1990-03-20 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS
VILLAGE OF BUFFALO GROVE , ILLINOIS
TUESDAY , MARCH 20 , 1990
. CALL TO ORDER
The meeting was called to order at 8 : 11 P . M . In the absence of
Chairman Heinrich , the meeting was chaired by Com . Mike Kearns .
II . ROLL CALL
Commissioners Present : M . Kearns , D . Stolman , B . Entman and
H . Fields QUORUM PRESENT .
Commissioners Absent : R . Heinrich , J . Paul and R . Lewandowski
Bldg . Dept . Liaison : James Sylverne
Housing and Zoning Inspector
Village Attorneys : Richard Skelton and Tom Dempsey
III . APPROVAL OF MINUTES
February 20 , 1990 - Deferred because of commissioners ' absence .
Motion to Table made by Com . Fields .
Seconded by Com . Entman .
Voice Vote - AYE Unanimously
IV . BUSINESS
A . 322 Gardenia Lane , James and Jaynie Klene
Zoning Ordinance , Section 17 . 40 . 020
Pertaining to : Area , Height , Bulk and Placement Regulations
Purpose : Construction of 2 story addition at rear
The Public Hearing Notice was read . Mr . & Mrs . James Klene ,
322 Gardenia Lane , and neighbors , Mr . & Mrs . Charles Hodes ,
503 Crown Point Drive , were sworn in .
Mr . Klene summarized the reasons for requesting a variance
for the purpose of constructing a 2 - story addition at the
rear of the house :
1 , After investigating the purchase of a larger home ,
the Klenes determined that an addition would be
more in keeping with their budget .
2 . The Klenes have a young daughter and hope to have
more children . The house only has two bedrooms .
3 . They want to remain in the neighborhood .
Ch . Kearns advised Mr . and Mrs . Klene that in order for the
Zoning Board to grant a variance , it is necessary to have
four affirmative votes . Since there are only 4 of the 7
Zoning Board members present , if at any time during the
discussion , they think their request may be denied , they may
ask that the hearing be Tabled until the next meeting .
Mr . and Mrs , Klene considered this information and said
they would like to continue .
4. The 18' x 20` addition would include a larger
family room on the first floor and a bedroom on the
second floor. Architectural plans will be
submitted. The addition will match the existing
structure.
Comments from Commissioners:
Com. Entman: Observed that the rear yard is very small and
the proposed 2-story addition, built out to
the building line, would be enormous.
Com. Entman asked the Klenes if they would consider reducing
the addition to 1-story?
Mr. Klene replied that this is a possibility. When he
discussed the addition with an architect, he was advised
that he should seek the variance first, before proceeding
with the expense of plans. He was willing to amend his
petition to request a 1-story addition for a family room.
Com. Entman said reducing the addition to 1-story may make
a difference in his judgement. The present neighbors may
not object, but future neighbors could object. He would
consider the other Commissioner's comments.
Ch. Kearns read a letter from Beverly and William Murphy,
320 Gardenia Lane, dated March 20, 1990. The letter read:
"We hereby state our complete support regarding
the home improvement/addition to said property. . . ."
Mr. and Mrs. Charles Hodes, 503 Crown Point Drive, live
directly behind the Klenes. There were present and stated
that "they have no objections to the proposed addition."
Com. Stolman: Asked if the house has a basement and/or a
family room?
Mr. Klene responded that the house has no basement and the
11' x 11' room they use as a family room, is really a small
den. This room would be used as a bedroom, if they have
another child. The addition would be a family room and the
kitchen would be enlarged.
Com. Stolman asked if the Klenes would have to return to the
ZBA if they wanted to add the second story in the future?
Mr. Skelton advised that a condition of the variance could
be that any additional construction would require a second
variance.
Mr. and Mrs. Klene understood this condition and agreed to
amend their petition to request a 10 foot variance of the
required rear yard setback, for the purpose of constructing
a 1-story addition. The fence is on the building line and
the addition will be at least 1 foot away from the fence.
ZONING BOARD OF APPEALS
March 20, 1990 - Page Two
Com . Fields : Asked if the addition would be L-shaped and
fill in the area as shown on the plat? " Yes . "
He agreed that a 1 -story addition was better .
Mrs . Sherri Hodes , 503 Crown Point Drive , said that a
2-bedroom house is considered to be more transient . One
reason they do not object to the proposed addition is
because it will encourage the Klenes to live there longer . -
Mr . Klene said the addition of a family room will make the
house large enough for his family for at least 4 to 5 years .
The location is close to their church , the golf course and
a swimming pool . They want to stay in Buffalo Grove .
He cited a similar variance on Harris Drive last year .
Com . Stolman stated the 1 -story room addition would be
better and would be important in keeping the family in the
area .
Com . Fields asked what the Hodes ' required side yard is and
how far away their house is from the proposed addition?
The required side yard is 6 feet and their garage would be
about 50 feet away from the proposed addition . Mr . Hodes
said the addition would still be set back far enough .
There is an existing patio in the proposed addition area .
Ch . Kearns asked if the addition would have windows along
the Crown Point side?
Mr . Klene responded that the addition has not been designed ,
but it will have some windows because they want plenty of
light .
Com . Stolman advised Mr . Klene that even though the maximum
10 ' variance is granted , the addition could be made smaller .
Com . Stolman made the following motion :
I move we grant the petitioners , located at
322 Gardenia Lane , James and Jaynie Klene ,
a variance pursuant to Zoning Ordinance ,
Section 17 . 40 . 020 , pertaining to Area , Height ,
Bulk and Placement Regulations , for the purpose
of constructing an addition at the rear of the
house that would exceed the rear yard setback
requirements by a maximum distance of 10 feet .
Petitioner had amended the petition on its face
to request a 1 -story room addition . Said con-
struction to match the exterior of the existing
home . Plans to be submitted and approved before
any construction takes place .
The proposed addition , pursuant to the Village
Engineer ' s Review , dated 3/2/90 , will not alter
the existing drainage pattern ; and no alteration
to the grade will be allowed within 5 ' of any
rear or side lot line .
ZONING BOARD OF APPEALS
March 20 , 1990 - Page Three
Motion continued:
Economic hardship having been demonstrated, the proposed
addition will not alter the essential characteristics of
the neighborhood.
Ch. Kearns read Mr. Kuenkler's review into the record.
Mr. and Mrs. Klene had received a copy of this review.
Com. Fields seconded the motion.
Mr. Skelton had no questions or comments.
Com. Stolman asked Mr. Sylverne if plans are usually
submitted when a variance is requested? It is possible to
require matching materials, but how can roof lines be
described without drawings?
Mr. Sylverne responded that while architectural drawings
are sometimes submitted, they are not required. He had
discussed the variance with Mr. Klene and had advised him
that it would not be necessary for him to go to the expense
of an architect prior to the public hearing. The existing
roof is a gabled roof. The pitch can be matched and the
height can also be limited. He suggested 14 feet. The
motion can also contain the provision of windows along
Crown Point Drive.
Discussion followed, including the comment that the ZBA
is not responsible for construction design. In the future,
simple drawings should be submitted with the petition.
Com. Stolman amended his motion to include the following
conditions:
1. The pitch and style of the roof is to match the
existing roof. Height not to exceed 14 feet.
2. Windows shall be provided along Crown Point Dr.
Com. Fields seconded the amendment.
Roll Call Vote: AYE - Entman, Fields, Stolman, Kearns
NAY - None
Motion Passed - 4 to O. Findings of Fact Attached.
The permit may be issued in 15 days, but Mr. Klene was
advised to submit architectural drawings to the Building
Dept. for review and approval before the permit is issued.
ZONING BOARD OF APPEALS
March 20, 1990 - Page Four
B . 701 Aptakisic Road , Congregation B ' nai Shalom
Sign Code , Section 14 . 20 . 010 - Pertaining to :
Location of Ground Signs in Residential Districts
Mr . Sylverne announced that due to a setback measurement
error on the site plan , the B ' nai Shalom Ground Sign will
be republished and will be placed on the next Agenda ,
April 17 , 1990 . Neighboring residents will be re-notified .
Mr . and Mrs . Victor Jung , RFD Box 5172 , Long Grove , IL 60047
( second house from the church toward Route 83 ) were present
to object to the proposed sign . Mr . Jung said they are
against the sign because the temple is located in a
residential district and they think a wall identification
sign would be more in keeping with the neighborhood .
Mr . Jung also mentioned that the parking lot lights used to
be turned off at 11 P . M . and not they are left on all night .
Mr . Sylverne was asked to verify this and see if the Police
Dept . had advised overnight lighting for security reasons
to prevent vandalism .
Mr . Jung suggested using building security lights .
Ch . Kearns thank Mr . and Mrs . Jung for coming . He invited
them to attend the April 17 , 1990 ZBA meeting , or write a
letter expressing their opinions .
ANNOUNCEMENTS
A . Mr . Raysa , Village Attorney , has prepared a document
entitled "Grading By Single Family Home Owners " dated
March 20 , 1990 . This has been distributed to the ZBA
Commissioners and will be discussed at a later date .
B . Com . Stolman commented about the pool variance that was
granted last month at 2937 Bayberry Drive ( Joseph Elliott ) .
He was told by a neighbor of the Elliotts that Zale had
indicated at the time of the sale , that they were going to
put a pool in the area . He asked Mr . Sylverne if could be
confirmed?
Mr . Sylverne responded that Zale has put in two pools for
the multi-family district . He doesn ' t know of any plans and
it would be unusual for a developer to build a pool in a
single family development because there would not be anyone
to run it .
C . Com . Stolman commented asked if the northeast corner of
Busch and Buffalo Grove Road is in Buffalo Grove? There
are many old vehicles stored in the rear yard of the house .
Mr . Sylverne responded the property is in Lake County and
has not been annexed to Buffalo Grove . Mr . Hruby is aware
of the situation and has contacted the owner .
ZONING BOARD OF APPEALS
March 20 , 1990 - Page Five
Mr . Brian Rubin ( Plan Commissioner ) was present and
commented that the Plan Commission is designing a Parking
Ordinance , which could become part of the Zoning Ordinance .
Mr . Sylverne has been in contact with Bob Pheil and will
keep the ZBA informed about the ordinance .
D . Mr . Sylverne commented that as of April 3 , 1990 , there will
be a Housing Court in the 3rd Districts
This will give the Village better compliance with citations
that are issued . Fines are sometimes collected , but it
would be better to have the money spent on repairs , etc .
Mr . Skelton said citations are now heard in Traffic Court .
A H0using Court will help because it will have one judge and
he will not permit people to come back time after time .
Mr . Sylverne added that the Building Dept . does not want to
condemn property . It is better to have people comply with
the Village Codes .
VI . ADJOURNMENT
Motion to adjourn was made by Com . Entman and seconded by
Com . Fields . The meeting was adjourned at 9 : 25 P . M .
Respectfully submitted
Shirley Bates ,
Recording Secretary
ZONING BOARD OF APPEALS
March 20 , 1990 - Page Six