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1994-03-15 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE . ILLINOIS TUESDAY . MARCH 15 . 1994 I . CALL TO ORDER in the absence of Chairman Richard Heinrich . Commissioner Michael Kearns chaired the meeting . He called the Zoning :Board of Appeals to order at 7 : 50 P . M . on Tuesday , March 15 . 1994 at the Village Hail . 50 Raupp Boulevard . II . ROLL CALL Commissioners Present : J . Paul , B . Entman , L . Windecker , L . Arbus , H . Hefler and M . Kearns . QUORUM . Commissioners Absent : R . Heinrich Bldg . Dept . Liaison : Edward Schar . Deputy Building Commissioner III . APPROVAL OF MINUTES February 15 , 1994 - Motion to approve as submitted was made by Com . Windecker and seconded by Com . Arbus . Roll Cali Vote : AYE - Paul , Arbus , Windecker and Kearns NAY - None ABSTAIN - Entman and Hefter Motion Passed - 4 to v . 2 abstentions Minutes of February 15 . 1994 were approved . IV . BUSINESS A . 447 St . Mary ' s Parkway . Steven J . and Kathe P . Schafehen Zoning Ordinance . Section 17 . 40 . 020 - Variance to bring the existing structure into conformance with the current zoning ordinance and permit construction of a roofed-over front Torch Ch . Kearns stated that a Notice of Public Hearing was published in the Buffalo Grove-Lone xrove Herald on February 26 , 1994 . Mr . Steven Schafehcn was sworn in and summarized the reasons fr;. requesting a variance : 1 . A second story addition will be built to allow more comfortable living space . 2 , A roofed-over front porch will be added to improve the aesthetics of the house . 3 . The family does not want to move away from friends . schools and convenient shopping areas . 4 . The proposed construction wiil add charm to the house and improve the value of the neighborhood . Ch . Kearns asked about the need for a variance to bring the existing nouse and proposed addition into conformance with the side yard setback requirements of the current zoning ordinance? Mr . Schar explained that when the house was constructed the 5 . 7 ' setback on the southeast side probably met the requirements of the zoning ordinance . but the current ordinance requires a six foot ( 6 ' ) side yard setback anu a variance is necessary to make the structure comply with today ' s standards . she proposed second story addition will line up with the first floor . and therefore . may also require a variance . Mr . Richard Skelton , Village Attorney , was not present and could not be reached by phone to confirm the necessity of a variance , but he had received a copy of the public hearing notice before it was published and did not object to the verbiage . The Commissioners discussed the need to Table until a legal opinion is obtained and concurred that it was unnecessary . If the existing structure is brought into compliance with the current zoning ordinance . then a variance for the proposed second story addition is a moot point and no legal action is necessary . Comments from Commissioners regarding the construction of the front porch: Com . Paul : No problem with proposed variances . The porch will improve the appearance of the house . provide shelter from rain , etc . The entire addition is attractive and would be an asset to the neighborhood . Com . Windecker : No objections . The porch will add critique to the house and appeal to the neighborhood . Com . Arbus : No objections . Will help the neighborhood . Com . Hef l er : This procedure has been followed in the past and is acceptable now. Com . Entman: Asked if any of the neighbors have objected? Mr . Schefenhen replied that the neighbors are very interested because some are considering a similar addition and want to observe the procedure . Com . Kearns : No objection. Agreed the addition will upgrade the character of the house and neighborhood . He confirmed that the petitioners would have to purchase a new house if the variance is not granted and this would constitute a financial hardship . ZONING BOARD OF APPEALS March 15 . 19:)4 - Page Two Com . Entman made the following motion , pursuant to Zoning Ordinance . Section 17 . 24 . 010 . which states : A. The lawful use of a structure existing at the time of adoption of this Title may be continued , although such structure does not conform with the provisions thereof . I move we grant the petition of Steven J . and Kathe P. Schafehen , 447 St . Mary ' s Parkway , for variance of the Zoning Ordinance . Section 17 . 40 . 020 . pertaining to Area , Height . Bulk and Placement Regulations for the purpose of bringing the existing house into conformance with the side yard setback requirements of the current zoning ordinance , which is six feet ( 6 ' ) in Zoning District R-6 ) , and the existing setback is 5 . 7 feet : Com . Windecker seconded the motion. Roll Call Vote : AYE - Hefier . Entman . Paul . Windecker , Arbus and Kearns Motion Passed - 6 to 0 . Com . Entman amended the motion as follows : I further moved that a variance be granted for the purpose of bringing the proposed second story addition into conformance with the side yard setback requirements of the current zoning ordinance . Petitioners having exhibited unique circumstances , the proposed construction will not alter the essential character of the neighborhood . The variance is subject to suitable plans be submitted to and approved by the Village with the stipulation that addition is to be constructed with proper materials . The motion is made subject to the Village Attorney ' s approval and in the event that further action is required , the item will be republished and a new public hearing will be scheduled . Com. Windecker seconded the amended motion . Roil Call Vote : AYE - Hefier . Entman . Paul , Windecker Arbus and Kearns Motion Passed - 6 to 0 . Com. Entman made the following motion: I move we grant the petition of Steven J . and Kathe P. Schafehen . 447 St . Marys Parkway for variance of Zoning Ordinance , Section 17 . 40 . 020 . pertaining to Area , Height , Bulk and Placement Regulations . for the purpose of constructing a roofed-over front porch that would encroach a distance of three feet six inches ( 3 ' 6 ) into the required twenty-five foot (25 ' ) front yard setback . ZONING BOARD OF APPEALS March 15 . 1994 - Page Ihree Subject to submission and approval of plans by she Village . variance not to exceed three feet , six • inches ( 3 ' 6 - ) into the required tront yard setback . Unique circumstances having been demonstrated , the proposed construction will not alter the essential character of the neighborhood . Com . Windecker seconded the motion . Roil Call Vote : AYE - Hefler , Entman , Paul , Windecker . Arbus and Kearns NAY - None Motion Passed - 6 to O . Findings of Fact Attached . Permit may be issued in 15 days . Mr . Schar will consult Mr . Skelton on Wednesday and Ch. Kearns asked that the Commissioners be advised of the decision. V . ANNOUNCEMENTS Mr . Schar announced that no business has been submitted for April . VI . ADJOURNMENT Com. Arbus made a motion to adjourn. Com. Windecker seconded the motion. Voice Vote - AYE Unanimously Ch. Kearns adjourned the meeting at 8 : 30 P . M . Respectfully submitted . Shirley Bates Recording Secretary sb ZONING BOARD OF APPEALS March 15 , 1994 - Page Four