1991-11-19 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS
VILLAGE OF BUFFALO GROVE , ILLINOIS
TUESDAY , NOVEMBER 19 , 1991
I . CALL TO ORDER
Chairman Richard Heinrich called the meeting to order at 8 : 08 PM
on Tuesday , November 19 , 1991 at the Village Hall , 50 Raupp Blvd .
II . ROLL CALL
Commissioners Present : M . Kearns , B . Entman , L . Windecker and
R . Heinrich . H . Fields arrived - 8 : 25 PM
Commissioners Absent : J . Paul and L . Arbus
Bldg . Dept . Liaison : Edward Schar , Deputy Bldg . Commissioner
Village Attorney : Tom Dempsey
III . APPROVAL OF MINUTES
October 15 , 1991 - Com . Entman made a motion to approve .
Com . Kearns seconded the motion .
No additions or corrections .
�./ Roll Call Vote : AYE - Kearns , Entman , Windecker , Heinrich
NAY - None
Motion Passed - 4 to 0
Minutes of October 15 , 1991 approved as submitted .
IV . OLD BUSINESS
A . 77 Woodridge Lane , Robert Clar
Fence Code , Section 15 . 20 . 040
Construction of five foot ( 5 ' ) scalloped picket fence past
the building line along Dunhill Drive .
Com . Kearns made a motion to remove from Table .
Com . Windecker seconded the motion .
Voice Vote : AYE Unanimously
The item was tabled to permit further consultation with
the Village Engineer about placement of proposed fence .
Robert Clar was present and stated he has been in contact
with Richard Kuenkler , Village Engineer . Mr . Kuenkler
informed him that the original recommended setback of ten
feet ( 10 ' ) from the sidewalk would not be reduced because
the abutting property is a near-side driveway .
Mr . Clar said he has explained the situation to all their
neighbors again and none of them object to having the fence
just inside the row of apple trees , seven feet (7 ' ) from
the sidewalk.
Mr . Clar added that the size of the yard will be reduced if
the fence is set back ten feet ( 10 ' ) from the sidewalk and
it will be costly to change the landscaping. They have
made a lot of improvements to the property and they want to
have a nice home .
Ch. Heinrich explained that the ZBA is bound by the Village
Engineer ' s recommendations for safety reasons to protect
both the Village and the property owners. There could be a
legal problem if an accident should occur because of an
obstructed line-of-sight . There is no ordinance regarding
placement of trees and shrubs .
Mr . Clar said there is an evergreen tree in the side yard
and requested that the fence be located forward of the rear
of the house about six feet to enclose the tree .
Ch. Heinrich and the commissioners had no objections . The
petition will be amended on its face to locate the proposed
fence ten feet ( 10 ' ) from the sidewalk along Dunhill Drive
and six feet (6 ' ) toward the front of the house from the
rear of the building.
No comments from the audience .
Com. Kearns made the following motion:
I move we approve the petition of Robert Clar of
Woodridge Lane for variance of the Fence Code ,
Section 15 . 20 .040 , pertaining to Residential
Districts , for the purpose of erecting a five
foot (5 ' ) scalloped picket fence past the
building line along Dunhill Drive .
Said fence to be located ten feet ( 10' ) from the
sidewalk and no more than six feet (6 ' ) from the
rear of the building .
Said fence will not be detrimental to the public
health, safety and welfare .
Com . Lewandowski seconded the motion.
Roll Call Vote : AYE - Entman, Windecker , Kearns , Heinrich
NAY - None
Motion Passed - 4 to 0 . Findings of Fact Attached .
Permit may be issued after 15 days - December 5 , 1991 .
ZONING BOARD OF APPEALS
November 19 , 1991 - Page Two
B. 635 Buckthorn Court , Larry and Robin Walovitch
Zoning Ordinance , Section 17 . 40. 050 - Pertaining to:
Area, Height , Bulk and Placemei}t Regulations
Cy Doren of Space Home Improvements , 365 W. Northwest Hwy . ,
Palatine , IL 60056 (392-9200) was present . He explained
that the petitioner called him to inform him that Mr . Walo-
vitch' s mother passed away and asked him to represent them.
Mrs . Walovitch also called the Building Department and said
they would not be able to attend the ZBA meeting . She asked
that Space Homes be permitted to represent them.
Because of the circumstances , Mr . Dempsey suggested that
Cy Doren be permitted to make the presentation with the
stipulation that the Walovitchs submit a letter to the
Building Department naming Mr . Doren their agent .
Ch. Heinrich informed Mr . Doren. that 4 votes are necessary
to grant a petition and there are only 4 commissioners
present . Com. Fields arrived shortly thereafter at 8 : 25 PM.
The Public Hearing Notice was read . Cy Doren was sworn in.
He is president of Space Home Improvements and has been
retained to construct the addition. Mr . Doren summarized
the reasons for requesting a variance for the purpose of
constructing an addition that would encroach a distance of
nine feet (9 ' ) into the required rear yard setback:
1 . Mr . Walovitch' s parents have been very ill
and were expected to move in with them.
2 . The Walovitchs have recently adopted two
children. They need more living space , but
they cannot afford to buy a larger house .
3 . The house has a very small kitchen and
family room. It has no basement . The
5 ' x 23 ' addition will enlarge the kitchen
and incorporate it with the family room.
4 . All the materials will match the existing
structure : White siding , gable roof with
matching shingles .
The Village Engineer ' s Review , dated November 4 , 1991 ,
states : "The proposed addition will not alter the existing
drainage pattern. "
Questions from Commissioners :
Com . Kearns - No objections .
ZONING BOARD OF APPEALS
November 19 , 1991 - Page Three
Com. Entman - Asked if the addition will cover the existing
patio?
Mr . Doren said the patio will be removed and the addition is
approximately the same size as the patio.
Com. Entman - No objections . The lot is large and there is
a lot of room in the side yard . The neighbor
has a nice fence. No objectors are present .
Mr . Doren said the Walovitchs have talked to their neighbors
including the neighbors to the rear . None of them object .
Com. Fields - No objections . The addition will be located
on the street side of the yard.
Com. Windecker - No objections . Asked if there will be a
new patio beyond the addition? Answer was "no. "
Com. Windecker made the following motion:
I move we grant the variance requested by Larry and
Robin Walovitch, 635 Buckthorne Terrace , for variance
of the Zoning Ordinance , Section 17 . 40.050 , pertaining
to Area , Height , Bulk and Placement Regulations , for
the purpose of constructing an addition at the rear of
the house that would encroach a distance of nine feet
(9 ' ) into the required rear yard setback of 35 feet .
Materials are to match the existing construction in
like kind and quality . The addition to be constructed
pursuant to plans submitted to and approved by the
Village of Buffalo Grove .
Petitioner has exhibited hardship and unique circum-
stances . Proposed addition will not be detrimental
to the essential character of the neighborhood.
Condition: No alterations to the grade within five
feet of any swale or any rear or side lot line .
Variance is subject to a letter of agency naming
Space Home Improvement as the petitioners agent .
Com. Fields seconded the motion.
Roll Call Vote : AYE - Kearns , Entman, Fields ,
Windecker and Heinrich
NAY - None
Motion Passed - 5 to 0 . Findings of Fact Attached.
Permit may be issued after 15 days - December 5 , 1991 .
ZONING BOARD OF APPEALS
November 19 , 1991 - Page Four
VI . ANNOUNCEMENTS
On October 15 , 1991 the ZBA recommended that the Village Board
grant the petition of Gerald Colbert , 1370 Mill Creek Drive , to
permit construction of a screened porch that would exceed the 20%
rear yard coverage limitation with a condition imposed by the
Village Engineer that the tie wall with the fill is to be removed
and relocated five feet (5 ' ) back from the rear property line .
A ordinance , granting the variance , was adopted on Nov . 4 , 1991 .
Richard Kuenkler , Village Engineer , amended his recommendation.
A memo , dated October 29 , 1991 , states that after a follow-up
meeting with petitioner , Mr . Kuenkler has agreed to permit the
tie wall to be relocated four feet (4 ' ) from the property line
instead of five feet (5 ' ) .
Ch. Heinrich said he discussed the situation with Mr . Kuenkler
and , given the facts at this location, he has no objections .
Mr . Dempsey said he would have to prepare a new ordinance , and
directed that a new affirmative recommendation be made by the ZBA
ratifying the Village Engineer ' s amendment .
Com. Entman made the following motion:
I move we recommend to the Village Board that an amended
ordinance be prepared and signed to modify Ordinance 91-88 ,
such that the variance granted to petitioner Gerald Colbert .
1370 Mill Creek Drive , pertaining to Zoning Ordinance ,
Section 17 . 32 . 020 , is amended to permit the tie wall to be
placed four feet (4 ' ) from the rear property line , rather
than five feet (5 ' ) as originally proposed by the Villge
Engineer , pursuant to the modified recommendation of the
Village Engineer .
Com. Windecker seconded the motion
Voice Vote - AYE Unanimously .
Mr . Dempsey announced that a memo has been prepared to inform
all the Village boards that legal briefings will be held to
inform commissioners about Village Ordinances , Findings of Fact ,
and new zoning developments , etc . Mr . Raysa will be present .
The briefing will possibly be scheduled for the December meeting.
Staff is drafting changes to the Sign Code and Zoning Ordinance .
The Zoning Board will be asked to review the revisions after the
Village Manager and Village Board have seen the proposals .
Ch. Heinrich asked that variance authority regarding placement
of air conditioners on corner lots be. reviewed . It should not
be necessary for ordinances to be drafted for such a minor item.
ZONING BOARD OF APPEALS
November 19 , 1991 - Page Five
Mr . Dempsey asked the Commissioners to submit any suggested
changes to the Building Department for consideration.
Regarding the variance recommended for a detached garage to be
constructed at 229 Cottonwood Road , a letter from IDOT has been
received stating that the flood plan map is in error , but the
Engineering Department is still waiting for a letter from FEMA.
The petitioner , Terry Weber , has been informed that the ordinance
will not be prepared until both letters have been submitted.
The six month time period will not begin until the Village Board
adopts the ordinance .
The ordinance should be clarified with regard to the actual time
a petitioner has in which to begin construction. The Zoning
Ordinance specifies that the permit must be issued within six (6)
months , but the permit application also allows construction to
begin within six (6) months . This could be interpreted that
construction may be started within twelve ( 12) months .
A draft of the proposed changes could be ready in February 1992.
VII . ADJOURNMENT
Com. Fields made a motion to adjourn. Com. Entman seconded.
Voice Vote - AYE Unanimously.
•
Ch. Heinrich adjourned the meeting at 8 :45 P.M.
Respectfully submitted,
Shirley ates
Recording Secretary
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ZONING BOARD OF APPEALS
November 19 , 1991 - Page Six