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1993-03-16 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE . ILLINOIS TUESDAY , MARCH 16 , 1993 I . CALL TO ORDER In the absence of Chairman Richard Heinrich . commissioner Mike Kearns chaired the Zoning Board of Appeals Public Hearing and called it, to order at 8 : 04 P . M . on Tuesday . "larch 16 , 1993 at the Village Hall , 50 Raupp Boulevard . II: , ROLL CALL Commissioners Present : M . Kearns . J . Paul , B . Entman and L . Arbus . Commissioners Absent : R . Heinrich . L . Windecker and H . Hefler . Bldg . Dept . Liaison : Edward Schar , Deputy Building Commissioner Village Board Attorney : Tom Dempsey Village Board Liaison : Bruce Kahn , Trustee Ch . Kearns announced that four commissioners constitute a quorum and an affirmative vote of four ( 4 ) is required for a variance to be granted . If any petitioner would like to have their petition Tabled until the next regular meeting . April 20 . 1993 , they can so request at any time before a vote is taken . ITT . APPROVAL OF MINUTES - _ February 10 . 1993 - Motion to Table was made by Com . Entman and seconded by Com . Arbus . Voice Vote - AYE Unanimously IV . BUSINESS A . 1026 Hobson Drive . Henry and Candace Samue i s Fence Code , Section 15 . 20 . 0•fu . Residential Districts Five foot ( 5 ' ) to six foot ( 6 ' ) fence past the building line Mr . Henry Samuels . 1026 Hobson Drive , was sworn in and the Public Hearing Notice was read . Mr . Samuels summarized the reasons for requesting a variance : a . Property is located at the corner of Busch. Road , Highland Grove Drive and Hobson Drive at the entrance of Astor Place . Fire Station #26 is directly to the east across Highland Grove Drive . b . There is a fence along the rear property line abutting Busch Road that stops at the building line and they would like to extend the fence east as close to the sidewalk as possible and return it to the front of the house . The rear yard is small and they want to enlarge it in order to get the most use out of the property . c . They have a 3 year old son and are expecting a baby in. June . They would like the fence to be six feet (6 ' ) in height to give them privacy and security . There is a public area on the Fire Station property that is used for soccer and baseball practice , etc . The fence would keep undesirables away from their property . d . Some photographs were presented showing the existing fence . The Village Engineer ' s Line-of-Sight Review , Exhibit H , dated March 1 , 1993 . was discussed . Mr . Samuels agreed to locate the fence as depicted on the site plan , designated Exhibit A-1 . The fence will be scalloped solid board design similar to the existing fence along Busch Road . There were no comments from the audience . Comments from Commissioners : Com . Arbus verified that the fence must be a minimum of 45 feet from the intersection and since the fence could not be curved , that section would have to be angled outside of the 45 foot distance . Since the rear yard is small , he would not object if the fence is five feet ( 5 ' ) from the sidewalk , but he would not agree to a six foot (6 ' ) high fence along Highland Grove Drive . It could be tapered from six feet (6 ' ) to five feet ( 5 ' ) on the angle between Busch Road and Highland Grove Drive . Com . Paul questioned the height of the fence along Busch Road because the plat states there is an 8 ' wood privacy fence . Mr . Samuels was uncertain about the height but , judging from his own height , thought it was closer to six feet (6 ' ) high. Com . Paul said the situation is unusual . The yard is tight but the ZBA does not usually grant variances five feet (5 ' ) from the sidewalk . A similar fence down the street is about half way between the house and the sidewalk . He would prefer the fence to be ten feet ( 10 ' ) from the sidewalk , tapered from six feet (6 ' ) to five feet (5 ' ) in height , as proposed by Com . Arbus . Com . Entman said he has been acquainted with the petitioner for a number of years , but this will not affect his objectivity in this matter . The corner is busy and the lot is small . The situation is unique in that it is the entrance to the subdivi- sion with the fire station across the street . He usually does not approve of fences as close as five feet (5 ' ) to the sidewalk but with the corner cut oft he would not object . He agreed the height should be tapered from six feet (6 ' ) to five feet ( 5 ' ) between Busch Road and Highland Grove Drive . Mr . Samuels presented photographs showing similar fences at 2214 Magnolia and at 401 English Oak . Both are at the corner of Buffalo Grove Rd . and are about five feet (5 ' ) from the sidewalk ZONING BOARD OF APPEALS March 16 , 1993 - Page Two Ch . Kearns stated his opinion that the angled portion o1 the should be tapered within the first sect ion from six feet k6 ` .) to five feet ( 5 ' ) and said he did not object to the fence tieing five feet ( 5 ' ) from the sidewalk , but would prefer the fence to be brought back from the front of the house about fifteen feet ( 15 : ) . This would shorten the length along Highland Grove Drive . A poll was taken : Com . Arhus , Com . Paul and Com . Entman agreed with Ch . Kearns proposal . Mr . Samuels also agreed and amended the petition on its face . Com . Arbus made the following motion : I move we grant the petition of Henry B. and Candace S . Samuels of 1026 Hobson Drive for variance of Fence Code , Section 15 . 20 . 040 , pertaining to Residential Districts . for the purpose of constructing the following fence : 1 . The height of the first section of fence must match the height of the existing fence along Busch Road . 2 . The fence will taper from that height down to five feet (5 ' ) and be angled toward Highland Grove Drive with no part of the angle being closer than 45 ' from the midpoint of the intersection of the curb lines extended at Busch Road and Highland Grove Drive . 3 . The fence will be no closer than five feet ( 5 ' ) to the sidewalk along Highland Grove Drive . 4 . The front of the fence is to be setback a minimum distance of fifteen ( 15 ' ) from the front point of the house . 5 . All fencing to be five feet ( 5 ' ) in height except that the last section of the angled fence will be tapered up to meet the last section of the existing fence along Busch Road . Petitioner has demonstrated that the presence of this particular type of fence will not be detrimental to the public health . safety and welfare . Com. Entman seconded the motion . Roll Call Vote : AYE - Paul . Entman . Arhus and Kearns NAY - None Motion Passed - 4 to 0 . Findings of Fact Attached . Permit may be issued in 15 days - April 1 , 1993 . ZONING BOARD OF APPEALS March 16 , 1993 - Page Three B. 487 Satinwood Terrace . Michael and Marcie Mazursky Fence Code , Section 15 . 20 . 040 . Residential Districts Five foot; ( 5 ' ) fence past the building line Michael and Marcie Mazursky were sworn in and the Public Hearing Notice was read . Mr . Mazursky summarized their reasons for requesting a variance : 1 . They have two children , 4 and 5 years old . Their previous house had an enclosed yard and the fence will provide safety for the children and confine their dog . 2 . They paid a premium for a large corner lot that leads into a cul-de-sac and thus pay higher taxes . They want to enclose the yard and keep the existing landscaping within the fenced area . They want to have a garden and complete the landscaping . 3 . Traffic going northbound on Buffalo Grove Road cannot turn left on to Satinwood Terrace because of the median . There is not a lot of traffic into the cul -de- sac , so the fence will not block the view or be an eyesore . The Village Engineer ' s Review , Exhibit H , dated March 1 , 1993 , states : We recommend that the fence location be altered so that there is no further encroachment beyond that created by the principal structure itself . the abutting property is a far-side driveway . " Mr . and Mrs . Mazursky agreed to alter the fence location as depicted on the site plan designated . Exhibit A-i , and move the fence back from Satinwood Terrace . Comments from the audience : Mr . Martin Horwitz , 2133 Silver Linden Lane , was present . His property is directly south of the Mazurskys and the proposed fence will extend the entire length of the side of their house blocking off the view from kitchen window and the bay window in the dining room . They will not be able to see down the street and will be looking at a wall . They purchased the lot because of the open space and the nice green belt along the rear yards . Mr . Horwitz presented photographs of his property in relation to the Mazursky ' s proposed fence . The fence would also block the view of drivers entering the cul-de-sac . He understands the need to provide safety for the children and knows that they can construct a fence along the building line . It is not necessary to have a fence in order to have a garden. As stated . the street is not busy and children do play in the cul-de-sac . Mrs . Mazursky responded that the fence , if constructed along the building line . would still block the Horwitz ' view . Their first reason for wanting a fence is to protect the children , but the secondary reason they chose the lot was for its size , so they want to enclose and utilize as much of the property as possible . ZONING BOARD OF APPEALS March 16 , 1993 - Page Four Mrs . Stacy Rosen , 555 Mayfair Lane . a friend of the Mazurskys , stated that lots in Buffalo Grove are not large spacious lots with a lot of green area . People purchase property based on the school district and the neighborhood closeness . They should realize that people will want to maintain some privacy and neighbors should not infringe on people ' s rights . The Horwitz ' will see a fence no matter where it is located and they are in the middle of the cul -de-sac with houses on both sides . Mr . Horwitz disagreed with Mrs . Rosen ' s comments and said they bought their house because the yards were not typical back to back and side to side . The curved street creates the open area . Comments from Commissioners : Com . Arbus recommended that the Mazurskys ask for their petition to be Tabled because after seriously considering the uniqueness of the situation for some time , he concluded that a variance is not necessary. The existing rear yard is approximately 3 , 600 square feet which makes it one of the largest yards in the Village . The way the houses are situated , there is an unusual amount of green space . It is true that a fence can be con- structed along the building line . It is also true that residents have the right to request a variance and neighbors have the right to object . Com . Arhus said he tends to side with the people who are most affected , but he added that neighbors should not be unreasonable . In this situation , he is inclined not to grant a variance . so it would be denied . If Tabled . more Comissioners may be present at the next meeting . Mr . Mazursky said their next door neighbors on the other side were happy about the proposed fence because they are planning to fence their yard , so they will only need to put up three sides . Com . Paul said that after driving back and forth , viewing the situation . he arrived at the same conclusions . Not only is the Mazursky ' s yard very large , but the fence would actually be con- structed in the Mr . Horwitz ' front yard . Neighbors often hesitate to come in , but the ZBA has been very reluctant to grant any variance that will affect a neighbor ' s property value . The way the street curves , anyone entering the cul -de- sac would see a wall . Com . Paul said he would consider a five foot (5 ' ) variance (past the building line) reasonable because it would permit a gate to give access the front . Com . Entman concurred with Jie previous statements and agreed that Com. Paul ' s proposal is reasonable . He also spent time observing the situation and the general tenor of the neighbor- hood is open . The location of the fence does not affect the matter of the children ' s safety or the family ' s privacy . The question is the utilization of the property vs . the rights of the neighbors , and the ZBA attempts to protect everyone ' s interests . The petitioner ' s goals can be accomplished without affecting the welfare of the public . He thought the fence `./ should be lined up with the back of the house . ZONING BOARD OF APPEALS March 16 , 1993 - Page Five Ch . Kearns agreed to a variance of five feet (5 ' ) and explained the proposed location to the Mazursky ' s and Mr . Horwitz . The fence can extend five feet ( 5 ' ) from the house toward Silver Linden Lane and go straight back to the rear property line . Com . Arbus expressed the opinion that there could be a gate facing Silver Linden Lane . but he would not oppose the five foot ( 5 ' ) variance if all parties are in agreement . Mr . Horwitz reluctantly agreed , commenting that the farther out the fence goes , the more of his view will he cut off , but he does not want to be unreasonable . The possibility of a board-on-board fence was rejected by Mr . and Mrs . Mazursky because their dog would become a nuisance if it can see out . They plan to landscape in front of the fence . Mr . and Mrs . Mazursky agreed to amend their petition on its face . Com . Paul made the following motion: I move we grant the request by Michael and Marcie Mazursky , 487 Satinwood Terrace , for variance of Fence Code , Section 15 . 20 . 040 , pertaining to Residential Districts , for the purpose of constructing a five foot (5 ' ) wood privacy fence that would extend five feet (5 ' ) south of the building line , starting at the southeast corner of the house , then running parallel to the building line to the rear property line . Petitioners have demonstrated that the fence will not be detrimental to the public health , safety and welfare . Com . Entman seconded the motion. Roll Call Vote : AYE - Arbus . Entman . Paul and Kearns NAY - None Motion Passed - 4 to 0 . Findings of Fact Attached . Permit may be issued in 15 days - April 1 , 1993 . Mr . Horwitz was advised of his right to appeal the decision of the ZBA to the Village Board . The appeal must be made in writing to the Director of Building and Zoning within 15 days . ZONING BOARD OF APPEALS March 16 , 1993 - Page Six C . 961 Old Arlington Court , Lot 6 . Williamsburg Estates Zoning Ordinance , Section i. 7 . 40 . 020 - Area . Height , Bulk and Placement Regulations - Peter C . and Darlene Clarke Purpose of variance : Construction of a house that would encroach into the required thirty foot (30 ' ) rear yard setback Peter and Darlene Clarke , now residing at 471 Chukker Court , Wheeling , IL 60090 , were sworn in . The Public Hearing Notice was read . Mr . Clarke summarized their reasons for requesting a variance : 1 . They want to construct a ranch style house on Lot 6 at Williamsburg Estates . When they purchased the property , they were not made aware of the required thirty foot (30 ' ) rear yard setback . Provision #183 of their contract states the " lot is suitable to build a 2 , 100 square foot ranch house on the property . " 2 . The lot is situated at the end of the cul-de-sac that backs up to the recreation area of the Mill Creek Condominiums . A fence separates the properties so the variance will not obstruct anyone ' s view or be detrimental to the area . Comments from the audience : Mrs . Susan Grenning , 32 Wimbleton Court , Mt . Prospect , owns a Mill Creek condominium and her son lives there . She was concerned that the play area would be cut back if the house is constructed . When Mr . Clarke explained that the playground area would not be affected and the fence would not be changed , Mrs . Grenning said she had no objections . Mrs . Arlene Brown , 1077 Mill Creek Drive , represented the Mill Creek Condominium Board . She said they object to the construc- tion of the house because of its proximity to the play area . The Clarkes should be made aware that the noise level will be great because there is a swimming pool and children also play ball during summer evenings . The residents at Mill Creek do not want future problems . There is animosity between the developers and the Mill Creek Board because the placement of the houses is very close to the recreation area and nothing there will be changed . The Board wants their objections to be on record . In the future , decks could be added to the houses and the people will be even closer to the noise . Ch. Kearns expressed appreciation to Mrs . Brown for coming and explaining the feelings of the Condominium Board . The purchasers of Williamsburg Estates ' lots know the recreation area exists and should realize there will be noise . ZONING BOARD OF APPEALS March 16 , 1993 - Page Seven Comments from Commissioners : Com . Entman verified that proof of ownership has been submitted . The lots are unique and their configuration quite strange . The front and rear yard setbacks make it almost impossible to construct anything on the property . It is fortunate that there is open space to the rear . Com . Entman is not opposed to the variance but he wondered if the Clarkes were aware of any restrictions on how they could construct the house prior to the consummation of the transaction? They could probably build a smaller ranch house or a 2-story house . Mr . Clarke said that when he walked the lot he knew the back yard would be very long and narrow , but he was not aware of the thirty foot (30 ' ) rear yard setback requirement until they consulted the Village about constructing the ranch house . They definitely do not want a 2-story house . Com . Entman referred to the Village Engineer ' s Drainage Review , Exhibit H , dated March 1 , 1993 , which states that a "detailed grading plan would be required to assure proper drainage ; however , no problems are anticipated . " Mr . Schar said the Clarkes have been informed that a grading plan must be submitted with the construction plans for the house and the plan must be approved by the Village Engineer . Com . Entman had no objections to the proposed variance . Com . Paul agreed the lot is a difficult one to build upon and the Clarkes are aware of this fact . He appreciated the Condo Board ' s representative coming to give warning of the potential noise from the recreation area. A house ten feet ( 10 ' ) closer to the property line will not affect the condominiums . If the petitioners are satisfied , he has no problem with the variance . Com . Arbus has no objections to the variance . The problem of noise will be more of a problem for the Clarkes than for the condominium owners . He would not want to have the petitioners penalized for purchasing the lot . A nice ranch house is a better choice and more aesthetically pleasing for the condo- miniums than a 2-story or 3-story house would be . Ch. Kearns agreed that the noise from the recreation area will be more of a problem for the purchasers of the lot than the house will be for the condominium owners . Shrubs and screening will help to reduce the noise . Mrs . Brown asked if there are rules concerning the drainage? She would not want water to drain into the playground area because that would be a problem . Ch . Kearns assured her that the Village Engineer would not permit water to drain off the petitioner ' s property . ZONING BOARD OF APPEALS March 16 , 1993 - Page Eight Com . Entman made the following motion : I move that the request of Peter C . and Darlene Clarke , 471 Chukker Court , Wheeling . I1 for variance of the Zoning Ordinance , Section 17 . 40 . 020 , pertaining to Area , Height , Bulk and Placement Regulations . for the purpose of permitting construction of a house on Lot 6 , at 961 Old Arlington Court , Williamsburgs Estates , that would encroach a distance of ten feet ( 10 ' ) into the required thirty foot (30 ' ) rear yard setback , be granted subject to the following conditions : 1 . House to be constructed pursuant to plans and specifications approved by the Village 2 . House to be located pursuant to the survey submitted with the appropriate dimensions as indicated on Exhibit A. 3 . The encroachment to be as indicated on the Plat of Survey , Exhibit A. 4 . Further condition that the variance is subject to compliance with the Village Engineer ' s Drainage Review , Exhibit H, dated March 1 , 1993 , which states : "a detailed grading plan would be required to assure proper drainage . " Petitioner having exhibited unique circumstances , granting of the proposed variance will not alter the essential character of the neighborhood . Com . Paul seconded the motion . Roll Call Vote : AYE - Arbus . Paul , Entman and Kearns NAY - None Motion Passed - 4 to 0 . Findings of Fact Attached Permit may be issued in 15 days - April 1 , 1993 . D. 79 Mc Henry Road , Jewel /Osco - Wall Sign , 24 HOUR PHARMACY Sign Code , Section 14 . 20 . 030 - Business Districts Sign Code , Section 14 . 20 . 070 - Wall Signs Mr . Terry Doyle , Doyle Signs , Inc . , 232 Interstate Road , Addison , Illinois 60101 (708) 543-9490 and Mr . Robert Pulker , Osco Pharmacy Manager , were sworn in . The Public Hearing notice was read . Mr . Doyle explained that 62 linear feet has been added to the south end of the store and to identify the 24 HOUR PHARMACY service , they would like to have a sign over the new portion of the front elevation. ZONING BOARD OF APPEALS March 16 , 1993 - Page Nine Because the drawing submitted with the application for variance snowed the sign at the north end of the front elevation and the petitioner changed the location to the south end . l:he public hearing notice was incorrect . Ch . Kearns asked if the petition could be amended? Mr . Dempsey said there could be a legal problem if this is done because proper notice has not been given to surrounding property owners . He recommended Tabling the matter and republishing for the April 20 . 1993 Zoning Board of Appeals meeting . Com . Paul said the new location would make a difference to him because he only looked at the north end of the front elevation. He could not vote at this time . Com . Arbus made a motion to Table the Jewel /Osco petition until April 20 , 1993 . Com . Entman seconded the motion. Roll Call Vote : AYE - Paul . Entman . Arbus and Kearns NAY - None Motion Passed 4 to 0 . The item will be republished and all surrounding property owner will be renotified . E. 150 Half Day Road , Condell Medical Center Sign Code , Section 14 . 20 . 050 - Industrial Districts Sign Code , Section 14 . 20 . 070 - Ground Signs Ground sign that would exceed the size and setback requirements Mr . Vic Laska , North Shore Sign . 1925 Industrial Drive , Libertyville , IL 60048 ( 816-7020) and Ms . Sue Skjordahl . Director of Outreach for Condell Medical Center (215-0000) were sworn in. The Public Hearing Notice was read . The Village Engineer ' s Line-of-Sight Review , dated March 1 , 1993 Exhibit H , was also read . It states : The proposed setback of fifteen feet ( 15 ' ) will not present any line of sight conflicts . The Appearance Commission reviewed the ground sign proposal on February 25 , 1993 and recommended that a variance be granted . Mr . Laska distributed a new drawing of the sign with revised copy and summarized the reasons for requesting a variance : 1 . Condell would like to replace the existing ground sign with a larger sign that would be setback less that the required distance in relation to the height . 2 . People have complained that there is no access to the facility from Half Day Road and the Fire Station access road was closed off until recently . 3 . The existing sign blends in with the surroundings , so the Village recommended the sign copy be more `..J visible and the sign moved closer to the street . ZONING BOARD OF APPEALS March 16 , 1993 - Page Ten There were no comments from the audience . Comments from Commissioners : Com . Arbus had no questions or objections . (Tom . Paul said the sign was absolutely necessary . He asked why the Fire Station had closed the access road? He had difficulty trying to figure out how to get to the facility . He agreed the lettering on the existing sign is too small . Mr . Laska replied that the road was closed from the beginning but there have been so many problems , including the possibility of Village liability , the road was opened and the situation has improved , but directional signs are needed . The new colors of the sign will be red , white and blue . The size of the copy on the sign has been increased to accommodate the 50 mph speed limit . Com . Entman agreed that a new sign is obviously needed . He verified that the height of the sign is 19 ' 6" from the ground . Ch . Kearns said a new sign is needed and he had no objections . Com. Arbus made the following motion: I move we recommend that the Village Board grant the request made by Condell Medical Center , for variance of the Sign Code , Section 14 . 20 . 050 , pertaining to Industrial Districts , and Sign Code , Section 14 . 20 . 070 , pertaining to Ground Signs , for the purpose of installing a new ground sign at 150 Half Day Road , that would exceed the size and setback requirements , pursuant to the Exhibit provided to the Zoning Board of Appeals this date and marked Exhibit A-1 and the Village Engineer ' s statement . Petitioner having demonstrated that provisions of Section 14 . 44 . 010 , Sub-section A have been met . Com. Paul seconded the motion . Roll Call Vote : AYE - Entman , Paul , Arbus and Kearns NAY - None Motion Passed - 4 to 0 . Findings of Fact Attached . The Village Board meeting will be held on April 12 . 1993 and the permit may be issued as soon as the sign is approved . ZONING BOARD OF APPEALS March 16 . 1993 - Page Eleven V. ANNOUNCEMENTS Mr . Schar announced that the Zoning Board of Appeals meetings from April through November will be held at the Alcott Community Center at, 530 Bernard Drive . The Commissioners will be informed which room will be used . VI . ADJOURNMENT Motion to adjourn was made by Com. Arbus and seconded by Com . Entman. Voice Vote - AYE Unanimously Ch . Kearns adjourned the meeting at 9 : 55 P . M . Respectfully submitted , Shirley Bates Recording Secretary ZONING BOARD OF APPEALS March 16 . 1993 - Page Twelve