was built, there was already in place (and now parallel and adjacent to our fence), a
chain link fence which in certain areas exceeds the height of the fence we constructed (refer to photos).
The decorative fence which we built adds character to the neighborhood and provides a privacy screen
for the benefit of our family and also for the incidental benefit of the tenants of the apartment complex.
The fence we constructed also minimizes pedestrian and vehicular noise, and light emanating from
headlights of cars that shine light into our back yard when pulling into parking spaces situated along the
fence line.
2.3.b
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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.
Per the photos provided in support of this request for variance, we have expended a significant
amount of money to have the fence constructed. Moreover, we have planted a series of bushes along
the fence at significant additional cost which have already taken root. Having to tear out the fence and
the bushes, and build a new fence would cause financial hardship and also be disruptive to the
neighborhood. We did not create the ordinance violation. Rather, we requested of the fence contractor
that the fence be built according to Village ordinance and believed that such was the case until advised
otherwise by the Village.
4. The proposed variation will not be detrimental to the public health safety and welfare.
The fence is neither a safety hazard nor a public nuisance. The fence does not interfere with the
telephone lines, electrical lines, or any other utility. The fence enhances the welfare of the
neighborhood in providing privacy for the adjoining properties.
2.3.b
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Planning and Zoning Commission
Village of Buffalo Grove
Buffalo Grove, IL
Dear Ms. Rati Akash,
Furthermore, due to the fact that I have an infant at home I am granting permission to Magan
Patel to act as my agent in this matter to attend any hearings. I will try my best to join the Zoom
meeting as well, however, given the time of the meeting and limited resources to help me care
for my baby due to COVID, I may be unable to join and would like ensure that an agent to
represent me is present. I have passed along the details of the meeting to Mr. Magan Patel.
Sincerely,
Dipa Patel
Contact Information
Owner-Dipa Patel 773-290-9903; email- dipabrandon@gmail.com
Agent - Magan Patel 847-651-9840; email- maganmpatel@gmail.com
1600 Blackthorn Drive,
Glenview, IL 60025
2.3.b
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Updated: 8/14/2020 2:42 PM Page 1
Action Item : Consider a Variation for a Fence at 741 Shady Grove
Recommendation of Action
Staff recommends approval
The Petitioner is requesting for a variation to keep the 6' solid fence in the rear yard. Pursuant to the
fence Code any fence greater than 5' must be of an open design. As the Petitioner has installed a solid
fence greater than 5', a variation is required.
ATTACHMENTS:
Staff Report (DOCX)
Plan Set (PDF)
Trustee Liaison Staff Contact
Weidenfeld Chris Stilling, Community Development
Wednesday, August 19, 2020
2.4
Packet Pg. 84
VILLAGE OF BUFFALO GROVE
PLANNING & ZONING COMMISSION
STAFF REPORT
MEETING DATE: August 19, 2020
SUBJECT PROPERTY LOCATION: 741 Shady Grove Lane
PETITIONER: Christopher Park
PREPARED BY: Rati Akash, Village Planner
REQUEST: A variation for an existing six (6) foot solid fence installed on the
subject property.
EXSITING LAND USE AND ZONING: The property is improved with a single-family home currently
zoned R4-A.
COMPREHENSIVE PLAN: The approved Village Comprehensive Plan calls for this property
to be single family detached.
PROJECT BACKGROUND
In June 2020, the Petitioner received a permit for a 6’ shadow-box fence on the subject property. Instead,
a six (6) foot solid wood fence was installed, which was found in the final inspection conducted in the
same month.
The Petitioner is requesting for a variation to keep the 6’ solid fence in the rear yard. Pursuant to the fence
Code any fence greater than 5’ must be of an open design. As the Petitioner has installed a solid fence
greater than 5’, a variation is required.
PLANNING & ZONING ANALYSIS
The Petitioner is requesting to keep the
existing 6’ foot solid fence enclosing the
rear yard.
The Neighbor on the South at 731 Shady
Grove Lane has a 6’ solid fence in the
south section of the rear yard of the
subject property marked in blue.
The existing wooden fence has minimal
spacing of approximately ¼” and hence
considered a solid fence.
Oher than the variation for the height,
the proposed fence meets all outlined
fence Code requirements.
2.4.a
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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
634 Buckthorn Ter 2020 6’ Solid vinyl fence
460 Raphael 2019 6’ Solid vinyl fence
605 Patton Dr 2019 6' Solid vinyl fence
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 vinyl 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 notifications were
completed within the prescribed timeframe as required. As of the date of this Staff Report, the Village has
received two calls inquiring about the fence variation and has raised concerns, however no concerns have
been 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.
2.4.a
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STAFF RECOMMENDATION
Village staff recommends approval for this variation to allow for an existing 6’ foot solid wood fence
installed in the rear yard of the subject property. The fence shall be 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 for an existing
6’ privacy fence on the subject property. The fence shall be in accordance with the documents and plans
submitted as part of this petition.
2.4.a
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To Planning & Zoning Commission,
Hello, my name is Christopher Park.
My current address is 741 Shady Grove Ln., Buffalo Grove, IL 60089.
I have requested a fence permit through Village of Buffalo Grove and received the permit on June 8th of
2020.
My permit number: 2020-00000801
Permit Description: Install 6’ board on board fence
Due to pandemic crisis with COVID-19 situations, my family and I have decided to install with new 6’
wooden fence. This decision has made because I would like my family (2 years old and a newborn) to be
safely secured within our property. I have heard a lot of bad things going on from all the news (scams,
robbery…etc.) from last couple of months.
Since this is my first home bought last year, overall process was not familiar to me.
I have received a permit for 6’ Board on Board fence and have received an approval for posthole
inspection from village of Buffalo Grove. But I have received “failed” notification on our final inspection.
Failed Reason:
“Fence installed not per permit board on board.
Fence is solo fence gap between board are 1/8” – ¼”.
Minimum gap shall be ¾ of an inch.”
Since this was my first project at home, I really thought that if you have any small gap between the
boards, it is board on board fence and not as a whole Board to Board Fence.
Also, I really thought that Board to Board or solo fences were to have no gap and should be made
plastic.
Also, I really didn’t know and it was my misunderstanding for board on board fence, that it should
have minimum gap between ¾”.
When I first looked up at Google.com for board on board fence, it showed an image as below which I
believed it is the same design as I have worked on my project (Board on Board Fence).
2.4.b
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Concern:
I have reached out to Village of Buffalo Grove and one of the ladies (staff) explained nicely about the
situations on my new installed wooden fence.
She also told me to request for a Variance to try to keep what it is currently installed at my home.
Since it was my first project working on installing this new wooden fence to keep our family safe, I
wanted to have the same materials and with same height with my neighbor.
Currently, it is really hard for me to take my time to work again on this new fence due to multiple pain
points. I have been going to Chiropractor for neck and back pains.
Also, I have been working full time starting this week and during free time, I have to support my wife
and kids (2 year and a newborn baby).
Lastly, behind installed wooden fence on the right and back, it still has a neighbor’s wired fence.
So, it will be really hard to work around this fence. We asked the neighbor’s about the opinion of our
fence and they have said that it looks great.
Please help us and see below pictures provided for reference.
Sincerely,
Christopher Park
847-275-4839
Cpark416@hotmail.com
Neighbor’s Wired Fence
2.4.b
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Existing 6’ solid fence that requires a variance
Neighbor’s 6’ solid fence
Image A
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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: We have no backyard privacy. Due to pandemic crisis with COVID-
19 situations, my family and I have decided to install with new 6’ wooden fence. This decision
has made because I would like my family (2 years old and a newborn) to be safely secured
within our property. I have heard a lot of bad things going on from all the news (scams,
robbery…etc.) from last couple of months in other towns. A 6’ wooden fence in back and side
yard gives us privacy and a safe place for our children to play outside. We also desire protection
for our children.
2. The proposed variation will not alter the essential character of the neighborhood;
Your Evidentiary Statement: Our left side neighbor already installed 6’ board to board fence
years ago. Our fence would be in keeping with those that are already part of the character with
our neighbor. A new fence will improve the look of our overall property.
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: We lack privacy in the backyard. In our backyard, left side has been
already installed with 6’ board to board fence. Back and right side of the backyard has a wired
fence. There is no privacy between the three homes (2 homes connected at back side and one is
connected to the right side). Additionally, as stated above, we lack the safety that a wired fence
provides our children to play outside. We only wanted to have the same material and look with
our left side neighbor’s 6’ board to board fence.
4. The proposed variation will not be detrimental to the public health safety and welfare.
Your Evidentiary Statement: No, the variance will not be detrimental to public health safety or
welfare.
2.4.b
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08/5/2020
MINUTES OF THE 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, AUGUST 5, 2020
Call to Order
The meeting was called to order at 7:30 PM by Chairman Frank Cesario
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
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)
Petitioner Maria Wagener at 1389 Radcliffe Rd described the petition to install an
ornamental fence which requires a variation for a minimum permissible gap between the
ornamental fence sections.
Com Goldspiel requested clarification on the ornamental fence and the reasoning behind
the 20’ gap.
Village Planner, Rati Akash, gave an explanation of the ornamental fence Code which
relates to this case in particular.
Com Goldspiel then requested the definition of the ornamental fence.
Village Planner, Rati Akash, stated the definition of the Code being an open style fence
up to 4’ in height, with only 18 feet sections which must be 20 feet apart.
Com Au gave everyone some historical context of when the ornamental fence Code was
adopted where a continuous fence in the corner yard did not serve the purpose of
decorative fencing.
Com Weinstein asked the petitioner about how she would achieve privacy for this fence?
Also, if the Petitioner were to put a continuous fence around the yard it would be
inconsistent with the intent of the proposed fence?
Petitioner Maria Wagener clarified that the proposed fence was more for enhancing the
existing landscaping. The Petitioner agreed the continuous fence would not be
aesthetically pleasing, and hence only the corners have enhanced.
Com Moodhe requested the height of the landscaping and expressed concerns about line
of sight at the curb along both Radcliffe Road and Lehigh Lane.
Petitioner Maria Wagener described the landscaping which would be proposed.
3.B.1
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Deputy Director of Community Development, Nicole Woods said that the fence does not
cause any line of sight issues. If any issues with landscaping arises, we would work
directly with the Petitioner.
Com Au asked whether the image in the Staff report was representative of the proposed
fence, and asked if the Petitioner had reduced the sections 9 foot sections that it would
have met Code.
Village Planner Rati Akash mentioned the image is representative of the fence, and
confirmed that if the proposed sections were 9 foot it would not have required a
variance.
Chairperson Cesario asked if the Neighbors raised any concerns about the proposed
fence.
Village Planner Rati Akash mentioned a lot of calls were received however no concerns
were raised.
Com Khan asked whether the chain link on the Neighbor’s property will remain. Also,
that the fence is being proposed near south property line on the utility easements.
Petitioner Maria Wagener mentioned that the chain link will be removed.
Village Planner, Rati Akash mentioned that that the 5 foot fence near the south property
line will be looked into by Staff. The ornamental fence will not be an issue on the
proposed locations.
Com Goldspiel requested clarification on the ornamental fencing in front yard.
Chairperson Cesario and Village Planner, Rati Akash clarified the definition of the
ornamental fencing in context with the front yard.
Com. Weinstein made a motion 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 with at least
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 provided:
1.The fence shall be installed in accordance with the documents and plans submitted as
part of this petition.
Com Richards seconded the motion
Petitioner Maria Wagener mentioned she is proud of the landscaping.
RESULT:APPROVED [UNANIMOUS]
AYES:Moodhe, Spunt, Cesario, Goldspiel, Khan, Weinstein, Au, Richards,
Worlikar
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)
Petitioner Max Tolsky at 160 Copperwood Drive described the petition to replace an
existing 4 foot open wooden fence with a 5 foot open aluminum fence for the safety for
his kids and his dog.
3.B.1
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Com Richards wanted clarification that the fence was only a replacement of the fence in
the same location.
Max Tolsky clarified that this was replacement of a fence in the exact same location.
Trustee Johnson mentioned that she would miss the temporary rainbow fence, and she
supports the Petitioners request.
Com Weinstein made a motion 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.
Com Worlikar seconded the motion.
Com. Moodhe mentioned that this fence replacement will an improvement to the
neighborhood.
RESULT:APPROVED [UNANIMOUS]
AYES:Moodhe, Spunt, Cesario, Goldspiel, Khan, Weinstein, Au, Richards,
Worlikar
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)
Petitioner Steve Johnson at 634 Buckthorn terrace described the petition to install a 6
foot tall privacy fence in the rear yard.
Com Weinstein asked whether any concerns were raised from the neighbors for the
proposed variation. Also, whether the 6 foot solid fence encloses the rear yard.
Petitioner Steve Johnson mentioned that both the neighbors on the north and south of
the subject property are supportive of the proposed.
Village Planner, Rati Akash stated that Staff received one call however no concerns were
raised, and confirmed that the 6 foot solid fence encloses the rear yard.
Com. Goldspiel wanted to know how wide the side yards were.
Petitioner Steve Johnson mentioned that the side yard setback were 10 feet from the
property line.
Com. Au asked whether there are any other variations apart from the variation for the
height of this 6 foot solid fence.
Village Planner, Rati Akash confirmed that there are no other variances apart from the
variation to the height for the 6 foot solid fence.
Com. Moodhe wanted to clarification about the location of the gate and the Neighbors
fence section on the south.
Petitioner Steve Johnson and Susan Johnson mentioned that there will no issues with
Neighbors fence on the south which 5 foot tall fence.
Com. Weinstein wanted clarification whether the Neighbors house on the south had a
fence. Also, he mentioned the Neighbors house is located on a higher grade, and hence
the proposed 6’ solid fence acts to their benefit.
3.B.1
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Com. Worlikar asked whether a partially open fence on the top is considered an open
style.
Village Planner, Rati Akash mentioned that open fences must be open in style from the
above the grade level.
Deputy Director Community Development, Nicole Woods mentioned that it is great to
hear all the commissioners’ comments as Staff begins to amend the Fence Code
Com Au asked whether the fence posts heights can exceed 6 foot height.
Village Planner, Rati Akash stated that the fence posts can exceed the 6 foot height as
per the Code.
Com. Spunt had a question on Page 36 whether there must be a gate on both sides of
the house.
Village Planner, Rati Akash mentioned that there is no requirement as part of the Code
that states that the gate needs to be located on both sides of the house.
Com Weinstein made a motion 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.
Com Moodhe seconded the motion
RESULT:APPROVED [UNANIMOUS]
AYES:Moodhe, Spunt, Cesario, Goldspiel, Khan, Weinstein, Au, Richards,
Worlikar
Regular Meeting
Other Matters for Discussion
Approval of Minutes
1.Planning and Zoning Commission - Rescheduled Regular Meeting - Jun 24, 2020
7:30 PM
RESULT:ACCEPTED AS AMENDED [UNANIMOUS]
AYES:Moodhe, Spunt, Cesario, Goldspiel, Khan, Weinstein, Au,
Richards, Worlikar
Chairman's Report
Committee and Liaison Reports
The approved Village Board approved the TIF District.
Kensington Developers have also acquired town center for redevelopment.
Staff Report/Future Agenda Schedule
3.B.1
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08/5/2020
Deputy Community Development Director talked about the items on the agenda for the next
meeting as well as an update on the Fence Code amendment.
Public Comments and Questions
Adjournment
The meeting was adjourned at 9:15 AM
Chris Stilling
APPROVED BY ME THIS 5th DAY OF August , 2020
3.B.1
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