1996-04-16 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS
VILLAGE OF BUFFALO GROVE , ILLINOIS
TUESDAY, APRIL 16 , 1996
I . CALL TO ORDER
Chairman Richard Heinrich called the Zoning Board of Appeals
meeting to order at 7 : 45 P .M . on Thursday, April 16 , 1996
in the Council Chambers of the Village Hall , 50 Raupp Blvd .
II . ROLL CALL
Commissioners Present : J . Paul , B . Entman, L . Windecker,
L . Arbus and R . Heinrich QUORUM .
Commissioners Absent : H . Hefler
Village Board Liaison : E . Schar, Deputy Bldg . Commissioner
Village Attorney : Richard Skelton
Village Board Liaison : Jeffrey Braiman, Trustee
III . APPROVAL OF MINUTES
Tabled until next regular meeting .
IV. OLD BUSINESS
A . 10 Chestnut Court East , Robert and Sheri Weinstein
Zoning Ordinance , Section 17 . 40 . 020
Construction of Addition - 13 ' into Rear Yard Setback
Com . Arbus made a motion to remove from Table .
Com . Paul seconded the motion .
Voice Vote - AYE Unanimously
Petitioners were not present and did not notify the Building
Department that they were not able to attend .
Mr. Skelton advised the Commissioners that the item
would be carried over a second time. The Weinsteins
would have to file a new application if they wish to
pursue the variance.
Ch. Heinrich informed the residents who were present that
the variation notice would have to be republished and the
surrounding residents would be mailed new letters . The
comments that were made a the last meeting are on record,
but if the Weinsteins reapply, the residents should come
back if they wish to comment .
V. NEW BUSINESS
A. 38 Crestview Terrace, Randall and Carla Buttliere
Zoning Ordinance, Section 17 .40 . 020
Construction of Front Porch, 3 ' into Front Yard Setback
Randall Buttliere, 38 Crestview Terrace, was sworn in and
the public hearing notice was read. He summarized the
reasons for requesting a variance :
1 . They plan to stay in Buffalo Grove and are going
add a second story to their house . At the same time,
they would like to construct a front porch to beautify
the house. The porch would extend three feet (3 ' )
into the front yard setback. A porch would break up
the plain flat front elevation.
Mr. Buttliere has informed his neighbors and there were no
objections. They are going to put up new siding and a new
roof .
Ch. Heinrich had no comments or objections .
Comments from Commissioners :
Com. Paul : Commended the petitioner and said the proposed
construction would enhance the neighborhood.
ZONING BOARD OF APPEALS
APRIL 16, 1996 - PAGE TWO
Com. Windecker asked if the front windows would be changed?
Mr. Buttliere said they were going to move the windows, but
the picture window with two (2) side panels will not be
altered. The drawing is incorrect .
Com. Arbus and Com. Entman had no objections .
A Village Engineer' s Review was not necessary for a front
yard variance.
Com. Paul made the following motion:
I move we GRANT the variance requested by
Randall and Carla Buttliere, 38 Crestview Terrace,
for variance of Zoning Ordinance, Section 17 .40 . 020,
pertaining to Area, Height, Bulk and Placement
Regulations, for the purpose of constructing a
front porch that would encroach a distance of
three feet (3 ' ) into the required thirty foot (30 ' )
front yard setback.
Petitioner having demonstrated unique circumstances,
the proposed construction will not alter the essential
character of the neighborhood.
Com. Windecker seconded the motion.
Roll Call Vote : AYE - Entman, Arbus, Paul,
Windecker and Heinrich
NAY - None
Motion Passed - 5 to 0 . Findings of Fact Attached.
Permit may be issued in 15 days - May 2, 1996
B. 499 Gregg Lane, Daniel and Julie Harrington
Zoning Ordinance, Section 17 .40 . 020
Construction of 2-car garage-2 ' into Side Yard Setback
Construction of Front Entry -6 ' into Front Yard Setback
Daniel and Julie Harrington were sworn in and the public
hearing notice was read.
ZONING BOARD OF APPEALS
APRIL 16, 1996 - PAGE THREE
Mr. Harrington summarized their reasons for requesting a
variance :
1 . The existing garage is in the front of the house
and the driveway is very steep. It drops about five
feet (5 ' ) within a fifteen foot (15 ' ) area and it is
difficult to get cars into the garage . Cars slide down
and Mrs. Harrington' s mother fell this winter. They
would like to construct a garage with a driveway on
Mohawk.
2 . Neighborhood children use the driveway for skate-
boarding and could be injured by cars rounding the
corner.
3 . A variance was granted in 1991, but Mr.Harrington
had an operation on his leg and could not follow
through with construction.
4 . They are going to construct a second story
addition and want to add a front porch.
The Harringtons want to stay where they are because they
like the schools and are active in the community, but
the house is too small for their family. They have looked
at larger houses but they are too expensive. The proposed
construction will increase the property value and will
improve the neighborhood. Their neighbors do not object .
The roof and siding will be replaced.
The Village Engineer' s Review, dated May 6, 1991, states :
"Since the construction is proposed within four feet (4 ' )
of the property line particular care needs to be taken to
restore and preserve the existing drainage .
The existing apron on Gregg Lane should be removed and the
parkway restored. "
Mr. Harrington will be the general contractor. He said
their yard sets up higher than the surrounding property,
SO they will pitch the driveway toward the road; and the
gutters and downspouts will drain off down the new drive-
way. He will comply with Mr. Kuenkler' s requirements .
ZONING BOARD OF APPEALS
APRIL 16, 1996 - PAGE FOUR
V
Comments from Commissioners :
Com. Entman asked if the addition would be over the porch?
Mr. Harrington said "no. " It will just be an overhang for
protecting people from rain, etc. and will break up the
roof line aesthetically. The existing overhang is about
two and a half feet (2-1/2 ' ) and they want to go out an
additional three and a half feet (3-1/2 ' ) with the columns
at the end of the porch line.
Com. Paul : Prefers the porch to the existing driveway and
said the construction will enhance to the neighborhood, both
aesthetically and from a safety perspective.
Com. Windecker: No objections . Variance was granted in 1991 .
Com. Arbus : No objections. Verified that the parkway will
be restored.
Com. Windecker made the following motion:
I move we GRANT the request of Dan and Julie
Harrington, 499 Gregg Lane, for variance of
Zoning Ordinance, Section 17 .40 . 020, pertaining
to Area, Height, Bulk and Placement Regulations,
for the purpose of constructing an attached garage
that would encroach a distance of two feet (2 ' )
into the required side yard setback and would
permit construction of a front porch that would
encroach a distance of six feet (6 ' ) into the
required twenty-five foot (25 ' ) front yard setback.
The roof and siding are to be replaced with materials
in like kind and quality to the existing materials.
Addition is to be constructed pursuant to plans and
specifications approved by the Building Department .
The existing apron on Gregg Lane must be removed and
the parkway restored.
ZONING BOARD OF APPEALS
APRIL 16, 1996 - PAGE FOUR
The drainage along the property line next to the
new garage must be restored and preserved in
accordance with the Village Engineer' s Review,
dated May 6, 1991 .
Petitioner having demonstrated hardship and unique
circumstances, the proposed construciton will not
alter the essential character of the neighborhood.
Com. Entman seconded the motion.
Roll Call Vote: AYE - Arbus, Windecker, Paul,
Entman and Heinrich
NAY - None
Motion Passed - 5 to 0 . Findings of Fact Attached.
Permit may be issued in fifteen (15) days - May 2, 1996 .
C. 483 Thorndale Drive, Marc and Andrea Levin
Fence Code, Section 15 .20 . 040 6 ' Fence/Bike Path
Marc Levin was sworn in and the public hearing notice
was read. Mr. Levin summarized the reasons for requesting
a variance :
1 . Safety and security of 13-1/2 month old child.
2 . Privacy from joggers, bikers and roller bladers
that use the adjacent bike path.
3 . Safety of children who come into yard to play
on their swing set .
4 . The bike path is about three feet (3 ' ) higher
than the property.
On an average weekend, as many as 150 people pass by
within twelve feet (12) from garage. Some cut through
the yard. There are bushes along the lot line but they
do not stop the trespassers . The fence would be con-
structed about one foot (1 ' ) inside the bushes .
The variance would permit construction on the east side
of the building. The rest of the fence would be five feet
(5 ' ) in height . Mr. Levin said he has talked to the
neighbors on the other side of the bike path. They have no
objections . ZONING BOARD OF APPEALS
APRIL 16, 1996 - PAGE SIX
Comments from Commissioners :
Com. Windecker disclosed that he lives on Thorndale
north of the petitioners but this will not affect his
decision in the matter. He confirmed that the fence
will not be constructed on the existing berm. He asked
how the six foot (6 ' ) fence will be connected to the
five foot (5 ' ) fence along the rear lot line?
Mr. Levin said the fence will be scalloped and it will
match their neighbor' s fence . It would be angled down
and will be aesthetically pleasing.
Com. Paul confirmed that the fence would extend past the
utility room door about the middle of the house.
Com. Entman asked about the need for a six foot (6 ' ) fence,
because a five foot (5 ' ) fence would keep people out of
the yard.
Ch. Heinrich said a higher fence is necessary for privacy
to residents living next to a bike path.
Com. Windecker agreed that a higher fence is a necessity.
He has observed a fence in the area that was constructed
on a berm and with a foot and a half (1-1/2 ' ) piece added
on the top.
Com. Arbus commented that the bike past provides open space
but he has no objection to the fence.
Mr. Levin said they chose the location because of the
school district, not because the area was open.
There was no report from the Village Engineer.
Com. Windecker made the following motion:
I move we GRANT the request of Marc and Andrea
Levin, 483 Thorndale Drive, for variance of
ZONING BOARD OF APPEALS
APRIL 16, 1996 - PAGE SEVEN
`./ Municipal Code, Section 15 . 20 . 040, pertaining
to Residential Districts, for the purpose of
constructing a six foot (6 ' ) scalloped red cedar
wood fence along the east property line abutting
the bike past and returning to the house approxi-
mately two feet (2 ' ) forward of the utility door.
Petitioners having exhibited unique circumstances
the fence will not be detrimental to the public
health, safety and welfare. The fence to be
constructed pursuant to plans submitted to and
approved by Village.
Com. Paul seconded the motion.
Roll Call Vote : AYE - Entman, Paul, Windecker,
Arbus and Heinrich
NAY - None
Motion Passed - 5 to 0 . Findings of Fact Attached.
Permit may be issued in fifteen (15) days - May 2, 1996 .
D. 1133 Devonshire Road, Gurdip S. Sangha
Fence Code, Section 15 .20 . 040 - 8 ' Fence Along Rt . 83
Gurdip Sangha was sworn in and and public hearing notice was
read. Mr. Sangha summarized the reasons for requesting a
variance :
1 . Since Route 83 was widened it is closer to and
higher than the rear yard. The fence will provide
privacy and help reduce the sound level .
2 . The existing six foot (6 ' ) fence is deteriorating
and needs replacing. The new wood fence will match
the neighbors.
The Commissioners had no objections .
Com. Arbus made the following motion:
I move we GRANT the request of Gurdip S. Sangha,
1133 Devonshire Road, for variance of Fence Code,
ZONING BOARD OF APPEALS
„./ APRIL 16, 1996 - PAGE EIGHT
Section 15 . 20 . 040, pertaining to Residential
Districts, for the purpose of constructing an
eight foot (8 ' ) wood fence along Route 83 .
Com. Windecker seconded the motion.
Roll Call Vote : AYE - Entman, Paul, Windecker,
Arbus and Heinrich
NAY - None
Motion Passed - 5 to 0 . Findings of Fact Attached.
Permit may be issued in fifteen (15) days - May 2, 1996 .
VI . ANNOUNCEMENTS
1 . Com. Windecker reported that an outside sweat shirt
sales being conducted every weekend at 71 W. Fabish and
there are numerous signs posted on parkways on Saturday.
Mr. Skelton said sales outside the building violate
Zoning Ordinance, Section 17 . 12 . 285 - Home Occupations .
Since the Building and Zoning Department is closed on the
weekend, Ch. Heinrich suggested that the Police Department
issue a ticket and the Building Department could go to
court to enforce the Zoning Ordinance.
Mr. Schar confirmed that this is the usual procedure .
He will follow up.
2 . Ch. Heinrich asked Mr. Braiman if he could speed up
the appointment of a new ZBA Commissioner.
VII . ADJOURNMENT
Com. Windecker made a motion to adjourn.
Com. Entman seconded the motion.
Ch. Heinrich adjourned the meeting at 8 :20P.M.
Respectfully submitted,
Shirley Bates
Recording Secretary
ZONING BOARD OF APPEALS
APRIL 16, 1996 - PAGE NINE