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1993-08-17 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE , ILLINOIS TUESDAY , AUGUST 17 , 1993 CALL TO ORDER Chairman Richard Heinrich called the public hearing to order at 8 : 05 P . M . on Tuesday , August 17 . 1993 in Room 24 of the Alcott Community Center , . 530 Bernard Drive . II . ROLL CALL Commissioners Present : B . Entman , L . Windecker , H . Hefler and R . Heinrich . QUORUM PRESENT . Com . Arbus arrived at 8 : 16 P . M . and Com . Entman left at 9 : 00 P . M . Commissioners Absent : M . Kearns and J . Paul Bldg . Dept . Liaison : Edward Schar . Deputy Building Commissioner Village Attorney : Tom Dempsey Ch . Heinrich announced that four ( 4 ) affirmative votes are necessary in order for a variance to be granted . Since only four Commissioners are present for the start of the meeting . petitioners have the option of fabling their request at any time during the hearing . III . APPROVAL OF MINUTES Postponed until after the Business was conducted . IV . OLD BUSINESS A . 902 Hiildale Lane . Daniel and Roberta Racinowski Fence Code Section 15 . 20 . 040 - Residential Districts Motion to remove from Table was made by Com . Windecker and seconded by Com . Entman . Voice Vote - AYE Unanimously . Item was Tabled on July 20 . 1993 to permit the Racinowskis to consult their neighbor at 901 Hobson Drive about his plans to reconstruct an existing tie-wail with a fence that extends past the building line . A variance was granted for this . construction . Mr . Glenn Hersenhouse . 901 Hobson Drive , was present . He confirmed that the retaining wail around the property is deteriorating and he plans to either replace it with timbers or more permanent concrete blocks . He has been told that if he replaces the timbers with more timbers a variance would not be necessary , but replacement with some other material would require a new variance . Mr . Schar verified this information and said replacement with the same material would be considered repair and would not require a variance . but substitution with a different material would require a new variance . Ch. Heinrich recalled that the fence as proposed by Mr . and Mrs . Racinowski would not line up with the existing fence and asked if they had discussed the possibility of modifying their request? Mr . Racinowski responded that the ZBA ' s recommendation to locate the fence no more than ten feet ( 10 ' ) from the house was unacceptable to them . The existing fence is at least twelve feet ( 12 ' ) away from the house . Mr . Hersenhouse presented copies of the previous variance . the plat of survey and photographs of the existing fence which is about 2 to 3 feet from the retaining wail . The fence is seventeen feet ( 17 ' ) from the sidewalk and the wall is about fourteen feet ( 14 ' ) from the sidewalk . Ch. Heinrich said the Racinwoski ' s fence would have to line up with the existing fence or it would be detrimental to the neighborhood . Mr . Racinowski responded that their original request was for the fence to be three feet (3 ' ) from the sidewalk and the Village Engineer recommended a setback of five feet (5 ' ) from the sidewalk . He asked about the requirements for an ornamental fence? He was informed that ornamental fences cannot not exceed three feet ( 3 ' ) in height and must be broken every thirty lineal feet (30 ' ) by a minimum space of 6 inches (e' ) . Bushes can be planted up to the sidewalk . but they cannot restrict the line of sight . The Village has the authority to have bushes trim- med if they are obstructive . Mr . and Mrs . Racinowski were advised that they have the following options : 1 . Withdraw their request . 2 . Amend their request to comply with the ZBA ' s recommendation to line their fence up with the neighbor ' s fence at 901 Hobson Drive . 3 . Ask for a vote on the original request . and if denied they can appeal the ZBA ' s decision to the Village Board of Trustees . The Racinwoskis amended their request to comply with the Village Engineer ' s recommendation of five feet ( 5 ' ) from the sidewalk and asked the ZBA to vote on this location for their fence . ZONING BOARD OF APPEALS August 17 . 1993 - rage Two Mr . Dempsey noted that the Village Engineers Review indicated a line-of-sight problem and Mr . Kuenkler recommended that the fence be relocated as shown on the revised plat of survey , Exhibit A-1 . Ch . Heinrich affirmed that the amended petition does not violate the line-of-sight . Com . Windecker made the following motion : I move we grant the request of Daniel and Roberta Racinowski . 902 Hilidale Lane , for variance of the Fence Code , Section 15 . 20 . 040 . pertaining to Residential Districts . for the purpose of constructing a five foot ( 5 ' ) wood fence that would be located a distance of five feet ( 5 ' ) from the sidewalk along Fabish Drive , and relocated , as recommended by the Village Engineer ' s Line-of-Sight Review . dated 7/6/93 . Construction of said fence would not be detrimental to the public health , safety and welfare . Com . Hefler seconded the motion. Roil Call Vote : AYE - None NAY - Entman . Windecker . Hefler and Heinrich ABSTAIN - Arbus (arrived during discussion) Motion DENIED - 4 to 0 . Findings of Fact attached . Petitioners were advised that they can appeal the decision by writing to the Director of Building and Zoning within 15 days (September 2 , 1993) . The next Village Board meeting will be held on September 13 , 1993 . V . NEW BUSINESS A. Condeli Medical Center , 150 Half Day Road - Signs Sign Code , Section 14 . 20 . 050 - Industrial Districts Sign Code , Section 14 . 20 . 090 - Wail Signs Sign Code Section 14 . 20 . 070 - Ground Signs The public hearing notice was read . Mr . Vic Laska , North Shore Sign , 1925 Industrial Drive . Libertyville , IL 60048 ( 816-7020) and Mr . Jay Justice , Condell Medical Center , were sworn in . The Appearance Commission reviewed the proposed signs on July 22 , 1993 and recommended that variances be granted . ZONING BOARD OF APPEALS August 17 . 1993 - Page Three Mr . Laska said Condell is requesting additional wall signs on the east and west elevations of the building to inform people that 24 HOUR MEDICAL TREATMENT is available . Two lines of eighteen inches ( 18 " ) letters will be located toward the south end of the building which faces Half Day Road . The existing non-illuminated wall sign will remain on the south elevation of the building . The proposed "24 HOUR" signs will be silhouette lighted with illumination thrown across the back of the letters . Mr . Laska noted the new ground sign has been installed in front of the building and they would like to install the former double-sided ground sign at the rear of the building . It is twelve feet ( 12 ' ) in height and would replace the existing single faced sign which is seven feet ( 7 ' ) in height . Since the rear of the building is now accessible from both directions , the double-raced sign would be advantageous . Mr . Justice described a recent incident . A person suffering a heart attack unfortunately turned into the Domi.nick ' s park- ing lot because he could not locate the way to enter Condeli and he died in front of Dominick ' s . Mr . Justice added that they would be willing to agree to a time limitation on the signs until people are more familiar with the facility . Ch. Heinrich agreed that the building is very difficult to reach and the signs are necessary. Com . Windecker , Com . Arbus . Com . Entman and Com . Hefler had no questions or objections . A. resident , Mrs . Kathy Vogler at 646 Raintree Court , commented that she lives in the area and knows how difficult it is to find the entrance to the facility . Ch. Heinrich questioned the need for the illuminated sign in the rear because the area is zoned residential and will some- day have houses that could be affected . He suggested control of the hours of illumination . so it goes off each night . Com . Arbus disagreed because the Acute Care Center is open 24 HOURS , it is necessary to have the sign lighted all night . Mr . Laska described the construction of the sign . It has a metal face with cut out plexiglas letters . The light only comes through the letters . Com . Hefler agreed illuminated signs are necessary because it gets dark so early in the winter . He said the light would be minimal because it is diffused when it comes through the plexiglas copy . ZONING BOARD OF APPEALS August 17 . 1993 - Page Four Com . H.ef ier made the following motion: I move we recommend the following variances of the Sign Code . as requested by Condeii Medical Center , 150 Half Uay Road . be granted : 1 . Section 14 . 20 . 050 - Industrial Districts , relating to the number of signs permitted . 2 . Section 14 . 20 . 090 - wall Signs , for the purpose of installing additional signs on the east and west elevations of the building . 3 . Section 14 . 20 . 070 - Ground Signs . for the purpose of installing a second ground sign at the rear of the building . The ground sign is to replace an existing ground sign. In granting the variances the Zoning Board of Appeals finds that such signs will not be detrimental to the essential character of the neighborhood , and meet the conditions of Sign Code , Section 14 . 44 . 010 , Sub-section A. Com . Entman seconded the motion. Roll Call Vote : AYE - Arbus , Windecker . Entman . Hefter and Heinrich NAY - None Motion Passed - 5 to 0 . Findings of Fact Attached . The signs will be placed on the Village Board Consent Agenda on September 13 , 1993 . B. 981 Cumberland Lane , Clayton and Shirley Bond Zoning Ordinance , Section _17 . 40 . 020 - Addition Mr . Clayton Bond was sworn in. The Public Hearing Notice was read and Mr . Bond summarized the reasons for requesting a variance for the purpose of constructing an addition : 1 . They have a four-bedroom house but it has no basement or attic , so they do not have sufficient storage space . 2 . They have two children living at home and Mrs . Bond ' s mother lives with them six (6) months of the year . 3 . They also have five other siblings who visit throughout the year , so the four ( 4) bedrooms are usually occupied . 4 . Mr . Bond has no space in which to work at home so his desk . computer equipment and files are in their bedroom . It is most inconvenient because he cannot work very late at night . ZONING BOARD OF APPEALS `./ August 17 . 1993 - Page Five The proposed addition would provide a playroom with two large closets and an office . They want to remain in the house because they value the school system and it would cause financial hardship to purchase a larger house in Buffalo Grove . Ch . Heinrich read a letter of objection from James and Cheryl Wolf , 995 Cumberland Court . dated August 11 . 1993 . It states that they have been advised by real estate agents that should the Bonds be able to build this addition. it will affect their ability to sell . Mr . Bond said they have not discussed the proposed addition with the Wolfs and the Wolfs have not said anything to them . The Wolfs live next to the Bonds and the addition would be in their front yard , but because of the unusual configuration of the houses . the addition would be in the Bonds side yard . Comments from Commissioners : Com . Entman agreed the lot is unique . Houses usually front on cul-de-sacs and the proposed addition would be in the neighbor ' s front yard . He observed the lots for some time and could not approve the variance as requested even without the neighbor ' s letter of objection . He understands the Bonds need for space and the high cost of moving to a larger house . Com . Windecker questioned whether the 16 ' x 18 ' playroom was necessary because it would come out to far into the neighbor ' s front yard and he could not support the request . An addition could be constructed up to the building line without any variance . Com . Arbus commented that he is familiar with the model and he tried to visualize a sixteen foot ( 16 ' ) addition . He asked if they have considered adding on to the back of the house? Mr . Bond answered that they have . Com . Hefler asked if they explored adding on to the rear? Mr . Bond replied that an addition at the rear of the house was their first choice , but it would be much more expensive because they would have to remove the kitchen wall . It would also take away space from the rear yard and that is the only private area that they have . Com . Hefler suggested one way to construct an addition with- out disturbing the plumbing would be to create an island work space in the kitchen. It would be difficult for him to support a variance that would inconvenience all future neighbors because the petitioners nave another option. ZONING BOARD OF APPEALS August 17 , 1993 - Page Six Ch . Heinrich said that , notwithstanding the realtor ' s state- ment , the situation is so unique with the proposed addition going in the neighbor ' s front yard , he would agree with the other Commissioners that a variance is not feasible . There is a substantial rear yard and an addition could be located in the rear yard toward Cumberland Court . He suggested using the sliding door of the breakfast room for access without removing any walls , or the family room window could be made into the entrance . This would minimize the cost . Com . Arbus said that he would be more inclined to vote for a rear yard variance . Com . Entman observed that . while not being an architect . it appears that an addition could be constructed in the rear yard . Mr . Dempsey advised the petitioners that . if the hearing is continued and they amend their request , it would be necessary to republish if the encroachment into the required thirty foot ( 30 ' ) rear yard setback is more than six feet (6 ' ) . Mr . and Mrs . Bond agreed to Table their request . Com. Entman made a motion to Table until September 21 , 1993 . Com . Windecker seconded the motion. Voice Vote - AYE Unanimously. Mr . and Mrs . Bond were advised to consult their architect and their neighbor . Any new proposal should be submitted to the Building Department for review to determine if republication is necessary . Com. Entman left the meeting at 9 : 00 P . M . C . 646 Raintree Court . Gregory and Kathleen Vogler Fence Code , Section 15 . 20 . 040 - Residential Districts Gregory and Kathleen Vogler were sworn in and the Public Hearing Notice was read . Mr . Vogler summarized their reasons for requesting a variance for the purpose of constructing a four foot ( 4 ' ) wood fence that would extend past the building line at the corner of Sandalwood Road and Port Clinton Road : 1 . The fence would provide safety for their two ( 2) small children. 2 . Their lot is unique in that it is bordered by three ( 3) streets . 3 . Port Clinton , at the corner of Sandalwood Road is used by bikers , joggers , dog walkers , skaters , H. S . driver ' s education teachers track and cross country teams . The corner has also been used by the police for radar surveillance . ZONING BOARD OF APPEALS August 17 . 1993 - Page Seven 4 . The rear of the lot slopes down but they are only asking for a four foot ( 4 ' ) fence . They are not seeking privacy . just security for their children from traffic , dogs and strangers . The Village Engineer ' s Review . dated August 5 . 1993 states : Village ordinance does not allow encroachments within twenty-five feet ( 25 ' ) of the corner of the property line . The suggested location is shown on the enclosed plan. If considered , it should be set back five to ten feet ( 5-10 ' ) from the sidewalk on Sandalwood Road . ' Mr . Vogger said they planned to angle the fence at the both rear corners of the lot and they agreed to comply with the Village Engineer ' s recommendation. Comments from Commissioners : Com . Arbus said the lot is like an island . He had observed the slope to the rear of the lot and asked if a four foot ( 4 ' ) fence is going to meet their needs? Mr . Vogler responded that they do not want a privacy fence but the four foot (4 ' ) fence will keep people out of the yard . The fence will still be four feet (4 ' ) high at grade level . Com . Arbus commented that the rear yard is considerably large and suggested that if they construct the fence fifteen feet ( 15 ' ) from the sidewalk they would have a shorter angle at the corner . Mrs . Vogler said they measured the side yard after they got the Village Engineer ' s Review . They have a pine tree about ten feet ( 10 ' ) from the sidewalk and they would like to keep it inside the yard . A poll of the Commissioners indicated agreement , so the Vogiers amended their petition to construct the fence a distance of ten feet ( 10 ' ) from the sidewalk and comply with the Village Engineer ' s recommendation to angle the fence outside the twenty-five foot (25 ' ) radius . Com . Arbus made the following motion: I move we grant the request made by Gregory and Kathleen Vogler . 646 Raintree Court . for variance of Fence Code , Section 15 . 20 . 04U . Pertaining to Residential Districts . for the purpose of constructing a four foot ( 4 ' ) wood picket fence that would extend past the building line along Sandalwood Road and Port Clinton Road . ZONING BOARD OF APPEALS August 17 . 1993 - Page Fight Said fence not to be closer than ten feet ( 10 ' ) from the sidewalk along Sandalwood Road and it is to comply with the Village Engineer ' s requirement not to encroach within twenty-five feet ( 25 ' ) of the northwest corner of the property . Petitioners have demonstrated that this fence will not be detrimental to the public health . safety and welfare . Roll Cali Vote : AYE - Hefler , Windecker . Arbus . Heinrich NAY - None Motion Passed - 4 to O . Findings of Fact Attached . Permit may be issued in 15 days - September 2 , 1993 . D. 1317 Devonshire Road . Scott and Lynda Miller Zoning Ordinance . Section 17 . 32 . 020 - In round Swimming Pool Scott and Lynda Miller were represented by Mr . Ron Bell , 1335 Devonshire Road . They were ail sworn in and the public hearing notice was read . The Village Engineer ' s Review , dated . August 5 , 1993 . states : ' The proposed construction will not affect the existing property drainage pattern : however . it will be necessary for the petitioner to provide a detailed grading plan indicating how the grade will be altered outside the swaie and easement area. . as the proposed construction is very close to these areas . Please advise the homeowner that no alteration of the grade within five feet ( 5 ' ) of the property line or swaie is allowed . ' Mr . Bell said he lives a few blocks away from the Millers . His lot is approximately the same size and he has an identical swimming pool . Two doors away from him . the Puttermans have a pool and two doors away from them . the Singers have a pool . The Miller ' s pool will be about the fifth pool in the area . The aesthetics of the pools are pieasing and the Millers have used Mr . Bell ' s pool for the past three years , so they have decided to have one installed in their yard . Mr . Dan Meifar , 1315 Devonshire Road . neighbor to the east . was present and said he is in favor of the proposed pool . Mr . Miller said the neighbor to the west has been informed and he has no objections . Should any damage occur , during con- struction . to the neighbors sod , etc . , it will be repaired . Ch. Heinrich calculated that the total rear yard coverage will be about 25% . ZONING BOARD OF APPEALS August 1I . l99 - Page Nine Mr . Larry Mullen , Advanced Pool Construction ( 708-735-0555) explained that the existing drainage problem will be improved because the pool itself will catch water and will be drained directly into the storm sewer . There will be a planting area around the edge of the decking area that will absorb almost all water that fails . There will be no grade changes to the easement or the swale . The existing concrete patio will be removed and replaced with the pool which will be about two inches (2 ' ) above grade level . There will be a five foot ( 5 ' ) concrete area around the pool with an eightteen inch ( 18 ) planting area to catch water . Mr . Schar said the concrete area does not count in the yard coverage , so they will be approximately 93 sq . ft . over the permitted 20% rear yard coverage . Mr . Mullen , explained that , in the winter , the pool will be partially drained into the storm sewer . It will be covered with a spring- loaded mesh cover that drains melted snow into the pool . The water is pumped out in the spring . The process was described and it connecting tiles underground to the sump pump and running the water out to the storm sewer . This will alleviate the water that drains onto Mr . Belfar ' s property . All neighbors have been advised of their intentions . Ch. Heinrich agreed the drainage solution is advantageous . Comments from Commissioners : Com . Hefier - No comments or objections . Com . Windecker - No comments or objections . Com . Arbus said he is against pools , but if the drainage is not affected and neighbors do not object . he would not oppose the variance . Com . Windecker made the following motion: I move we recommend to the Village that the request made by Scott and Lynda Miller . 1317 Devonshire Road . for variance of Zoning Ordinance , Section '7 . 32 . 020 , pertaining to Location of Accessory Buildings and Structures , for the purpose of installing an inground swimming pool that would exceed the 20% rear yard coverage limitation. be granted . Conditions : 1 . Pursuant to the Village Engineer ' s Drainage Review , dated August 5 , 1993 , a detailed grading plan , indicating how the grade will be altered outside the swale and easement area , is to be provided . 2 . The drain is to be connected to the storm sewer at the rear of the property at the nearest location . ZONING BOARD OF APPEALS August 17 , 1993 - Page Ten Unique circumstances having been demonstrated . the proposed construction will not alter the essential character of the neighborhood . Plans indicate that the lot coverage will be 93 square feet over the permitted 20% and total less than 25% . Com . Heller seconded the motion . Roll Call Vote : AYE - Windecker . Arbus , Hefier . Heinrich NAY - None Motion Passed - 4 to O . Findings of Fact Attached . Item will be placed on the Village Board Consent Agenda on September 13 , 1993 . Permit may be issued after approval . E . 545 Parkchester , Sueng M. and Sue M. Won Fence Code . Section 15_20 .040 - Fence east buildin . line . Sueng and Sue Won . 545 Parkchester . were sworn in and the public hearing notice was read . Mr . Won summarized their reasons for requesting a variance for the purpose of constructing a five foot ( 5 ' ) and six foot (6 ' ) in height that would extend past the building line along Horatio Blvd : 1 . They are seeking privacy from the traffic on Horatio Blvd . 2 . They have a deck and he wants to build a storage shed . but they do not have enough room in the area . 3 . They have two boys (9 and 12 years) and he would like to build some exercise equipment in that area. Mr . Won said they would construct the fence pursuant to the The Village Engineer ' s Review . dated August 5 . 1993 , which states : "The proposed fence conflicts with the desired sight distance , and encroachment is not recommended . The suggested location , is shown on the enclosed plan . set back five feet from from the sidewalk . Ch . Heinrich asked what they would accomplish by only having a fence along Horatio Boulevard? People driving or walking . could still see into the yard and they would have no privacy . Mrs . Won explained that the fence is an expense they hope the neighbors (property now under construction) will want a fence along the property line . They do not have small children that need to be protected from the street . ZONING BOARD OF APPEALS August 17 . 1993 - Page Eleven Ch . Heinrich said they do not need to have a fence in order to put up the storage shed and it could not go into the side yard even with a variance . In his opinion . the proposed fence will not serve any purpose . Mrs . Won asked about planting shrubs along the property line and she was informed that permits are not required for bushes . If they become a line-of-sight problem . the Village has the authority to trim them or ask for them to be moved . Comments from Commissioners : Com . Hefler said the Board may not grant a variance five feet (5 ' ) from the sidewalk . Com . Arbus said he would not vote for any variance because all the other houses to the north face Horatio Boulevard . This is the only house that faces Parkchester Road and this would be the only fence . Ch . Heinrich advised Mr . and Mrs . Won that they can accomplish all they want to with bushes , without the fence . Mr . Demsey informed Mr . and Mrs . Won of their option: 1 . They can withdraw their request for a variance 2 . They can ask for a vote and . if denied , they have the right to appeal to the Village Board . �./ Mr . and Mrs . Won agreed to WITHDRAW their petition. F . 491 Springside Lane , Jeffrey and Barbara Julis Zoning Ordinance , _Section 17 . 40 . 020_-_Front yard addition Jeffrey and Barbara Julis were sworn in and the public hearing notice was read . Mr . Julis summarized their reasons for requesting a variance for the purpose of constructing an addition at the front of their house : 1 . They have two growing children and they need more living space . They want to convert their existing garage into a family room and add a new garage . 2 . The house is a Roxbury model with no basement and they need more storage space . 3 . They prefer to stay in their home , rather than move to a different . more expensive house . Ch. Heinrich observed that the garage would be nineteen feet ( 19 ' ) deep without a variance . Twenty-four feet ( 24 ' ) is a long garage and he has a problem going into front yard setback . He noted that they were also proposing a variance into the side yard setback . ZONING BOARD OF APPEALS August. 17 . 1993 - Page Twelve Mr . Julis said their existing garage is twenty-four feet ( 24 ' ) deep and they want to replace it with the same size to accommodate their refrigerator/freezer . Comments from Commissioners : Com . Helier said they are changing the character of the building . the frontage of houses on a street is usually the same and by going out to the side . they are also creating a box in front . Mr . Julis responded that there are similar additions in the area and going the additional space into the side yard is the most efficient way to give them the storage space they need . Mrs . Julis said they got the idea after seeing other houses . They plan to plant bushes around the addition . Com . Heiler said the idea might be good for them but not so good for the neighbors . Mrs . Julis replied that they have talked to their neighbors and there have been no adverse comments . Com . Arbus verified that there are a number of other homes in the area that have similar additions and he agreed that a nineteen foot ( 19 ' ) garage would be too short to justify the cost . He under- stands the need for additional storage space . The trees and land- soaping in the area is mature and the addition will not disturb the neighborhood . it will enhance it . Since the neighbors have not objected , he does not have a problem with the variance . Com . Windecker said he would prefer to keep the addition in line with the house . He asked how much space would be lost without it? It was calculated that they would lose approximately 50 sq . ft . or 10% of the proposed 500 sq . ft . addition . Mr . Julis explained that a 22 ' x 24 ' addition would permit them to convert the existing garage into a family room , extend the laundry room and mud room as well as give them sufficient storage space . After further consideration , the Commissioners agreed to permit the variance . ZONING BOARD OF APPEALS August 17 . 1993 - Page Thirteen Com. Hefler made the following motion: I move we grant the request of Jeffrey and Barbara Julis , 491 Springside Lane , for variance of the Zoning Ordinance , Section 17 . 40 . 020 , pertaining to Area , Height . Bulk and Placement Regulations for the purpose of constructing an addition that would encroach a distance of five feet(5 ' ) into the required thirty foot ( 30 ' ) front yard setback and encroach a distance of two feet six inches (2 ' 6" ) into the required eight foot (8 ' ) side yard setback . Unique circumstances having been demonstrated , the proposed variance will not alter the essential character of the neighborhood . The Village Engineer ' s Review dated August 5 . 1993 , states : " the proposed addition will not alter the existing drainage pattern. " The petitioners were advised that no alteration of the grade within five feet (5 ' ) of the property line or swale is allowed . Com . Windecker seconded the motion. Roll Call Vote : AYE - Arbus , Windecker , Hefler , Heinrich NAY - None Motion Passed - 4 to 0 . Findings of Fact Attached . Permit may be issued in 15 days - September 2 . 1993 . Li G. 446 Ronnie Drive , Richard and Sharon Reinherz Zoning Ordinance . Section 17 . 40 . 020 - Front Porch Addition Mrs . Sharon Reinherz . 446 Ronnie Drive , and Mr . Tim Kral , T. T. Kral Builders , Inc . were sworn in and the public hearing notice was read . Mr . Kral explained that the proposed front porch would enhance the architecture of the house and protect the front door from the weather . The house faces west . A diagram of the proposed porch was submitted and described . It will extend six feet (6 ' ) out from the front of the house and because of the configuration of the house , one corner would encroach a distance of 2-1 /2 feet into front yard . The Commissioners had no objections . They agreed the porch would be a nice improvement to the house and neighborhood . Com . Windecker made the following motion: I move we grant the request of Richard and Sharon Reinherz . 446 Ronnie Drive . for variance of the Zoning Ordinance , Section 17 . 40 . 020 , pertaining to Area , Height , Bulk and Placement Regulations , for the purpose of constructing a front porch. ZONING BOARD OF APPEALS August 17 , 1993 - Page Fourteen Said porch would encroach a distance of three feet ( 3 ' ) into the required twenty-five foot (25 ' ) front yard setback . Addition to be constructed pursuant to plans submitted to and approved by the Village . The petitioner having exhibited unique circum- stances , the proposed addition will not alter essential character of the neighborhoods . Com . Arbus seconded the motion. Roll Call Vote : AYE - Hefler . Windecker , Arbus . Heinrich NAY - None Motion Passed - 4 to 0 . Findings of Fact Attached . Permit may be issued in 15 days - September 2 , 1993 . H. 497 Middlesex Court . Howard and Elaine Fagan Fence Code , Section 15 . 20 . 040 - Residential Districts Howard and Elaine Fagan , 497 Middlesex Court , were sworn in and the public hearing notice was read . Mr . Fagan explained that they are replacing a section of an existing fence . The Fagans purchased the house nine (9 ' ) years ago and the fence was there . It is at least twenty (20) years old and it is deteriorating . They want to replace the front section facing Middlesex Court and the sections along the west property line . Their neighbor will share the cost and they both want to maintain the six foot (6 ' ) height . Ch. Heinrich noted that the existing fence predates the Fence Code and the neighbors do not object , so he has not problem . The Commissioners had no comments or objections . Com . Arbus made the following motion . • I move we grant the request of Howard and Elaine Fagan, 497 Middlesex Court . for variance of the Fence Code , Section 15 . 20 . 040 . pertaining to Residential Districts , for the purpose of replacing an existing six foot (6 ' ) wood fence with new six foot (6 ' ) fencing . The petitioners have demonstrated that granting of this variance will not detrimental to the public health, safety and welfare . Com . Windecker seconded the motion. Roll Call Vote : AYE - Hefler , Windecker , Arbus , Heinrich NAY - None Motion Passed - 4 to 0 . Findings of Fact Attached . Permit may be issued in 15 days - September 2 , 1993 . ZONING BOARD OF APPEALS August 17 , 1993 - Page Fifteen VI . ANNOUNCEMENTS Approval of Minutes - July 20 , 1993 Com. Hefler made a motion to approve the minutes of July 20 . 1993 as submitted . Com . Arbus seconded the motion . Roll Call Vote : AYE - Windecker , Arbus , Hefler and Heinrich NAY - None Motion Passed - 4 to 0 . VII . ADJOURNMENT Com . Hefler made a motion to adjourn. Com . Arbus seconded the motion. Ch. Heinrich adjourned the meeting at 10 : 10 P.M. Respectfully submitted , ' Oei"Xj — Shirley Ba es , Recording Secretary sb ZONING BOARD OF APPEALS August 17 , 1993 - Page Sixteen