Loading...
1997-06-17 - Zoning Board of Appeals - Minutes NPR MB ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE, ILLINOIS TUESDAY, JUNE 17 , 1997 I . CALL TO ORDER Chairman Richard Heinrich called the Zoning Board of Appeals meeting to order at 7 : 45 P .M . on Tuesday, June 17 , 1997 in the Council Chambers of the Village Hall , 50 Raupp Blvd . II . ROLL CALL Commissioners Present : J . Paul , L . Windecker, S . Sandler and R . Heinrich B . Entman arrived after Item A. Commissioners Absent : L . Arbus and H . Hefler Bldg . Dept . Liaison : Edward Schar, Deputy Building Commissioner Village Board Liaison : DeAnn Glover, Trustee Ch . Heinrich announced that four (4 ) commissioners consti- tute a quorum, but it take four (4 ) affirmative votes to grant a variance . Any petitioner can request that his hearing be Tabled until July when more Commissioners are present . III . APPROVAL OF MINTUES May 20 , 1997 - Tabled . IV. BUSINESS A. 900 Crofton Lane , Gary L . Grossman Fence Code , Section 15 . 20 . 040 - Six foot ( 6 ' ) Fence Mr . Gary Grossman was sworn in . Notice of the public hearing was published in the Buffalo Grove Herald on May 28 , 1997 . Mr . Ira Kaufman, contractor, was also present . On behalf of Mr . Grossman, Mr . Kaufman requested a variance of the Fence Code for the purpose of replacing the existing six foot ( 6 ' ) fence that was damaged by wind . The lot is located at the corner of Dundee Road and Crofton Lane . The fence provides privacy and helps to eliminate traffic noise . APPE]liVED Mr . Grossman wants to replace the six foot ( 6 ' ) fence that was installed when the house was constructed . It is located within the required front yard setback and along the rear lot line bordering a park . The Village Engineer' s Review, dated June 3 , 1997 states : "The proposed fence does not appear to conflict with the desired line of sight . Village Ordinance does not allow encroachments within forty-five feet (45 ' ) of the curblines projected . We recommend that this requirement be observed . " Ch . Heinrich advised Mr . Grossman that the fence would have to be constructed in conformance with the Village Engineer' s diagram . Mr . Grossman said the two (2 ) sections at the corner are about twelve feet (12 ' ) in height . It was the original Mill Creek entrance sign and the electric box is still there . When he called the Village to see if this section of fence could be removed, he was told that it is on his property, so he could do whatever he wanted to with it . After discussing whether to keep this section or stop the fence at the building line , Mr . Grossman said the fence at the corner buffers the noise and lights from the house and he would like replace these sections . He would comply with Mr . Kuenkler' s placement recommendation . Ch . Heinrich had no objection to a six foot ( 6 ' ) fence . Com . Paul agreed the six foot (6 ' ) is necessary . Com . Windecker and Com . Sandler had no objections . There were not comments from the audience . Com . Sandler made the following motion : I move we grant the request of Gary L . Grossman, 900 Crofton Lane , for variance of Municipal Code , Section 15 . 20 . 040 , pertaining to Residential Districts , for the purpose of constructing a six foot (6 ' ) wood fence to replace the existing six foot ( 6 ' ) wood fence . ZONING BOARD OF APPEALS JUNE 17 , 1997 - PAGE TWO 16 Said fence to be installed pursuant to Exhibit "A" that was submitted with the application, in accordance with the diagram attached to the Village Engineer' s recom- mendation dated June 3 , 1997 : "Fence not to encroach within forty-five (45 ' ) of the curbline extended . " Unique circumstances having been demonstrated, the proposed fence will not be detrimental to the public health, safety and welfare . Com . Windecker seconded the motion . Roll Call Vote : AYE - Paul , Windecker, Sandler and Heinrich NAY - None Motion Passed - 4 to 0 . Findings of Fact Attached . Permit may be issued in fifteen ( 15 ) days - July 3 , 1997 . B . 901 Dorncliff , Ilyse and John Vanderah Fence Code , Section 15 . 20 . 040 - Six Foot ( 6 ' ) Fence Ilyse and John Vanderah were sworn in . Notice of the public hearing was published in the Buffalo Grove Herald May 28 , 1997 . Mr . Vanderah said they moved to Bufflao Grove month ago, with a 2 -1/2 year old daughter, a baby on the way and a dog . The lot is on the corner and the yard slopes . They need the fence to protect the children, to confine the dog to the yard and for privacy. Ch . Heinrich asked why they need the fence to extend so far out toward the sidewalk along Indian Spring? Mr . Vanderah explained that the east side of the rear yard slopes so the fence is needed to permit the use of the flat portion of the yard . Ch . Heinrich informed Mr . and Mrs . Vanderah that it is typical for the Zoning Board to grant variances for a side yard fence that is about one half ( 1/2 ) the required distance , in this case about twelve feet ( 12 ' ) . Mr . Vanderah said there are some trees about half way into the side yard that they would like to enclose and asked for as much space as they could have . ZONING BOARD OF APPEALS JUNE 17 , 1997 - PAGE THREE ii21111H11 Comments from Commissioners : Com. Paul asked why they want a six foot (6 ' ) fence all the way around, even along Indian Spring Lane? He asked if the neighbors know about the fence? Mr. Vanderah said they need the fence for privacy because of the height of the deck. People can look over a five foot (5 ' ) fence from the sidewalk. They have a contract for a six foot (6 ' ) arched fence abd the posts will be a few inches lower. They have informed their neighbors that they want a fence. Mrs. Vanderah said a six foot (6 ' ) fence would give her more privacy to work in the yard and sunbathe without being seen. A letter objecting to the height and placement of the fence was received from a neighbor. Ch. Heinrich said a six foot (6 ' ) fence would be a wall . He asked the Vanderah' s if they would like to Table the hearing until July to permit them to measure the distance from the house to the trees in the side yard? The Vanderah' s did not want to postpone a decision. Com. Windecker said he observed that there is an existing six foot (6 ' ) privacy fence around the deck/patio area, and the deck is higher anyway, so a second six foot (6 ' ) fence is unnecessary. He estimated the trees are about nine (9) to nine and a half (9-1/2) feet from the privacy fence. Com. Sandler said he could not support a six foot (6 ' ) fence and not out to the sidewalk. Com. Entman arrived during the discussion. He also objected to the six foot (6 ' ) height and suggested a distance of twelve feet (12 ' ) from the house. After discussing the distance into the sideyard setback, the Commissioners agreed that the fence could be a maximum of thirteen feet (13 ' ) from the house foundation. ZONING BOARD OF APPEALS JUNE 17, 1997 - PAGE FOUR Mr. and Mrs . Vanderah agreed to amend their petition and would construct a five foot (5 ' ) wood fence a distance not to exceed thirteen feet (13 ' ) from the house foundation. There were no comments from the audience. The Village Engineer' s Review, dated June 3 , 1997, states : "The limiting factor at the intersection is the principal structure itself . There is no abutting driveway. " Com. Paul made the following motion: I move we grant the amended request of Ilyse and John Vanerah, 901 Dorncliff Lane, for variance of Muncipal Code, Section 15 . 20 . 040, pertaining to Residential Districts, to permit construction of a five foot (5 ' ) wood fence that would extend no more than thirteen feet (13 ' ) from the foundation of the house, into the side yard setback, pursuant to the Village Engineer' s Review, dated June 3 , 1997 . Said fence will not be detrimental to the public health, safety and welfare. Com. Windecker seconded the motion. Roll Call Vote : AYE - Sandler, Entman, Paul, Windecker and Heinrich NAY - None Motion Passed - 5 to 0 . Findings of Fact Attached. Permit may be issued in fifteen (15) days - July 3 , 1997 . C. 1100 Hidden Lake Drive, Louis and Janet Franchi Zoning Ordinance, Section 17 .40 . 020 - 3 Season Room Mr. Louis Franchi was sworn in. Notice of the public hearing was published in the Buffalo Grove Herald on May 28, 1997 . He requested a variance that would permit construction of a 3-Season Room at the rear of the house that would encroach a distance of 3-1/3 feet into the required forty foot (4 0 ' ) rear yard setback and five feet (5 ' ) into the required thirty foot (3 0 ' ) side yard setback. ZONING BOARD OF APPEALS JUNE 17, 1997 - PAGE FIVE 8-,711 WED v A variance had been granted in 1996 that would have permit- ted a larger addition, but problems with the contractor prevented them from proceeding with the construction. Due to expense, they have decided to downgrade the addition to an unheated sunroom that would not be used during winter. It will have electrical and a trench foundation. The ma- erials will match the house as much as possible. There is not much siding and the roof will match. Comments from Commissioners: Com. Sandler observed that the existing fence along Busch Road will block the addition so it will not be seen. The Village Engineer' s Review, dated June 3, 1997 states : "The proposed addition need not affect the existing drainage in the area. " Com. Paul, Com. Windecker, Com. Entman and Ch. Heinrich had no questions or objections . There were no comments from the audience. Com. Windecker made the following motion: I move we grant the request of Louis and Janet Franchi, 1100 Hidden Lake Drive, for variance of Zoning Ordinance, Section 17 .40 . 020, pertaining to Area, Height, Bulk and Placement Regulations, for the purpose of constructing an unheated 3-Season Room that would encroach a distance of 3-1/3 feet into the required forty foot (40 ' ) rear yard setback and a distance of five feet (5 ' ) into the required thirty foot (30 ' ) side yard setback. Siding and roofing materials are to match the existing construction. Electricity to be included in the petition. Construction pursuant to plans submitted to and approved by the Village. ZONING BOARD OF APPEALS JUNE 17, 1997 - PAGE SIX 1611111E Petitioner having exhibited hardship and unique circumstances, the proposed addition will not alter the essential character of the neighborhood. Com. Sandler seconded the motion. Roll Call Vote: AYE - Paul, Entman, Sandler, Windecker and Heinrich NAY - None Motion Passed - 5 to 0 . Findings of Fact Attached. Permit may be issued in fifteen (15) days - July 3 , 1997 . D. 33 Timberhill Road, Vincent and Lynne Basso Fence Code, Section 15 .20 . 040 - 8 ' Foot Fence Vincent and Lynne Basso were sworn in. Notice of the public hearing was published in the Buffalo Grove Herald on May 8, 1997 . Mr. Basso requested a variance for the purpose of constructing an eight foot (8 ' ) wood fence along Lake Cook Road. Their existing fence was blown and they would like to replace it with the eight foot (8 ' ) fence for privacy and to help block the traffic noise. All their neighbors have eight foot (8 ' ) fences. Commissioners had no questions or objections. Com. Entman made the following motion: I move we grant the request of Vincent and Lynne Basso, 33 Timberhill Road, for variance of the Municipal Code, Section 15 .20 . 040, pertaining to Residential Districts, for the purpose of con- structing an eight foot (8 ' ) cedar, traditional with lattice style, fence along Lake Cook Road. Fence not to exceed eight feet (8 ' ) in height and is to be installed pursuant to Exhibit "A" submitted by the petitioners . Fence to be con- structed with materials and specifications approved by the Village. Petitioners having exhibited that the granting of the variance and the proposed fence will not be detrimental to the public health, safety and welfare. ZONING BOARD OF APPEALS JUNE 17, 1997 - PAGE SEVEN • I LI I j er Com. Windecker seconder' tbA motion. Roll Call Vote: AYE - Paul, Windecker, Entman, Sandler and Heinrich NAY - None Motion Passed - 5 to 0 . Findings of Fact Attached. Permit may be issued in fifteen (15) days - July 3, 1997. E. Lot 1 in Mirielle Subdivision Phase I Route 22 and Apple Hill Lane, Town & Country Homes Sign Code, Section 14.20 . 010 - Entry Sign Mr. Larry Peterman, The Peterman Group, Landscape Design, 1-S-376 Summit Ave. , Oakbrook Ter. , IL 60181 (623-629-9800) and Mr. Mike Creed, Operations Manager for Mirielle, representative of Town & Country Homes, Four Westbrook Corporate Center, Suite 500, Westchester IL, 60154 (708-409-8900) were sworn in. Notice of the public hearing was published in the Buffalo Grove Herald on May 29, 1997. Mr. Peterman explained that the proposed sign was originally presented during the zoning presentation but the process were never completed. The procedures has been coordinated with Edward Schar, Robert Pfeil and William Balling. The Appearance Commission reviewed the aesthetic elements of the sign on June 14, 1997 and recommended that a variance be granted. The materials, brick, stucco, etc. are all approved for the Mirielle homes. The fence is part of the fence that extends along Route 22 along the Powernail Corp. Property and terminates at the north end of the sign. A variance of the Sign Code is required to permit the sign to be installed closer than required setback If the sign met the setback requirement it would be about 200 feet from the property line and would be too far away to be seen. The last step will be to obtain approval from the Plan Commission to resubdivide Lot 1. The Village Engineer Review, dated June 3, 1997, states : "The proposed sign does not appear to conflict with the desired line of sight. However, it appearrthat municipal utilities exist in the ares, some which are located outside ZONING BOARD OF APPEALS JUNE 17, 1997 - PAGE EIGHT D D 'Ili CrIV Al r existing easements. The sign could_be located outside the.._ _ easements including that which needs to be provided for the existing sewer." Mr. Peterman agreed to comply with Mr. Kuenkler' s placement requirement. Ch. Heinrich questioned the need for the sign if Mirielle is almost sold out? Sales have been good without a sign. Mr. Creed said there are 45 homes left to sell in Phase II . The sign has been part of the sales presentation as an entry sign is already included in the association dues. Mr. Peterman said the association is in place, fees are being paid and the sign will be maintained. Ch. Heinrich asked about the size of the lot? Mr. Peterman said the sign area will be approximately 2, 600 square feet and the lot is 16, 220 square feet. It is part of the model area parking lot and is not under contract. The house shown on the drawing is the largest model that could be sold under the Monotony Code. A smaller house could be purchased. The lot is large enough for an addi- tion on the left side. Other configurations have been considered but there is no better way to replat the lot . Ch. Heinrich surmised that if the owner wanted to add to the east side behind the kitchen/eating area of the house it could require a variance. He recommended a stipulation to the variance would be that is sold the contract purchaser is to be informed in writing and the Village is to be given a copy of the agreement. He has no objection. Com. Windecker, Com. Paul and Com. Entman had no objections . Com. Sandler asked about the notation on the plat from the Village Engineer that an additional easement is shown. ZONING BOARD OF APPEALS JUNE 17, 1997 - PAGE NINE FP 71,, q-7 A„) _,r Mr. Schar responded that the existing sewer line is outside the current easement . More easement will be dedicated to contain the utilities and permit repair work to be done in the future. Com. Windecker made a motion to recommend to the Village Board of Trustees that the variance requested by Pinnacle Corporation, d/b/a Town & Country Homes of Sign Code, Section 14 .20 . 010, pertaining to Residential Districts, for the purpose of installing an entry sign on Lot 1 in Mirielle Subdivision Phase I that would located within the required building setback line at the southwest corner of Route 22 and Apple Hill Lane, be granted. Sign recommended pursuant to Sign Code, Section 14 .44 . 010, subsection "B" with the following conditions : 1 . The sign to be constructed in conformance with plans, specifications and drawings submitted to and approved by the Village; 2 . Any future purchaser of a house on Lot 1 is to be notified in writing of the variance granted for the sign and a signed copy be submitted to the Building Department along with the permit application. 3 . Variance is subject to the Appearance Commission' s recommendations made on June 14, 1997, attached. Com. Paul seconded the motion. Roll Call Vote: AYE - Entman, Sandler, Paul, Windecker and Heinrich NAY - None Motion Passed - 5 to 0 . Findings of Fact Attached. V. ANNOUNCEMENTS None. VI . ADJOURNMENT Com. Windecker made a motion to adjourn. Com. Paul seconded the motion. Ch. Heinrich adjourned the meeting at 9 : 09 P.M. Respectfully submitted, Shirley Ba s Recording Secretary ZONING BOARD OF APPEALS JUNE 17, 1997 - PAGE TEN