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2013-01-15 - Zoning Board of Appeals - Minutes £FFE00 s As seem alpgI►3 REGULAR MEETING �./ BUFFALO GROVE ZONING BOARD OF APPEALS JANUARY 15, 2013 Chairman Entman called the Zoning Board of Appeals regular meeting to order at 7:30 P.M. on Tuesday,January 15, 2013 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Commissioner Cesario Commissioner Windecker Commissioner Lesser Commissioner Au Chairman Entman Commissioners Absent: Commissioner Steingold Commissioner Shapiro Also Present: Les Ottenheimer,Village Trustee William Raysa,Village Attorney Brian Sheehan, Deputy Building Commissioner `./ Commissioner Steingold arrived at 7:40 P.M. APPROVAL OF MINUTES December 18, 2012 minutes: Corn. Windecker made a motion to approve the minutes of the Zoning Board of Appeals regular meeting held on Tuesday, December 18, 2012. Com. Cesario seconded the motion. Roll Call Vote: AYE—Cesario, Windecker, Lesser,Au, Entman NAY—None ABSTAIN —None Motion Passed 5 to 0. Minutes approved as submitted. NEW BUSINESS 1352 ROSE BOULEVARD, IRWIN AND LINDA LANDSBERG - FENCE CODE, SECTION 15.20.040, FOR THE PURPOSE OF REPLACING THE EXISTING FOUR (4) FOOT HIGH WOOD FENCE WITH A FIVE (5) FOOT HIGH SOLID WOOD FENCE IN THE SAME LOCATION. THE EXISTING FENCE ZONING BOARD OF APPEALS JANUARY 15, 2013 PAGE 1 of 5 EXTENDS PAST THE BUILDING LINE ON THE WEST SIDE OF THE PROPERTY TO A POINT NO CLOSER THAN SEVENTEEN (17) FEET TO THE SIDEWALK ALONG CAMERON WAY Mr. Irwin Landsberg and Mrs. Linda Landsberg, 1352 Rose Boulevard, were present and sworn in. The public hearing notice published in the Daily Herald on December 28, 2012 was read. Mrs. Landsberg explained that they currently have a four (4) foot picket fence that is falling apart. They would like to replace the fence with a five (5) foot solid privacy wood fence. They are looking to get a dog and she feels it is important to have a privacy fence with a dog. She did not realize that the existing fence was granted a variance. She was advised of the variance when she went to the Village to get the permit for the five (5) foot fence. She believes that with a picket fence, little hands can get through the fence and that would concern her with a dog. Ch. Entman read the Village Engineer's memorandum addressed to Brian Sheehan dated December 31, 2012 which states: "As you requested, I have reviewed the application for 1352 Rose Boulevard for variance of Fence Code, Section 15.20.040 - For the purpose of rep lacing the existing four (4) foot high wood fence with a five (5) foot high solid wood fence in the same location. The existing fence extends past the building line on the west side of the property to a point no closer than seventeen (17) feet to the sidewalk along Cameron Way. It is determined that there is no line of sight problem related to the intersection of Rose Boulevard and Cameron Way, and also, the fifteen (15) foot setback from Cameron Way right-of-way also avoids any conflict with the adjoining properties driveway visibility. If you have any questions concerning ./ this matter, please let me know." Ch. Entman advised that a previous variation was granted May 18, 1993 to construct a four (4) foot picket fence that would extend past the building line along Cameron Way. Ch. Entman stated the drawing submitted shows the fence located a distance of fifteen (15) feet from the sidewalk, while the plat of survey indicates the fence will be seventeen (17) feet from the sidewalk. Mr. Sheehan advised that due to the discrepancy, he had Village staff visit the property and measured the closest point of the existing fence to the sidewalk. The closest portion of the existing fence to the sidewalk measured seventeen (17)feet. Corn. Windecker asked if the fence will be replaced in the exact same location. Mrs. Landsberg responded yes. Corn. Cesario asked if the proposed fence will be the solid arched privacy fence as depicted in Exhibit"E". Mrs. Landsberg responded yes. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Lesser made the following motion: ZONING BOARD OF APPEALS JANUARY 15, 2013 PAGE 2 of 5 I move we grant the request made by Irwin and Linda Landsberg, 1352 Rose Boulevard, for ../ variance of Fence Code,Section 15.20.040, pertaining to Residential Districts, for the purpose of replacing the existing four (4) foot high wood fence with a five (5) foot high solid wood fence in the same location. The existing fence extends past the building line on the west side of the property to a point no closer than seventeen (17) feet to the sidewalk along Cameron Way. A variance was granted on May 18, 1993 for the existing fence. Subject to the Village Engineer's memorandum dated December 31, 2012. The Petitioner has demonstrated hardship and unique circumstances. The proposed fence will not be detrimental to the public health, safety and welfare and will not alter the essential character of the neighborhood. Com. Windecker seconded the motion. Roll Call Vote: AYE—Cesario, Windecker, Lesser, Au, Entman NAY—None ABSTAIN —Steingold Motion Passed 5 to 0, 1 Abstention. Findings of Fact attached. Permit may be issued in fifteen (15) days—January 31, 2013. 401 APTAKISIC ROAD, BUFFALO GROVE PARK DISTRICT - FENCE CODE, SECTION 15.20.040, ./ FOR THE PURPOSE OF INSTALLING A FOUR (4) FOOT VINYL-COATED CHAIN LINK FENCE NEARER TO THE STREET THAN THE FRONT BUILDING LINE ALONG APTAKISIC ROAD AND BUFFALO GROVE ROAD AT TWIN CREEK PARK,401 APTAKISIC ROAD Mr. Bill Heider, Buffalo Grove Park District, 530 Bernard Drive, Buffalo Grove, Illinois 60089, was present and sworn in. The public hearing notice published in the Daily Herald on December 28, 2012 was read. Mr. Heider explained that Twin Creek Park is the park that Safety Town is located. They would like to extend a four (4) foot chain link fence so that the children attending the park cannot access the roadway or the creek. Ch. Entman read the Village Engineer's memorandum addressed to Brian Sheehan dated December 31, 2012 which states: "As you requested, I have reviewed the application for 401 Aptakisic Road for variance of Fence Code, Section 15.20.040 - For the purpose of installing a four (4) foot vinyl-coated chain link fence nearer to the street than the front building line along Aptakisic Road and Buffalo Grove Road at Twin Creek Park, 401 Aptakisic Road. A review of the 401 Aptakisic Road fence proposal determined that there was no visibility obstruction related to the Buffalo Grove Road and Aptakisic Road intersection, and there is no visibility obstruction related to the driveway at 401 Aptakisic Road onto Aptakisic Road. If you have any questions concerning this matter, please let me know." ./ ZONING BOARD OF APPEALS JANUARY 15, 2013 PAGE 3 of 5 Ch. Entman advised that a previous variation was granted on January 24, 2005 to construct an eight (8)foot chain link fence around Safety Town. Com. Windecker asked what the total length of the four (4)foot chain link would be. Mr. Heider stated that it will be approximately one hundred seventy(170)feet of fence. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Windecker made the following motion: I move we grant the request made by the Buffalo Grove Park District, 530 Bernard Drive, Buffalo Grove, Illinois 60089, for variance of Fence Code, Section 15.20.040, pertaining to Residential Districts, for the purpose of installing a four (4) foot vinyl-coated chain link fence nearer to the street than the front building line along Aptakisic Road and Buffalo Grove Road at Twin Creek Park, 401 Aptakisic Road. Subject to the Village Engineer's memorandum dated December 31, 2012. The Petitioner has demonstrated hardship and unique circumstances. The proposed fence will not be detrimental to the public health, safety and welfare and will not alter the essential character of the neighborhood. ./ Corn. Cesario seconded the motion. Roll Call Vote: AYE—Cesario,Steingold,Windecker, Lesser,Au, Entman NAY—None ABSTAIN —None Motion Passed 6 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days — January 31, 2013. ANNOUCEMENTS Mr. Sheehan advised that the Zoning Board of Appeals 2012 Annual Report has been forwarded to the Village Manager and will be presented to the Village Board most likely at the February 4, 2013 meeting. Mr. Sheehan asked the Commissioners if they wish to continue to receive information concerning citations issued for non-compliance with the Sign Code. The consensus was that they would like to receive that information via email. ADJOURNMENT ZONING BOARD OF APPEALS JANUARY 15, 2013 PAGE 4 of 5 Motion to adjourn the meeting was made by Corn. Cesario and seconded by Com. Windecker. Voice Vote — AYE was unanimous. Ch. Entman adjourned the meeting at 7:50 P.M. Submitted by, lie Kamka Recording Secretary ZONING BOARD OF APPEALS JANUARY 15, 2013 PAGE 5 of 5