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1994-06-21 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE , ILLINOIS TUESDAY , JUNE 21 , 1994 I . CALL TO ORDER Chairman Richard Heinrich called the Zoning Board of Appeals Public Hearing to order at 7 : 36 P .M. on June 21 , 1994 in the Council Chambers of the Village Hall , 50 Raupp Boulevard . II . ROLL CALL Commissioners Present : M. Kearns , J . Paul , B . Entman , L . Windecker and R. Heinrich . QUORUM. Commissioners Absent: L . Arbus and H . Hefler Bldg . Dept . Liaison: Edward Schar , Deputy Building Commissioner Village Attorney : Richard Skelton Village Board Liaison : John Marienthal , Trustee III . APPROVAL OF MINUTES March 15 , 1994 - Motion to approve made by Com. Windecker and seconded by Com. Paul . No additions or corrections . Roll Call Vote : AYE - Kearns , Paul , Entman and Windecker NAY - None ABSTAIN - Heinrich Motion Passed - 4 to 0 , 1 abstention . May 17 , 1994 - Motion to approve made by Com. Kearns and seconded by Com. Windecker . No additions or corrections . Roll Call Vote : AYE - Heinrich , Kearns , Entman and Windecker NAY - None ABSTAIN - Paul Motion Passed - 4 to 0 , 1 abstention Minutes of March 15 , 1995 and May 17 , 1994 were approved as submitted and will be placed on file . IV . OLD BUSINESS A. 891 Beechwood , Donald and Diane Hooghkirk Zoning Ordinance , Section 17 . 40 . 020 - Addition Motion to remove from Table was made by Com. Kearns and arnsmansly seconded by Com. Windecker. Voice Vote Ch . Heinrich summarized the reasons for Tabling 8the request stA for a front yard variance for over eight lt Commissioners were reluctant to approve afrontin ayayard ut the varianceof more than five feet (5 ' ) and were uncer appearance of the roof lines of the proposed additions . Mr. and Mrs. Hooghkirk were present. The blueprints, submitted by their architect, Mr. Ron Stolarz, 410 E. Burr Oak Drive, Arlington Heights, IL 60004 (259-3211) , were reviewed. Mrs. Hooghkirk said they were pleased with the architect' s proposal and have amended their petition on its face to request a variance of 5 ' 2" into the required twenty-five foot (25 ' ) front yard setback. Comments from Commissioners: Com. Paul: The proposed addition will be a significant improvement to the house and to the neighborhood. There were some neighbors present: Mr. and Mrs. Jerry Sharzewski, 879 Beechwood Road, live to the east side of the Hooghkirks, next to their garage. They said the addition will improve the neighborhood and added that the Hooghkirks are the best neighbors that they have ever had. The variance will keep them from moving. Mr. and Mrs. Bruce Hemmingway, 631 Weidner Road, live directly west of the petitioners. They have no objection to a five foot (5 ' ) and the addition will improve the neighborhood. Mr. and Mrs. William Schirka, 890 Beechwood Road, live directly across the street from the Hooghkirks. They have no problem with the proposed variance. Com. Paul: When the proximity to the sidewalk is weighed against the improvements, the variance is acceptable. Other residents have made improvements to their property and the result is the difference between night and day. The neighborhood looks better than it has in twenty years. It is marvelous to keep residents in Buffalo Grove. Since the immediate neighbors do not object, neither does he. Com. Windecker: Reviewed the plans and has no objection. Com. Kearns: No objection, if the neighbors do not object. Com. Entman: No objections. Ch. Heinrich: He would be reluctant to grant a variance into the front yard , but after reviewing the plans, since the neighbors have no objections, he does not object. Com. Kearns made the following motion: I move we grant the variance requested by Donald and Diana Hooghkirk, 891 Beechwood Road, 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 two inches (5 ' 2") into the required twenty-five foot (25 ' ) front yard setback; (continued) ZONING BOARD OF APPEALS June 21, 1994 - Page Two encroach a distance of two feet (2 ' ) into the required six foot (6 ' ) side yard setback, and permit the combined side yard total to be less than the required fourteen feet (14 ' ) . Hardship having been established, construction will not alter the essential character of the neighborhood. Addition to be constructed pursuant to architectural plans submitted by Ron Stolarz, Sheets 1-4, Exhibit K. Pursuant to the Village Engineer' s Review, dated May 4 , 1994, which states: . . .there is a nonconforming driveway addition on the property which should either be removed or completed. Mr. Hooghkirk presented photographs of the existing driveway. He said it is stone and held in place with railroad ties. There was no ordinance when he put it in. He and asked what would be accepted as an improve- ment? Mr. Schar said an ordinance was passed a couple of years ago and the Village would accept either concrete or asphalt. Ch. Heinrich informed Mr. Hooghkirk that he must comply with the Code. Mr. Hooghkirk agreed. The Village Engineer' s Review was made a part of the motion. Com. Paul seconded the motion. Roll Call Vote: AYE —Kearns, Paul, Entman, Windecker and Heinrich NAY - None Motion Passed - 5 to 0. Findings of Fact Attached. Permit may be issued in fifteen (15) days - July 7, 1994. V. NEW BUSINESS A. 901 Bedford Court, Joseph and Katarina Cilia Municipal Code, Section 15.20.040 - Residential Districts Construction of a six foot (6 ' ) wood fence Mr. Joseph Cilia was sworn in and the public hearing notice was read. Mr. Cilia summarized the reasons for requesting a variance for the purpose of constructing a six foot (6 ' ) fence along the rear lot line abutting Fremont Way: 1. There is heavy traffic along Fremont Way 2. There is a townhome development across Fremont Way. 3. The school bus stops at the corner of Fremont Way and Newport. ZONING BOARD OF APPEALS June 21, 1994 - Page Three 4. The neighbors all have six foot (6 ' ) fences 5. The rear yard is very shallow. He is 5 ' 8" tall and the six foot (6 ' ) fence will give them the needed privacy. 6. There will be no fence along the interior lot lines. Comments from Commissioners: Com. Entman: No objections. Asked if the style will match the neighbor' s arched fence? Mr. Cilia said he prefers a stockade fence and added that the continuity will be the height of six feet (6 ' ) . He has talked with all his neighbors and they do not object. Com. Kearns: No objection. Com. Paul: No problem. Com. Windecker: No. problem. The Village Engineer' s Review, dated June 2, 1994 states: "There is no applicable line of sight at this location. " Com. Windecker made the following motion: I move we grant the request of Joseph and Katarina Celia, 901 Bedford Court, for variance of Municipal Code, Section 15.20.040 , pertaining to Residential Districts, for the purpose of constructing a six foot (6 ' ) wood fence along the rear lot line abutting Fremont Way. Com. Paul seconded the motion. Roll Call Vote: AYE - Kearns, Paul, Entman, Windecker and Heinrich NAY - None Motion Passed - 5 to 0 . Findings of Fact. Attached. Permit may be issued in fifteen (15) days - J.uly 7, 1994. VI. ANNOUNCEMENTS Ch. Heinrich welcomed John Marienthal back as Liaison. Trustee Marienthal said he had no announcements from the Board. Mr. Schar had no announcements. VII. ADJOURNMENT Com. Entman made a motion to adjourn. Com. Windecker seconded the motion. Voice Vote AYE Unanimously Ch. Heinrich adjourned the meeting at 7:59 P.M. Respectfully submitted, Shirley Ba es Recording Secretary ZONING BOARD OF APPEALS June 21 , 1994 - Page Four