1994-01-18 - Zoning Board of Appeals - Minutes •
ZONING BOARD OF APPEALS
VILLAGE OF BUFFALO GROVE , ILLINOIS
TUESDAY , JANUARY 18 , 1994
I . CALL 10 ORDER
Chairman Richard Heinrich called the meeting of the Zoning Board
of Appeals to order at 7 : 40 P . M . on Tuesday . January 18 , 1994 .
The Alcott Community Center at 530 Bernard Drive was closed , due
to inclement weather , so the public hearing was held in the Lower
Level Conference Room of the Village Hall at 50 Raupp Boulevard .
Notice was placed on the door of the Alcott Center and all parties
were notified . Mr . Skelton had no objections to the change .
II . ROLL CALL
Commissioners Present : J . Paul , B . Entman , L . Arbus ,
H . Hefler and R . Heinrich . QUORUM .
Commissioners Absent : M . Kearns and L . Windecker
Bldg . Dept . Liaison : Edward Schar . Deputy Building Commissioner
Village Attorney : Richard Skeiton
Village Board Liaison : Brian Rubin . Trustee
ITT . APPROVAL OF MINUTES
November 16 . 1993 - Com . Entman made a motion to approve .
Com . Hefler seconded the motion .
No additions or corrections .
Roll Call Vote : AYE - Paul , Entman . Hefier and Heinrich
NAY - None
ABSTAIN - Arbus
Minutes of November 16 , 1994 approved as submitted .
IV . BUSINESS
A . 1512 Countryside Drive . John and Gail Fischer
Zoning Ordinance , Section 17 . 40 . 020 - Pertaining to :
Area , Height , Bulk and Placement Regulations
Variance of 3 feet into the required 25 foot front yard
setback for construction of a 2nd story addition .
The Public Hearing Notice was read . John and Gail Fischer
were sworn in . They had requested a variance of 1 - 1 / 2 feet
into the required twenty-five foot ( 25 ' ) front yard setback
but that did not allow for an overhang of approximately one
foot ( 1 ' ) so the distance of three feet ( 3 ' ) was published
in order to cover all possibilities . Actual plans have not
been submitted . but Mr . Fischer said they have considered
their needs and the second story will only extend two feet
( 2 ' ) past the existing structure .
Ch. Heinrich said he had no problem with this request because
there is no encroachment into the front yard at ground level .
Com . Hefler recalled a previous discussion about cantilevers
being limited because they could theoretically extend out too
far into the setbacks .
Mr . Schar confirmed that the Zoning Ordinance specifies that
the required yard must be open from the ground up , so a
variance is necessary .
Ch. Heinrich asked the Fischers if they have informed their
neighbors of their proposed addition?
Mrs . Fischer replied that she has talked to the seven ( 7)
neighbors that are on their street , including 1506, 1509 .
1515 and 1518 Countryside Drive . There were no objections .
The materials ( siding and roof ) will match the existing
structure .
Ch. Heinrich said he has not objection to the variance .
Comments from Commissioners :
Com . Arbus : No problem .
Com . Entman: Asked the petitioners if they have considered
moving to a different house .
Mrs . Fischer responded that purchasing a larger house would be
to cost prohibitive .
Mr . Fischer added that if they moved , it would take their
children out the school district and their children would have
to leave their friends , etc .
Com . Paul : Asked about Mr . Fischer ' s medical problem.
Mr . Fischer explained that he used to be in construction work
but a wall fell on him and left him with a bad back . He must
continue to have therapy and the addition will include a
larger bathroom which wiii enable them to put in an oversize
tub for therapeutic purposes .
Com . Arbus : No problem.
Com . Hefler : No problem .
The Commissioners discussed the need for a three foot (3 ' )
variance since the addition will only extend 1-1/2 feet into
the front yard setback , but because plans have not been
drawn , it was decided to grant the three feet ( 3 ' ) to allow
for variables .
ZONING BOARD OF APPEALS
January 18 . 1994 - Page Two
Com. Entman made the following motion:
I move we grant the request made by John and Gail Fischer ,
1512 Countryside 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
second story addition that would encroach a distance of
three feet (3 ' ) into the required twenty-five foot ( 25 ' )
front yard setback , subject to the following conditions : .
1 . Variance not to be more than three feet ( 3 ' )
into the front yard setback .
2 . Construction materials to be of like kind and
quality to match the existing structure .
3 . Addition to be constructed pursuant to plans
and specifications approved by the Village .
Petitioners having exhibited unique circumstances , the
variance and proposed construction will not alter the
essential character of the neighborhood .
Com . Paul seconded the motion.
Mr . Skelton had no comment .
Roll Call Vote : AYE - Arbus . Hefler , Paul , Entman, Heinrich
NAY - None
Motion Passed - 5 to 0 . Findings of Fact Attached .
Permit may be issued in 15 days . February 3 , 1994 .
Ch. Heinrich informed Mr . and Mrs . Fischer that the variance
is good for six months from this date and construction must
begin within six months after issuance of the permit .
Mr . Fischer said they will contact their architect . Plans
will be submitted and they hope to begin construction in
March.
V. ANNOUNCEMENTS - None .
VI . ADJOURNMENT
Com . Arbus made a motion to adjourn .
Com . Paul seconded the motion.
Voice Vote - AYE Unanimously.
Ch. Heinrich adjourned the meeting at 8 : 05 P . M.
Respectfully submitted ,
Shirley Bates
ZBA Secretary
ZONING BOARD OF APPEALS
January 18 . 1994 - Page Three