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2020-08-19 - Planning and Zoning Commission - Minutes08/19/2020 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 19, 2020 Call to Order The meeting was called to order at 7:34 PM by Chairman Frank Cesario 2. Motion To: Open Meetings Act Compliance RESULT: ADOPTED [UNANIMOUS] AYES: Moodhe, Spunt, Cesario, Goldspiel, Au, Richards, Worlikar ABSENT: Zill Khan, Mitchell Weinstein Public Hearings/Items For Consideration 1. Consider a Variation for an Accessory Structure at 1551 Rachel Lane (Trustee Johnson) (Staff Contact: Chris Stilling) Mr. and Ms. Swirsley described their petition for a swimming pool which exceeds the permissible rear yard coverage for an accessory structure. Chairperson Cesario asked the petitioners for some additional information. Ms. Swirsley said because of COVID-19 a swimming pool gives her the ability to stay home and enjoy the summer and exercise. Com. Au asked staff if the proposed swimming pool was 18’ in diameter or 15’. Ms. Swirsley said the pool she was purchasing was 18’ in diameter. Com. Au told staff that there was a discrepancy in the packet for the petitioner. Noting that the packet page 4 says the pool is 18’ in diameter, but on packet page 10 for the response to standards it says 15’ in diameter. Village planner, Akash verified the petitioner’s pool was 18’ in diameter and that the wrong response to standards was pulled into the packet and is a copy of the next petitioner’s response to standards for their swimming pool. Com. Moodhe asked the Village Attorney if the petitioner should read their response to standards for the record. Village Attorney, Brankin said the petitioner could read their response to standards or if we could pull up the response to standards would help. Deputy Community Development Director, Woods brought up the correct response to standards for the commissioners to review. Com. Goldspiel asked the commissioners what they would do with the pool in the winter time. Mr. Swirsley said they would winterize the pool. Com. Moodhe noted that he went by and there is plenty of space in the back yard for the pool. Chairperson Cesario entered the staff report as exhibit one. 08/19/2020 The petitioners thanked the commissioners for their time. The public hearing was closed at 7:57 Chairperson Cesario spoke in favor of the petitioners request for an 18’ pool given the limitations to COVID. Com. Moodhe made a motion to approve the request for a variation for a swimming pool which exceeds the permissible year yard coverage and shall be installed in accordance with the documents and plans submitted as part of the petition. Com. Richards seconded the motion. RESULT: APPROVED [UNANIMOUS] AYES: Moodhe, Spunt, Cesario, Goldspiel, Au, Richards, Worlikar ABSENT: Zill Khan, Mitchell Weinstein 2. Consider a Variation for an Accessory Structure at 692 Hickory (Trustee Weidenfeld) (Staff Contact: Chris Stilling) Mr. Kaput described his petition to keep their 15’ in diameter swimming pool. The petitioners noted that they installed the pool without a permit and was notified by the Village that it was a violation and needed a permit. Ms. Kaput commented on the necessity of the pool for her children to remain active during quarantine. Chairperson Cesario thanked them for their description. Com. Moodhe asked staff that they would not need a variation if their garage was attached to their home. Village Planner, Akash confirmed that was correct. Com. Moodhe commented that he understands the difficulty the detached garage can cause in cases such as this one. Com. Au asked what the divider was in the backyard behind the pool and detached garage. Ms. Kaput responded that it was a retaining wall that divides the upper part of the backyard and the lower half of the back yard. She noted that it was there when they moved in. Com. Goldspiel asked if the yard was fenced in. Mr. Kaput said yes the yard was fenced in and they are in the process of fixing the fence. Com. Goldspiel asked staff if the yard had to be fenced with an above ground pool. Village Planner, Akash said above ground pools do not require a fence, but in-ground pools do. Com. Moodhe commented on the fence issue noting he believes the missing fence is a life safety issue. Mr. Kaput understands the life safety issue as it pertains to other community members and not his children and plans to complete the fence project very soon. He noted that the stairs are up and locked when not in use. 08/19/2020 Chairperson Goldspiel asked staff review the requirements for above ground pools and potentially add a required fence. Com. Moodhe agrees, but thanked the petitioner for the information on both the fence and the stairs to the pool. Com. Goldspiel asked the petitioners how they would care for the pool in the winter. Mr. Kaput described how he would winterize the pool. Chairperson Cesario entered the staff report as exhibit one. The petitioners thanked the commissioners for their time. The public hearing closed at 8:13 pm. Com. Moodhe made a motion to approve the existing swimming pool in the rear yard which will exceed 3.37% of the required rear yard coverage provided. The swimming pool shall be installed in accordance with the documents and plans submitted as part of this petition. Com. seconded the motion. Chairperson Cesario thanked the petitioners for their time. RESULT: APPROVED [UNANIMOUS] AYES: Moodhe, Spunt, Cesario, Goldspiel, Au, Richards, Worlikar ABSENT: Zill Khan, Mitchell Weinstein 3. Consider a Variation for a Fence at 3 Crestview Terrace (Trustee Johnson) (Staff Contact: Chris Stilling) Ms. Patel described their petition to install a 6’ solid wood fence in her rear year. The petitioner told the commissioners that the fence was originally permitted for a 6’ shadow-box fence, but there was some confusion with company that installed the fence. She would like to keep her 6’ solid wood fence. Chairperson Cesario thanked the petitioner for her description of the fence. Com. Moodhe spoke in favor of the fence for several reasons specifically due to the multi-family residential development behind her home. Com. Worlikar also spoke in favor of the fence. Com. Au asked staff if the fence variation was for the whole yard as shown on packet page 69 or if it was just the rear yard. Com. Goldspiel asked if the chain link fence was her fence. Ms. Patel responded that the chain link fence is not hers. Village Planner, Akash replied that the variation is only for the rear yard. Chairperson Cesario asked if there were any complains made. Village Planner, Akash said no complants were received. Chairperson Cesario entered the staff report as exhibit one. The public hearing was closed at 8:27 pm 08/19/2020 Chairperson Cesario commented on the common miss understandings of the different types of fence. Deputy Community Development Director, Woods commented that staff has begun to put together new forms and information with pictures to help make it easier for residents when applying for permits and filling out forms. Chairperson Cesario noted that would be helpful as well as the new forms. Com. Moodhe made a motion to approve the variation to allow for the existing solid wood fence installed on the subject property. Com. Spunt seconded the motion. Chairperson Cesario thanked the petitioner for her time. RESULT: APPROVED [UNANIMOUS] AYES: Moodhe, Spunt, Cesario, Goldspiel, Au, Richards, Worlikar ABSENT: Zill Khan, Mitchell Weinstein 4. Consider a Variation for a Fence at 741 Shady Grove (Trustee Weidenfeld) (Staff Contact: Chris Stilling) Mr. Park explained his petition for a variation for a 6’ solid wood fence that was originally permitted for a 6’ shadow box fence. Mr. Park explained that he would like to keep the existing fence. Chairperson Cesario thanked the petitioner for his explanation. Com. Moodhe commented on the fence. He noted that he dove past the property and the solid fence actually looks more open than their neighbor’s fence. Com. Au asked if what kind of fence the neighbors had. Village Planner Akash said they have a solid wood fence. Com. Moodhe commented on the gaps in the petitioner’s fence and spoke in favor of the proposed variation. Com. Worlikar also spoke in favor of the variation due to the gaps in the solid fence and is in line with other fences in the neighborhood. Chairperson Cesario asked if there were any complains Village Planner, Akash replied no. The commissioner spoke again about the Chairperson Cesario entered the Village staff report as exhibit one. The public hearing was closed at 8:41 pm Chairperson Cesario thanked the petitioner for their time and that the fence looks very nice. 08/19/2020 RESULT: APPROVED [UNANIMOUS] AYES: Moodhe, Spunt, Cesario, Goldspiel, Au, Richards, Worlikar ABSENT: Zill Khan, Mitchell Weinstein Regular Meeting Other Matters for Discussion None. Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - Aug 5, 2020 7:30 PM RESULT: ACCEPTED [UNANIMOUS] AYES: Moodhe, Spunt, Cesario, Goldspiel, Au, Richards, Worlikar ABSENT: Zill Khan, Mitchell Weinstein Chairman's Report None. Committee and Liaison Reports Staff Report/Future Agenda Schedule Deputy Community Development Director spoke about the next meeting and upcoming agenda items and workshops ahead. Public Comments and Questions None. Adjournment The meeting was adjourned at 9:00 PM Chris Stilling APPROVED BY ME THIS 19th DAY OF August , 2020