1996-03-19 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS
VILLAGE OF BUFFALO GROVE, ILLINOIS
TUESDAY, MARCH 19 , 1996
I . CALL TO ORDER
Chairman Richard Heinrich called the Zoning Board of
Appeals meeting to order at 7 : 38 P . M . on Tuesday,
March 19 , 1996 in the Council Chambers of the Village
Hall , 50 Raupp Boulevard .
II . ROLL CALL
Commissioners Present : J . Paul , L . Windecker,
H . Hefler and R . Heinrich
Commissioners Absent : B . Entman and L . Arbus
Bldg . Dept . Liaison : Edward Schar
Deputy Building Commissioner
Village Attorney : Richard Skelton
III . APPROVAL OF MINUTES
February 20 , 1996 - Motion to approve was made by
Com . Windecker and seconded by Com . Paul .
Roll Call Vote : AYE - Hefler, Paul ,
Windecker and Heinrich
NAY - None
Motion Passed - 4 to 0 .
Minutes of February 20 , 1996 were approved as submitted .
Ch . Heinrich announced that Robert and Sheri Weinstein,
10 Chestnut Court East , have submitted a letter requesting
that the hearing (New Business , Item B) be Tabled until
April 16 , 1996 because of a family emergency .
There were several neighbors present and they were informed
that they could submit any comments in writing . The people
protested because they were not notified that the hearing
would be postponed and they may not be able to attend the
April public hearing . At the advice of Mr . Skelton, the
residents were informed that they would be permitted to
make statements at the appropriate time .
IV. OLD BUSINESS
A. 12 Newtown Court West, Bruce and Marla Sundh
Zoning Ordinance, Section 17 .40 . 020 - Addition
Zoning Ordinance, Section 17 . 32 . 020 - 20% Coverage
Motion to remove from Table was made by Com. Windecker and
seconded by Com. Hefler. Voice Vote : AYE Unanimously.
Mr. Bruce Sundh was present . Included in the packets
were copies of the Zoning Ordinance sections pertaining
to Location of Accessory Buildings and Structures from
July 1981 and September 1983 . When the existing swimming
pool and deck were constructed, the 20% rear yard coverage
limitation was not applicable, so no variance was necessary.
On February 20, 1996, the Zoning Board requested some
clarification regarding a heating plan for the second story
and landscape plan for screening the swimming pool .
Mr. Sundh submitted a heating method supplied by Tempco
Heating and Air Conditioning Company which included the
installation of a new 125, 000 BTU unit with a separate
zone control system for the addition and a landscape plan
for screening the swimming pool from the neighbors' view.
The maximum shrub/bush height specified is 6 ' to 8 ' and
that should totally shield the pool from the rear.
Mr. Sundh said he has not discussed the matter with Mrs .
Mark Groves, 721 Aberdeen, the neighbor who objected at
the February meeting. She was not present at this time .
Com. Windecker, Com. Paul and Com. Hefler had no comments
or questions . There were no questions from the audience.
Com. Paul made the following motion:
I move we grant the request of Bruce and Marla Sundh,
10 Chestnut Court East, for variance of Zoning
Ordinance, Section 17 .40 . 020 for the purpose of
constructing an addition that would encroach a
distance of ten feet (10 ' ) into the required thirty
feet (3 0 ' ) rear yard setback;
ZONING BOARD OF APPEALS
MARCH 19, 1996 - PAGE TWO
and recommend to the Village Board that a variance
of Zoning Ordinance, Section 17 .32 . 020, pertaining
to Accessory Buildings and Structures, to permit
the rear yard coverage to be more than 200, also be
granted.
Variance subject to the documentation of the HVAC
heating method and the landscape plan as submitted.
Unique circumstances having been demonstrated,
the proposed variance will not alter the essential
character of the neighborhood.
Com. Windecker seconded the motion.
Roll Call Vote : AYE - Hefler, Paul, Windecker, Heinrich
NAY - None
Motion Passed - 4 to 0 . Findings of Fact Attached.
Item will be placed on the April 15, 1996 Village Board
Consent Agenda. Permit may be issued after VB approval .
V. NEW BUSINESS
A. 1359 Devonshire Road, Marc and Betty Small
Zoning Ordinance, Section 17 .40 . 020 - Addition:
Eight feet (8 ' ) into Side Yard Setback; and
Section 17 . 36 . 030 - Driveway Width to Exceed 27 feet .
Mr. Marc Small, 1359 Devonshire Road, was sworn in and
the public hearing notice was read. He summarized the
reasons for requesting a variance of eight feet (8 ' ) into
the required twenty-five foot (25 ' ) side yard setback for
the purpose of enlarging the family room and garage :
1 . They have two children and hope to have more.
The family room is not large enough to accom-
modate seating for the family and friends .
2 . The family room is also too small to store
the children' s toys and permit them to play.
ZONING BOARD OF APPEALS
MARCH 19, 1996 - PAGE THREE
3 . The garage is too small for their two (2)
vehicles plus storage of outdoor playthings,
gardening tools, and power saws .
Mr. Small described the method of constructing the addition.
The wall will be opened up from the inside and a beam will
be added to support the second floor construction of a bed-
room above the existing garage .
In response to Ch. Heinrich' s comment that this is a
formidable addition, Mr. Small said they have lived in
Buffalo Grove for 6-1/2 years, but they cannot afford a
larger house unless they more farther north. They like
their neighbors and want to stay in the Village . He has
talked to most of their neighbors and there have been no
objections . Mr. Small has not talked to the neighbors
across Devlin Road because he does not know them. They will
plant bushes along the side of the new addition (on Devlin
Road) with a decorative split rail fence. There will not be
any windows in the new elevation.
Comments from Commissioners:
Com. Hefler: Confirmed that hand-drawn Exhibit D is
incorrect . Mr. Small said this was an earlier design.
Com. Paul : Confirmed that there were no neighbors present .
Commented that the area along Devlin is tight now and the
addition would create a canyon-like effect . The fence to
the rear also encloses the area but he would not oppose the
construction even though the structure will be higher than
the other buildings .
Com. Windecker: Asked if the exterior of the building will
match the existing materials? Roof, etc?
Mr. Small said the architect told him the materials will
match as close as possible and he agreed to reroof the
entire house .
ZONING BOARD OF APPEALS
MARCH 19, 1996 - PAGE FOUR
Com. Windecker made the following motion:
I move we grant the request of Marc and Betty Small,
1359 Devonshire Road, for variance of 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 eight feet (8 ' ) into the required side
yard setback, extending along the entire length of
the house; and Zoning Ordinance, Section 17 .36 . 030,
pertaining to Driveways & Off-Street Parking & Load-
ing Facilities, to permit the width of the driveway
to exceed twenty-seven feet (27 ' ) , with the stipula-
tion that the materials match the existing materials
and that the roof will be replaced.
Unique circumstances having been demonstrated,
the proposed variance will not alter the essential
character of the neighborhood.
The Village Engineer' s Review, dated March 12, 1996,
states : The proposed addition need not affect the
existing drainage in the area. "
Com. Hefler seconded the motion.
Roll Call Vote: AYE - Paul, Windecker, Hefler, Heinrich
NAY - None
Motion Passed - 4 to 0 . Findings of Fact Attached.
Permit may be issued in fifteen (15) days (April 4, 1996) .
B. 10 Chestnut Court East, Robert and Sheri Weinstein
Zoning Ordinance, Section 17 .40 . 020
Construction of Addition - 13 ' into Rear Yard Setback
A letter, received on March 18, 1996, states : "My husband
and I were to have a hearing on March 19th so that we may
get a variance for a room addition. Due to some family
emergency, we are requesting that we be able to postpone
the hearing until the April 16th meeting instead. We
greatly appreciate you letting us take this time .
Thank you very much. Robert and Sheri Weinstein"
ZONING BOARD OF APPEALS
MARCH 19, 1996 - PAGE FIVE
Regarding the neighbors' statements, Mr. Skelton advised
Ch. Heinrich to open the public hearing. The residents
should be sworn in. Their statements will become part
of the record, similar to written depositions .
Ch. Heinrich opened the public hearing and read the
notice that was published in the Buffalo Grove Herald
on March 2, 1996 .
1 . Michael Gallenberger, 37 Willow Parkway, was
sworn in. He objected to the variance from the
standpoint that it would encroach upon the common
area of people living at the Woodlands and it
would detract from the natural beauty. It could
also lead other people to make similar requests
and this would further cut down the common area.
Com. Paul disclosed that he is an acquaintance of Mike
Gallenberger, but this will not influence his opinion.
2 . Mrs . Alice Prescott, 35 Willow Parkway, was
sworn in. She agreed with Mr. Gallenberger' s
statement that the variance would set a precedence
and should not be allowed for aesthetic reasons .
3 . Lawrence Frazin, 16 Chestnut Court West, was
sworn in. His house abuts the subject property.
He said they are neighbors and good friends of the
Weinsteins and they have nothing personal against
them. Their homes were the first to be constructed
in the subdivision and both front on cul-de-sacs .
The way the houses are turned, their rear yards are
very small and the houses were constructed close to
The rear setback line. They have larger front yards .
The Weinsteins had a fence constructed between the two
(2) properties and this reduced the open space. In
addition to the deck that was constructed with the
house, the Weinsteins have a massive concrete patio
that surrounds much of the yard. Further reduction of
the open space would not only be detrimental to their
property, but would be detrimental to the neighborhood.
ZONING BOARD OF APPEALS
`./ MARCH 19, 1996 - PAGE SIX
The addition would be seen from Chestnut Terrace,
Chestnut Court East and Chestnut Court West .
The variance would have an adverse affect on their
property.
4 . George Rothermel, President of the Homeowner' s
Association for the Woodlands, 141 Willow Parkway,
was sworn in. The Woodlands adjoins the subject
property. He is concerned about the variance and
has called on a number of the Woodlands' residents .
Some are opposed to the variance but did not come
to voice their opinion. The Village has developed
the Zoning Ordinance with specified setbacks for
the side, front and rear yards for the purpose of
limiting the mass of the size of a piece of property.
The rear yard setback of the subject property would
be reduced from forty feet (4 0 ' ) to twenty-seven feet
(27 ' ) . The reason the petitioners have given is that
the size of their family is expanding and they need
more room inside the house, but the children would
not have any place to play outside because the rear
yard is so broken up. The setbacks were made for the
purpose of limiting the size of the building on the
lot and they should be respected.
Ch. Heinrich announced that, at the request of the peti-
tioner, the hearing would be continued until the meeting on
April 16, 1996 and would be the first item on the Agenda.
He encouraged the residents to be present and speak again.
Com. Windecker made a motion to Table.
Com. Hefler seconded the motion.
Roll Call Vote : AYE - Paul, Windecker, Hefler, Heinrich
NAY - None
Motion Passed - 4 to 0 .
ZONING BOARD OF APPEALS
MARCH 19, 1996 - PAGE SEVEN
VI . ANNOUNCEMENTS
A copy of a Legal Memorandum from William Raysa, dated
March 4, 1996, entitled "Regulation of Signs in
Residential Districts" relative to lawsuits filed by the
City of LaDue v. Gilleo (MO) and Brayton v. New Brighton,
MN was distributed.
Mr. Skelton gave an overview of the above-mentioned cases.
VII . ADJOURNMENT
Com. Paul made a motion to adjourn.
Com. Windecker seconded the motion.
Voice Vote : AYE Unanimously
Ch. Heinrich adjourned the meeting at 8 :45 P.M.
Respectfully submitted,
Shirley Bates
Recording Secretary
ZONING BOARD OF APPEALS
`./ MARCH 19, 1996 - PAGE EIGHT