1991-02-19 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS
VILLAGE OF BUFFALO GROVE , ILLINOIS
TUESDAY , FEBRUARY 19 , 1991
I . CALL TO ORDER
Acting Chairman Mike Kearns called the meeting to order at 8 : 07 P . M .
on Tuesday , February 19 , 1991 at the Village Hall , 50 Raupp Blvd .
II . ROLL CALL
Commissioners Present : M . Kearns , J . Paul , H . Fields and
L . Windecker . QUORUM PRESENT.
Commissioners Absent : R . Heinrich , B . Entman and R . Lewandowski
Bldg . Dept . Liaison : Ed Schar , Housing and Zoning Inspector
Village Attorney : Tom Dempsey
III . APPROVAL OF MINUTES
January 15 , 1991 - Com . Fields made a motion to Table , because four
attending Commissioners are not present . Com . Windecker seconded .
Voice Vote : AYE Unanimously .
TU . BUSINESS
A . 1105 Mill Creek Drive , Matthew and Sue Engerman
Fence Code , Section 15 . 20 . 040 - Residential Districts
The Public Hearing Notice was read . Matthew and Sue Engerman
were sworn in . They were informed that four ( 4 ) affirmative
votes are necessary for a variance to be granted . Should they
want to have the hearing continued until more Commissioners are
present , they can so request any time before a vote is taken .
Mr . Engerman summarized their reasons for requesting a variance
for the purpose of constructing a six foot ( 6 ' ) wood privacy
fence along the rear property line :
1 . They have two small children , 1 and 4 years old ,
and the property owners to the rear have two large
Rottweiler dogs that are vicious . The dogs attempt
to come over the existing fences when anyone is in
the yard and they bark continuously .
2 . The six foot solid fence will offer protection for
the children and privacy for the family .
3 . The police have been called and have agreed that
the dogs are a nuisance , but have done nothing .
Questions from Commissioners :
Com. Paul : Have the Engermans talked to their neighbors about
the fence?
Mr . Engerman replied that they have not personally talked to
them about the fence , but they were notified by letter .
Mrs . Engerman added that she has spoken to all the other
neighbors and they agree that a fence is necessary.
Com. Paul asked about the existing fences .
Mr . Engerman said the neighbors have a four foot (4' ) chain
link fence and they have a 3-1/2 to 4 foot open picket fence.
The dogs can see the children and often put their feet and
heads up over the chain link fence. It would not be difficult
for them to come over . The Engermans have a Springer-Spaniel .
Com. Paul had no objection and said they have valid reasons
for requesting a variance. The fence won' t stop the barking.
Mr . Engerman replied that the solid fence will prevent the dogs
from seeing them when they go into the yard, so the dogs may
not bark as much. The fence will also protect their children.
Com. Fields: Asked about the height and style of fence?
Mrs . Engerman said the total height would be six feet (6 ' )
and the style will match the existing fence.
Com. Fields commented that they do not usually permit six
foot (6 ' ) fences , but he drove by the house and heard the dogs .
Com. Windecker : Commented that when he drove through the area
he observed several different style fences , and one neighbor
has two six foot (6 ' ) sections in the corner next to the yard.
Mrs . Engerman said that most of the neighbors have put up
fences around their patios for privacy from the dogs .
Ch. Kearns : Confirmed that the fence will only go along the
rear property line. He asked about a noise ordinance?
Mrs . Engerman said the noise ordinance is very vague , because
when the police are called, they say the dogs must bark con-
tinuously for five (5) minutes before they can issue a
citation. She added they have tried to communicate with these
neighbors and have asked that the dogs be kept inside when the
children are in the yard. The neighbor agreed to call the dogs
in, but whenever she is asked to do so , she becomes angry.
The dogs are left outside eight (8) hours at a time when the
neighbors are not home.
ZONING BOARD OF APPEALS
February 19 , 1991 - Page Two
Mr . Dempsey advised the Engermans to continue to call the
police because the noise ordinance can be enforced. The police
do not have to hear the dogs barking. They can issue a
citation if the Engermans and some of their neighbors are
willing to testify to the fact that the dogs continually bark.
The process is slow , but something can eventually be done.
Com. Windecker made the following motion:
I move we grant the request of Matthew and Sue Engerman,
1105 Mill Creek Drive , for variance of the Fence Code ,
Section 15 . 20.040 , pertaining to Residential Districts ,
for the purpose of constructing a six foot (6 ' ) solid wood
privacy fence along the rear property line as indicated
on the Plat of Survey submitted with the application.
Said fence will not alter the essential character of the
neighborhood and will not be detrimental to the public
health, safety and welfare .
Com. Fields seconded the motion.
Roll Call Vote: AYE - Paul , Fields , Windecker and Kearns
NAY - None
Motion Passed - 4 to 0 . Findings of Fact Attached.
Permit may be issued in 15 days .
'. COMBINED WORKSHOP - ZBA and AC discussion of criteria pertaining
to signage for buildings such as Riverwalk.
Postponed until Tuesday, March 19 , 1991 (next ZBA meeting) .
VI . ANNOUNCEMENTS
Com. Fields said people on Brandywyn Lane have spoken to him about
Com Ed wanting to put utility poles in their yards . Are the fences
legal?
Mr . Schar explained that six foot (6 ' ) fences are permitted because
the yards abut Aptakisic Road , but there is a twelve foot ( 12 ' )
utility easement . Now the people do not want poles in their yards
and they do not want to move the fences .
VII . ADJOURNMENT
Com. Fields made a motion to adjourn. Com. Paul seconded.
Ch. Kearns adjourned the meeting at 8 : 30 P.M.
Respectfully submitted,
Shirley Bates
Recording Secretary
ZONING BOARD OF APPEALS
February 19 , 1991 - Page Three