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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 Packet Pg. 3 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. 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e )  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 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 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 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) Proposed Swimming Pool 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 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 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.b Packet Pg. 18 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.b Packet Pg. 19 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.b Packet Pg. 20 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.b Packet Pg. 21 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.b Packet Pg. 31 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.b Packet Pg. 32 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.b Packet Pg. 33 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.b Packet Pg. 34 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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 2.1.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 f o r a n A c c e s s o r y S t r u c t u r e a t 1 5 5 1 R a c h e l L a n e ) 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 Packet Pg. 40 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y )  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 Packet Pg. 41 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 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 Packet Pg. 42 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 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 Packet Pg. 43 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 44 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) Existing Swimming Pool 2.2.b Packet Pg. 45 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 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 Packet Pg. 46 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 47 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 48 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 49 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 50 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 51 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 52 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 53 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 54 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 55 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 56 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 57 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 58 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 59 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 60 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 61 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 62 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 63 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 64 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 65 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 66 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 2.2.b Packet Pg. 67 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 f o r a n A c c e s s o r y S t r u c t u r e a t 6 9 2 H i c k o r y ) 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 Packet Pg. 69 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) 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 Packet Pg. 70 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) 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 Packet Pg. 71 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) 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 Packet Pg. 72 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) 2.3.b Packet Pg. 73 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) Existing 6’ fence that requires a variance 2.3.b Packet Pg. 74 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) 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 Packet Pg. 75 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) 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 Packet Pg. 76 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) 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 Packet Pg. 77 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) 2.3.b Packet Pg. 78 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) 2.3.b Packet Pg. 79 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) 2.3.b Packet Pg. 80 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) 2.3.b Packet Pg. 81 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) 2.3.b Packet Pg. 82 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) 2.3.b Packet Pg. 83 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 f o r a F e n c e a t 3 C r e s t v i e w T e r r a c e ) 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 Packet Pg. 85 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 f o r a F e n c e a t 7 4 1 S h a d y G r o v e ) 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 Packet Pg. 86 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 f o r a F e n c e a t 7 4 1 S h a d y G r o v e ) 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 Packet Pg. 87 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 f o r a F e n c e a t 7 4 1 S h a d y G r o v e ) 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 Packet Pg. 88 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 f o r a F e n c e a t 7 4 1 S h a d y G r o v e ) 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 Packet Pg. 89 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 f o r a F e n c e a t 7 4 1 S h a d y G r o v e ) 2.4.b Packet Pg. 90 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 f o r a F e n c e a t 7 4 1 S h a d y G r o v e ) Existing 6’ solid fence that requires a variance Neighbor’s 6’ solid fence Image A 2.4.b Packet Pg. 91 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 f o r a F e n c e a t 7 4 1 S h a d y G r o v e ) 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 Packet Pg. 92 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 f o r a F e n c e a t 7 4 1 S h a d y G r o v e ) 2.4.b Packet Pg. 93 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 f o r a F e n c e a t 7 4 1 S h a d y G r o v e ) 2.4.b Packet Pg. 94 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 f o r a F e n c e a t 7 4 1 S h a d y G r o v e ) 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 Packet Pg. 95 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 A u g 5 , 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 ) 08/5/2020 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 Packet Pg. 96 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 A u g 5 , 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 ) 08/5/2020 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 Packet Pg. 97 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 A u g 5 , 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 ) 08/5/2020 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 Packet Pg. 98 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 A u g 5 , 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 ) 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 Packet Pg. 99 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 A u g 5 , 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 )