2008-06-17 - Zoning Board of Appeals - Minutes REGULAR MEETING
BUFFALO GROVE ZONING BOARD OF APPEALS
JUNE 17, 2008
Chairman Entman called the Zoning Board of Appeals regular meeting to order at 7:42 P.M. on
Tuesday, June 17, 2008 in the Council Chambers of the Village Hall, 50 Raupp Boulevard.
ROLL CALL
Commissioners Present: Commissioner Stein
Commissioner Dunn
Commissioner Windecker
Commissioner Lesser
Commissioner Shapiro
Chairman Entman
Commissioners Absent: None
Also Present: Edward Schar, Building Commissioner
Brian Sheehan, Deputy Building Commissioner
William Raysa, Village Attorney
DeAnn Glover, Village Trustee
APPROVAL OF MINUTES
March 18, 2008 minutes:
Com. Lesser made a motion to approve the minutes of the Zoning Board of Appeals regular
meeting held on Tuesday, March 18, 2008. Corn. Windecker seconded the motion.
Roll Call Vote: AYE — Stein, Dunn, Windecker, Lesser, Shapiro, Entman
NAY — None
ABSTAIN — None
Motion Passed 6 to 0. Minutes approved as submitted.
April 15, 2008 minutes:
Corn. Windecker made a motion to approve the minutes of the Zoning Board of Appeals regular
meeting held on Tuesday, April 15, 2008. Corn. Lesser seconded the motion.
Roll Call Vote: AYE — Dunn, Windecker, Lesser, Shapiro, Entman
NAY — None
ABSTAIN — Stein
Motion Passed 5 to 0, 1 Abstention. Minutes approved as submitted.
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OLD BUSINESS
1501 BUSCH PARKWAY, HIGHLAND PARK HOSPITAL HEALTH AND FITNESS
CENTER—SIGN CODE, SECTIONS 14.20.050 AND 14.40.145, FOR THE PURPOSE OF
INSTALLING AN ADDITIONAL SIGN ONTO THE EXISTING GROUND SIGN
LOCATED AT 1525 BUSCH PARKWAY
Ms. Julie Povolick, Executive Director, Highland Park Hospital Health and Fitness Center, 1501
Busch Parkway,was present and sworn in.
Ms. Povolick provided an overview of the services provided at the Center. Patients are having a
difficult time locating the facility.
Ms. Mariah DiGrino, DLA Piper US LLP, was present and sworn in. Ms. DiGrino explained that
they are requesting approval to install a sign onto the existing ground sign located at 1525 Busch
Parkway. Van Vlissingen, property manager of The Corporate Grove, will not support the
request for two (2) separate signs located along Milwaukee Avenue. New sign drawings were
submitted and are marked as Exhibits "Fl" and "F2". The proposed sign was reduced as well as
the sign base. The proposed sign would be two feet eight inches (2'8"). The overall height of the
ground sign would be eleven feet five inches (11'5"). This is almost a fifty percent (50%)
reduction from the original proposed sign.
Ch. Entman read the letter from Ken Gorman into the record.
Corn. Windecker asked if the colors are staying the same. Ms. DiGrino advised that the colors
would be as depicted on revised color renderings. Corn. Windecker asked about the size of the
sign base. Ms. DiGrino stated that the overall width of the signs would be thirteen feet four
inches (13'4"). The bases are slightly narrower. The existing base height is twenty inches (20").
The base that would be added onto the sign is eight inches (8") in height. Corn. Windecker
confirmed that the base would be landscaped.
Corn. Dunn advised that she is a member of the Highland Park Hospital Health and Fitness
Center, but that will not affect her decision regarding this matter. Corn. Dunn asked about the
illumination of the sign. Ms. DiGrino advised that the sign would be internally illuminated as the
current Extended Stay American sign. Ms. DiGrino confirmed that the sign faces would be
identical on both sides.
There were no questions or comments from the audience.
Mr. Raysa confirmed that the request made to install an off-premises ground sign that would be
located within two hundred fifty feet (250') of an existing ground sign on the same side of the
street is being withdrawn. He asked for clarification concerning Van Vlissingen's non-approval
of the requested sign. Ms. DiGrino explained that Van Vlissingen does support the request but
was not willing to change or amend the Covenants without the support of the Village. If this
request is approved, they will proceed to formally approve the sign.
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PAGE 2 of 22—JUNE 17, 2008
Corn. Dunn stated that she cannot support the request for an off-premises sign. It would set a bad
precedent and could allow for every business in town to request an off-premises sign. Ms.
DiGrino replied that the Highland Park Hospital Health and Fitness Center is located far away
from both adjacent roadways, Busch Parkway as well as Milwaukee Avenue. Clients to do see
the Extended Stay America and do not understand that Highland Park Health and Fitness Center
is located behind it. The purpose of this sign is not to advertise, but to help direct clients to the
location.
Ms. DiGrino added that the property owner and Van Vlissingen believe that two (2) signs would
clutter that parkway unnecessarily. Extended Stay America and Highland Park Health and
Fitness Center have an operational relationship in that they share an entrance and parking. Also,
some of the Extended Stay America clients use the fitness center.
There were no additional questions or comments from the Commissioners.
Com. Lesser made the following motion:
I move we recommend to the Village Board to grant the amended request made by Buffalo
Grove Health and Fitness Limited Partnership dba Highland Park Health and Fitness Center,
1501 Busch Parkway, for variance of Sign Code, Section 14.20.050, pertaining to Industrial
Districts; and Section 14.40.145, pertaining to Off-Premises Signs, for the purpose of installing
an additional sign onto the existing ground sign located at 1525 Busch Parkway.
Sign to be installed pursuant to Exhibits "F 1" and "F2". Subject to the Village Engineer's
memorandum dated March 4, 2008.
Pursuant to Sign Code, Section 14.44.010, Subsection B.
Corn. Windecker seconded the motion.
Roll Call Vote: AYE — Windecker, Lesser, Shapiro, Entman
NAY — Stein, Dunn
ABSTAIN — None
Motion Passed 4 to 2. Findings of Fact attached. Item to appear on the July 7, 2008 Village
Board agenda.
1501 BUSCH PARKWAY, HIGHLAND PARK HEALTH AND FITNESS CENTER -
SIGN CODE, SECTIONS 14.20.050; 14.20.070 AND 14.40.145, TO INSTALL AN OFF-
PREMISES GROUND SIGN THAT WOULD BE LOCATED WITHIN 250' OF AN
EXISTING GROUND SIGN ON THE SAME SIDE OF THE STREET AT 1525 BUSCH
PARKWAY
Petitioner withdrew this request.
100 MCHENRY ROAD, BUFFALO WINGS AND RINGS — DEVIATION TO THE
TOWN CENTER SIGN CRITERIA TO ALLOW 3 WALL SIGNS THAT ARE NOT
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PAGE 3 of 22 — JUNE 17, 2008
CONSTRUCTED OF INDIVIDUAL CHANNEL LETTERS AND WOULD EXCEED
THE HEIGHT ALLOWED
100 MCHENRY ROAD, BUFFALO WINGS AND RINGS — ZONING ORDINANCE,
SECTION 17.44.060.E.6,TO ALLOW AN ADDITIONAL WALL SIGN ON THE EAST
ELEVATION OF THE BUILDING AND WOULD ALLOW EACH OF THE TWO
PROPOSED WALL SIGNS TO EXCEED THE MAXIMUM LIMITATION OF 75
SQUARE FEET BY APPROXIMATELY 8 SQUARE FEET
Mr.Ron Cummings,100 McHenry Road,and Mr.Aby Jacob,100 McHenry Road,were present
and sworn in.The public hearing notice published in the Daily Herald on May 1,2008 was read.
Mr.Cummings explained that there are two(2)requests.A deviation to the Town Center Sign
Criteria and a Sign Code variation request.Based on the comments of the April 15,2008 Zoning
Boar of Appeals meeting,they have amended their request have only two(2)wall signs;one on
the north elevation of the building and one on the east elevation of the building.They have also
amended their request in that the name would be constructed of individual channel letters.The
buffalo head logo would remain as depicted on the revised color renderings submitted and
marked as Exhibits"E2"and"E3". They will not install a sign on the south elevation of the
building.
Com. Windecker confirmed that the individual channel letters will be red and raised from the
building.The buffalo head logo is a separate box sign.He agrees that the sign would better serve
the petitioner on the east elevation of the building instead of the south elevation.
Com.Dunn agrees with Com.Windecker regarding the east elevation sign.No sign on the south
elevation.
Corn.Stein agrees with Corn.Windecker.
Com.Shapiro asked if the ampersand will be in white rather than red.Mr.Cummings confirmed
that the ampersand would be white.Corn. Shapiro recommended that the ampersand be in red.
Ch.Entman agreed.
Ch.Entman asked about the buffalo head logo.The black and white will reverse at night when
illuminated.
There were no additional questions or comments from the Commissioners. There were no
questions or comments from the audience.
Corn.Windecker made the following motion:
I move we recommend to the Village Board to grant the amended request made by Cummings
and Holdings, LLC, 1089 Queen Ann Lane, Lake Zurich, Illinois d/b/a Buffalo Wings and
Rings,100 McHenry Road,for variance of Zoning Ordinance,Section 17.44.060.E.6,pertaining
to Signs,for the purpose of allowing an additional wall sign on the east elevation of the building
ZONING BOARD OF APPEALS
PAGE 4 of 22—JUNE 17,2008
and would allow each of the two (2)proposed wall signs to exceed the maximum limitation of 75
square feet by approximately 8 square feet. Signs to be installed pursuant to Exhibits "E2" and
"E3". No sign to be installed on the south elevation of the building. The ampersand is to be red.
Pursuant to Sign Code, Section 14.44.010, Subsection A.
Com. Dunn seconded the motion.
Roll Call Vote: AYE—Stein, Dunn, Windecker, Lesser, Shapiro, Entman
NAY—None
ABSTAIN—None
Motion Passed 6 to 0. Findings of Fact attached. Item to appear on the July 7, 2008 Village
Board agenda.
Com. Windecker made the following motion:
I move we grant the request made by Buffalo Wings and Rings, 100 McHenry Road, for
deviation to the Town Center Sign Criteria to allow two (2) signs that would not be constructed
of individual channel letters and would exceed the height allowed.
Com. Dunn seconded the motion.
Roll Call Vote: AYE—Stein,Dunn, Windecker, Lesser, Shapiro, Entman
NAY—None
ABSTAIN—None
Motion Passed 6 to 0.
NEW BUSINESS
500 HALF DAY ROAD, HARRIS BANK — SIGN CODE, SECTIONS 14.20.030 AND
14.20.080, TO ALLOW 3 ADDITIONAL WALL SIGNS THAT DO NOT FACE THE
PUBLIC RIGHT-OF-WAY
1300 N. ARLINGTON HEIGHTS ROAD, BANK OF AMERICA — SIGN CODE,
SECTIONS 14.20.020 AND 14.20.125, TO INSTALL A ROOF SIGN ON THE WEST
ELEVATION OF THE DRIVE-THRU; TO REPLACE THE EXISTING GROUND SIGN
WITH A NEW GROUND SIGN IN THE SAME LOCATION; AND THE
COMBINATION OF ALL SIGNS WOULD EXCEED 32 SQUARE FEET
1355 W. DUNDEE ROAD, BANK OF AMERICA — SIGN CODE, SECTIONS 14.20.030;
14.20.070 AND 14.20.080, TO REFACE THE EXISTING GROUND SIGN THAT IS
LOCATED WITHIN 250' OF 3 EXISTING GROUND SIGNS ON THE SAME SIDE OF
THE STREET AND IS LOCATED LESS THAN 10' FROM THE PROPERTY LINE; TO
INSTALL AN ADDITIONAL WALL SIGN ON THE NORTHEAST ELEVATION OF
THE BUILDING THAT DOES NOT FACE THE PUBLIC RIGHT-OF-WAY; AND TO
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PAGE 5 of 22—JUKE 17, 2008
INSTALL AN ADDITIONAL GROUND SIGN ON THE SOUTHEST ELEVATION OF
THE BUILDING THAT DOES NOT FACE THE PUBLIC RIGHT-OF-WAY
1200 W. DUNDEE ROAD, EL POLLO LOCO — SIGN CODE, SECTIONS 14.20.030;
14.20.070; 14.20.080 AND 14.40.025, TO INSTALL A GROUND SIGN THAT WOULD
BE LOCATED LESS THAN 3' FROM THE PROPERTY LINE; TO INSTALL A MENU
BOARD GROUND SIGN WITH CHANGEABLE COPY; TO ALLOW A WALL SIGN
ON THE SOUTH ELEVATION OF THE BUILDING THAT WOULD EXCEED THE
SIZE ALLOWED; TO ALLOW 2 WALL SIGNS ON THE NORTH ELEVATION OF
THE BUILDING THAT DOES NOT FACE THE PUBLIC RIGHT-OF-WAY; AND TO
ALLOW A WALL SIGN ON THE EAST ELEVATION OF THE BUILDING THAT
EXCEEDS THE SIZE ALLOWED
1250 RADCLIFFE ROAD, LITTLE UNIVERSITY — SIGN CODE, SECTION 14.20.010,
TO INSTALL AN ADDITIONAL WALL SIGN ON THE WEST ELEVATION OF THE
BUILDING THAT WOULD EXCEED THE NUMBER OF SIGNS ALLOWED AND
WOULD EXCEED THE ALLOWABLE SQUARE FOOTAGE FOR ALL SIGNS BY
APPROXIMATELY 40 SQUARE FEET.
CHEVY CHASE BUSINESS PARK, HAMILTON PARTNERS — REVIEW OF THE
EXISTING LEASING SIGNS AT MILWAUKEE AVENUE AND LAKE COOK ROAD,
1001 JOHNSON DRIVE AND 1098 JOHNSON DRIVE
Request was made to Table the above listed public hearings until the next regular meeting of the
Zoning Board of Appeals, scheduled for 15, 2008.
PP July
Com. Windecker made a motion to Table the requests made by Harris Bank, 500 Half Day Road;
Bank of America, 1300 N. Arlington Heights Road; Bank of America, 1355 W. Dundee Road; El
Polio Loco, 1200 W. Dundee Road; Little University, 1250 Radcliffe Road; and Chevy Chase
Business Park, Hamilton Partners. Com. Dunn seconded the motion. Voice vote — AYE was
unanimous.
484 FORESTWAY DRIVE, RICHARD AND SYLVIA WESTGARD — FENCE CODE,
SECTION 15.20.040, TO REPLACE THE EXISTING 6' FENCE WITH A NEW 6'
FENCE ALONG THE REAR PROPERTY LINE
Mr. Richard Westgard and Mrs. Sylvia Westgard, 484 Forestway Drive, were present and sworn
in. The public hearing notice published in the Daily Herald on May 30, 2008 was read.
Mr. Westgard explained that they would like to replace the existing six (6) foot fence with a new
six (6) foot fence along the rear property line. Their property backs up to the baseball diamond at
Long Fellow School. The fence is used as a backstop and they constantly get balls in their yard.
Surrounding neighbors also have six (6) foot fences along their rear property lines.
Ch. Entman read the Village Engineer's memorandum addressed to Edward Schar dated June 2,
2008 which states: "I have no comments on the proposal." Mr. Westgard has seen this report.
L
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PAGE 6 of 22 — JUNE 17, 2008
Ch. Entman confirmed that the proposed fence would be a solid cedar fence.
Corn. Dunn asked if a gate would be installed along the rear property line. Mr. Westgard advised
that there would be a gate.
Corn. Shapiro stated that he has a child that attends Long Fellow School, but this will not affect
his decision.
Corn. Windecker asked about the new fence installed along the side property lines. Mr. Westgard
stated that the new fence complies with the Fence Code as it is five (5) feet in height. A permit
was obtained.
There were no additional questions or comments from the Commissioners. There were no
questions or comments from the audience;
Corn. Dunn made the following motion:
I move we grant the request made by Richard and Sylvia Westgard, 484 Forestway Drive, for
variance of Fence Code, Section 15.20.040,pertaining to Residential Districts, for the purpose of
replacing the existing six (6) foot fence with a new six (6) foot fence along the rear property line.
Subject to the Village Engineer's memorandum dated June 2, 2008. The Petitioner has
demonstrated hardship and unique circumstances. The proposed fence will not be detrimental to
.1 the public health, safetyand welfare and will not alter the essential character of the
neighborhood.
Corn. Windecker seconded the motion.
Roll Call Vote: AYE—Stein, Dunn, Windecker, Lesser, Shapiro, Entman
NAY—None
ABSTAIN—None
Motion Passed 6 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days—July
3, 2008.
1470 LARCHMONT DRIVE, CAREY GOLDBERG — FENCE CODE, SECTION
15.20.040, TO CONSTRUCT A 4' CHAIN LINK FENCE BEYOND THE BUILDING
SETBACK LINE ALONG KNOLLWOOD DRIVE
Mr. Carey Goldberg, 1470 Larchmont Drive, was present and sworn in. The public hearing
notice published in the Daily Herald on May 30, 2008 was read.
Mr. Goldberg explained that he has been a resident of Buffalo Grove for over a year. He has
done extensive renovations to the home. He has a two (2) year old son and would like the fence
to keep his son in the yard. He would like to put a pool and swing set in the back yard. He has
taken out the ten (10) foot tall bushes as shown in the photographs submitted with the application
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PAGE 7 of 22—JUNE 17, 2008
and marked as Exhibit "E". The proposed chain link fence would provide visibility. The
neighbor's fence to the rear is also a chain link fence that extends out to about two(2)feet from
the sidewalk.He would like to match his fence up with the neighbor's fence.The neighbor was
granted a variation for his fence over twenty (20) years ago. Additional photographs were
submitted and marked as Exhibits"E2"and"E3".
Ch.Entman read the Village Engineer's memorandum addressed to Edward Schar dated June 5,
2008 which states: "We have reviewed the attached proposal and recommend against any
restriction of the line of sight beyond that which would be created by a building constructed at
the building line. There is no abutting driveway."Mr. Goldberg advised that he has seen this
report.
Ch.Entman read a letter supporting the request dated June 4,2008 from Richard G. Smith and
JoAnn B.Smith into the record.
Com. Stein asked Mr. Schar if a pool could be placed in the side yard.Mr. Schar stated that a
pool could be placed in the side yard.
Com.Stein confirmed with the Petitioner that there will not be any slats inserted into the chain
link 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 Carey Goldberg, 1470 Larchmont Drive,for variance of
Fence Code, Section 15.20.040, pertaining to Residential Districts, for the purpose of
constructing a four(4)foot chain link fence that would extend beyond the building setback line
beginning at the northeast corner of the house and extending north to a point approximately two
(2)feet from the sidewalk,then turning west to the rear property line.
Subject to the Village Engineer's memorandum dated June 5,2008.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.Dunn seconded the motion.
Roll Call Vote:AYE—Stein,Dunn,Windecker,Shapiro,Entman
NAY—Lesser
ABSTAIN—None
Motion Passed 5 to 1.Findings of Fact attached.Permit may be issued in fifteen(15)days—July
3,2008.
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PAGE 8 of 22—JUKE 17,2008
3260 INDIAN CREEK DRIVE, JEFFREY CHIENG — FENCE CODE, SECTION
15.20.040, TO CONSTRUCT A 6' FENCE BEYOND THE BUILDING SETBACK LINE
ALONG BUFFALO GROVE ROAD
Ms. Debbie Chieng, 3260 Indian Creek Drive, was present and sworn in. The public hearing
notice published in the Daily Herald on May 30,2008 was read.
Ms. Chieng explained that she lives at the corner of Buffalo Grove Road and Indian Creek Drive.
The request is based on the alteration to Buffalo Grove Road. Since the project, traffic flow,
noise and speeding has increased along Buffalo Grove Road. Also, commercial traffic is now
present on the roadway. They have concerns for safety since the roadway project. Some steps
can be taken to alleviate these issues such as modifying the speed limit, have police monitor the
roadway and limitation of commercial traffic. Cars use their driveway to turn around when
traffic is backed along the road. She filed a police report on April 2, 2008 that addresses this
concern. She is worried about the safety of their children and the children of the neighborhood
when cars are turning around in the driveway. She has received information concerning a noise
study. She will be requesting a higher fence once the requests of her neighbor's have been
approved.
Ch. Entman read the Village Engineer's memorandum addressed to Edward Schar dated June 2,
2008 which states: "I have no comments on the proposal."The Petitioner has seen his report.
Ch. Entman confirmed that the proposed fence would be a six (6) foot board on board fence.
Corn. Shapiro confirmed with the Petitioner that the remainder of the rear yard would not be
fenced in. He asked why they are requesting a six (6) foot fence. Ms. Chieng advised that the
fence would then match the fence that exists along Buffalo Grove Road.
Corn. Lesser believes that a five (5) foot fence would address the safety issue. He does not
support the request for a six (6) foot fence. Ms. Chieng asked why they can not have a six (6)
foot fence. Com. Lesser stated that they try to keep fences under six (6) feet in height.
Ms. Chieng stated that she would be open to tapering the fence from six (6) feet to five(5) feet.
Com. Windecker asked if the Petitioner has contacted the Police Department to discuss her
concerns with cars using her driveway to turn around. She stated that she has not. Corn.
Windecker stated that he cannot support the request for a six (6) fence across the front. He would
support the request if the fence tapered from six (6) feet to five (5) feet.
Corn. Dunn agrees with the other Commissioners' comments.
Mr. Alex Kelrikh, 7 River Oaks Circle East, Buffalo Grove, Illinois, was present and sworn in.
Mr. Kelrikh stated that addressing the concerns with the Police Department may be helpful but it
will not alleviate the traffic or stop traffic from turning around in her driveway and making
illegal U-turns. The traffic bottlenecks in front of the Petitioner's house. Buffalo Grove Road
used to be a local drive, until the road project. Now traffic speeds down the road.
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PAGE 9 of 22—JUNE 17, 2008
Ch. Entman stated that he understands the need for safety. A six (6) foot fence is not necessary.
A five (5) foot fence would accomplish the goal. He would support tapering the fence from six
(6) feet to five (5) feet in one eight (8) foot section.
Ms. Chieng stated that they requested a six (6) foot fence for aesthetic reasons.
Mr. Xiangdong Xu, 4 River Oaks Circle West, Buffalo Grove, Illinois, was present and sworn in.
Mr. Xu stated that the height of the fence will reduce the noise level of the traffic. The fence will
improve their quality of life. He supports the request.
Ms. Weili Wang, 9 River Oaks Circle East, Buffalo Grove, Illinois, was present and sworn in.
Ms. Wang stated that since the roadway project in 2005, the noise level had increased
dramatically. Last year, the bridge was replaced and created more traffic congestion and more
noise. She supports the request.
Ms. Chieng stated that she would like to proceed with the request as submitted for a six (6) foot
across.
There were no additional questions or comments from the Commissioners. There were no
additional questions or comments from the audience.
Com. Stein made the following motion:
I move we grant the request made by Jeffrey Chieng,, 3260 Indian Creek Drive, for variance of
Fence Code, Section 15.20.040, pertaining to Residential Districts, for the purpose of
constructing a six (6) foot fence beyond the building setback line that would extend from the
southeast corner of the house to the east property line.
Subject to the Village Engineer's memorandum dated June 2, 2008. 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. Dunn seconded the motion.
Roll Call Vote: AYE — None
NAY — Stein, Dunn, Windecker, Lesser, Shapiro, Entman
ABSTAIN — None
Motion Denied 6 to 0. Findings of Fact attached. Petitioner was advised of their right to appeal
the decision to the Village Board.
1101 OLD BARN ROAD, BETH MAX — FENCE CODE, SECTION 15.20.040, TO
CONSTRUCT A 4' FENCE 7' BEYOND THE BUILDING SETBACK LINE ALONG
DEERFIELD PARKWAY
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PAGE 10 of 22 — JUNE 17, 2008
Ms. Beth Max, 1101 Old Barn Road, was present and sworn in. The public hearing notice
published in the Daily Herald on May 30,2008
Ms. Max explained that she is proposing to construct a black wrought iron fence with
landscaping on the inside of the fence. The fence would extend seven (7) feet beyond the
building setback line.
Ch.Entman read the Village Engineer's memorandum addressed to Edward Schar dated June 5,
2008 which states:"I have no comments on the proposal."Ms.Max has seen this report.
Com.Windecker confirmed that the proposed fence would be a new fence.
Com.Lesser asked if the fence were to be installed on the building line,would the fence interfere
with the existing landscaping.Ms.Max replied that the fence would interfere with the existing
landscaping.
Corn.Shapiro confirmed that the fence would be parallel to Deerfield Parkway and would be a
four(4)foot wrought iron fence.
Com.Stein asked about a hardship.Ms.Max stated that to put the fence along the building line
would ruin existing landscaping.She planned to put in bushes on the inside of the fence.
Com.Dunn stated that the property location is unique and she supports the request.
Com.Lesser supports the request.
There were no additional questions or comments from the Commissioners. There were no
questions or comments from the audience.
Com.Dunn made the following motion:
I move we grant the request made by Beth Max, 1101 Old Barn Road,for variance for Fence
Code, Section 15.20.040,pertaining to Residential Districts, for the purpose of constructing a
four(4)foot fence beyond the building setback line that would extend south from the southeast
corner of the house a distance of seven(7)feet,then turning east to the rear property line,then
turning north and returning to the building setback line.
Subject to the Village Engineer's memorandum dated June 5, 2008. 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.Windecker seconded the motion.
Roll Call Vote:AYE—Stein,Dunn,Windecker,Lesser,Shapiro,Entman
NAY—None
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PAGE 11 of 22—JUNE 17,2008
ABSTAIN—None
Motion Passed 6 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days—July
3, 2008.
30 TIMBER HILL ROAD, CHRIS BARTOSIK — FENCE CODE, SECTION 15.20.040,
TO CONSTRUCT AN 8' FENCE BEYOND THE BUILDING SETBACK LINE AND
BEYOND THE FRONT LINE OF THE HOUSE
Mr. Chris Bartosik, 30 Timber Hill Road, was present and sworn in. The public hearing notice
published in the Daily Herald on May 30, 2008 was read.
Mr. Bartosik explained his property abuts Lake Cook Road. There is a ten (10) foot easement
adjacent to Lake Cook Road that he does not want to disturb. Since the Lake Cook Road
construction has completed, the traffic levels have increased. He has security concerns as well.
He has found strangers standing at his garage as well as people cutting through the yard. He
would also like to eleviate some of the noise generated by the traffic.
Ch. Entman read the Village Engineer's memorandum addressed to Edward Schar dated June 3,
2008 which states: "There are several dimensions indicated on the proposal that are not to scale.
We recommend that the fence be so located as to comply with the corner restriction
requirements."Mr. Bartosik has seen this report.
Ch. Entman confirmed that the proposed fence would be the same type of fence that currently
exists on the property.
Com. Shapiro stated that he is familiar with the property and would support the request subject to
the Village Engineer's memorandum.
Com. Lesser stated that the Petitioner has unique circumstances and asked if any type of
landscaping has been considered. Mr. Bartosik stated that he is concerned with the soil quality
and the easement. He has several trees that are setback about twelve (12) to thirteen(13) feet that
are struggling. He is also concerned about winter road salt on any landscaping. Corn. Lesser
stated that he would support the request in this case.
Com. Windecker supports the request.
There were no additional questions or comments from the Commissioners. There were no
questions or comments from the audience.
Corn. Shapiro made the following motion:
I move we grant the request made by Chris Bartosik, 30 Timber Hill Road, for variance of Fence
Code, Section 15.20.040, pertaining to Residential Districts, for the purpose of extending the
existing eight(8) foot fence by approximately sixty-one(61) feet to the east. Said fence would be
located beyond the building setback line and beyond the front line of the building.
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PAGE 12 of 22—JUNE 17, 2008
Subject to the Village Engineer's memorandum dated June 3, 2008. 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. Lesser seconded the motion.
Roll Call Vote: AYE — Stein, Dunn, Windecker, Lesser, Shapiro, Entman
NAY — None
ABSTAIN — None
Motion Passed 6 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days — July
3, 2008.
3 RIVER OAKS CIRCLE EAST, YOUNG KOH AND SUNHEE HAM — FENCE CODE,
SECTION 15.20.040, TO CONSTRUCT AN 8' FENCE BEYOND THE BUILDING
SETBACK LINE ALONG BUFFALO GROVE ROAD
The Petitioners were not present at this time. This hearing has been deferred.
4 RIVER OAKS CIRCLE WEST, XIANGDONG XU AND YAYA LIU — FENCE CODE,
SECTION 15.20.040, TO CONSTRUCT A 10' FENCE BEYOND THE BUILDING
SETBACK LINE AND WOULD EXTEND 12' BEYOND THE FRONT LINE OF THE
BUILDING
Mr. Xiangdong Xu and Ms. Yaya Liu, 4 River Oaks Circle West, were present and sworn in. The
g g Y
public hearing notice published in the Daily Herald on May 30, 2008 was read.
Ms. Liu explained that they moved into the house in 2004. At that time, the neighborhood was
quiet. Since the bridge project, there is a lot more noise. Their children get woken up at night by
the traffic noise. They are also concerned with the speed of traffic. There are seven (7) children
that reside in the cul-de-sac. Cars are constantly turning around in the cul-de-sac. Their major
concern is the safety of the children and the noise. They have pine trees and spruces that are over
eight (8) feet in height. The trees do not block the noise. They are willing to accept an eight (8)
foot fence.
Ch. Entman read the Village Engineer's memorandum addressed to Edward Schar dated June 5,
2008 which states: "I(n) reviewing the submitted materials there presumably may be some
testimony, particularly related to 9 River Oaks East, that the elevation, at the location of the
proposed fence, is "5'-8' below the roadway". No supporting documentation is included and I
would estimate that the variation grade ranges from near level at 3 River Oaks Circle East to
something in the range of 3 feet vertical difference towards the north end of the petitioners
presented.
��
Ch. Entman also read the Village Engineer's memorandum addressed to Edward Schar dated
June 5, 2008 which states: "I have no comments on the proposal."
ZONING BOARD OF APPEALS
PAGE 13 of 22 — JUNE 17, 2008
The Petitioner has seen these reports.
\.„i
Corn.Dunn confirmed that the Petitioner is amending their request from a ten(10)foot fence to
an eight(8)foot fence.The fence would be a board on board style fence.Com.Dunn asked why
they are requesting to extend the fence twelve(12)feet beyond the front of the house.Ms.Liu
stated that they had measured and that they actually need the fence to extend fifty-five(55)feet.
Photographs were submitted by the Petitioners and marked as Exhibits"El", "E2","E3",and
"E4".Ms.Liu stated that by extending the fence twelve(12)feet,the fence would fit through the
opening in the landscaping.
Mr.Xu stated that their main concern is the traffic.
Corn.Lesser stated that he understands their concerns.Installing an eight(8)foot fence will not
solve the problem with the children playing in the driveway and cars turning around. He is
supportive of the fence idea but is not supportive of bringing the fence into the front yard.They
need to create a buffer.The fence will create some buffer and landscaping could create more.
Corn. Windecker stated that keeping the children from playing in the driveway will solve the
safety issue. Many houses have driveways with basketball courts. He is not supportive of
increasing the length of the fence.
Corn.Windecker asked if anyone had measured the decibel readings for both five(5)and six(6)
foot fences.There is not much difference.Ms.Liu stated that they are trying to abate the noise
level.They have written letters to the County regarding the change in the noise level since the
bridge project.The combination of the road material and the increase in height of the bridge has
made the noise level unbearable.Ms.Liu asked why the properties along Lake Cook Road could
have an eight(8)fence and not them.
Corn.Shapiro stated that the driveway is located approximately fifty(50)feet from the fence.He
asked why there are not requesting an eight(8)fence along the rear property line to help with the
noise.Also,the fence would not block the noise from the second floor of the house.He cannot
support the request to extend the fence into the front yard.Mr.Xu replied that they are trying to
resolve the noise issue.Corn. Shapiro asked what would solve the problem.Mr.Xu stated that
hopefully the County would perform the noise study.Corn.Shapiro asked if the Petitioners were
aware of the roadway project when the purchased the home.Mr.Xu responded that they were
not aware of the project.
Corn. Lesser suggested moving the basketball court to the back yard. Mr. Xu stated that they
have a retention pond in the back yard.They have also planted trees as a sound barrier.
Mr.Robert Heape,35 River Oaks Circle East,Buffalo Grove,Illinois was present and sworn in.
Mr. Heape presented a slide show to the Commissioners. He moved into the back of the
subdivision.He found no real noise levels when he took decibel readings at peak traffic times.
He would support the enforcement of the speed limit on Buffalo Grove Road or an increase in
the timing of the green light.He has been provided with a study on the movements of deer.There
ZONING BOARD OF APPEALS
PAGE 14 of 22—JUKE 17,2008
is a defined deer corridor that runs through the area. He sees at least two (2) to three (3) deer a
day. At peak times during the season, he can see ten (10) to twenty (20) deer a day in the area.
The deer cannot pass under the bridge. Deer can be deadly to man. Stressed deer are
unpredictable. As mankind builds more, it could cause the deer path to be re-routed onto
highways. Deer can also cause disease. A child in the subdivision was found to have a deer tick
on them. A new corridor would force the deer into his yard. He would like the matter considered
seriously. This is a single access subdivision. He has safety concerns for the children that wait at
the corner for the buses. An accident involving a deer could delay emergency responders.
Natural landscaping creates a natural buffer. The proposed fences are inconsistent with the
approved site plan concerning open space.
Mr. Alexander Kelrikh, 7 River Oaks Circle East, Buffalo Grove, Illinois, was present and sworn
in. Mr. Kelrikh stated that he supports the Petitioners request for an eight (8) foot fence. It will
help with some of the noise.
Corn. Stein stated that he is supportive of the request for an eight (8) foot fence but not
supportive of the fence extending past the front of the house. Ms. Liu stated that the property is
next to the bridge and the bridge creates noise.
Corn. Shapiro added that a fence would not help with the noise issues on the second floor of the
house. Ms. Liu added that they cannot open their windows due to the noise.
Ch. Entman read the following items into the record:
` • Printed presentation from Robert Heape, 35 River Oaks Circle East —marked as Exhibit
`, "F";
• Email from Michelle McMullen-Tack, 11 River Oaks Circle East dated June 16, 2008 —
marked as Exhibit"G";
• Email from Yaya Liu, 4 River Oaks Circle West dated June 11, 2008—marked as Exhibit
• USDA Wildlife Study—marked as Exhibit"I";
• Plan Commission meeting minutes dated May 19, 1999—marked as Exhibit"J"; and
• Village Board meeting minutes dated September 13, 1999—marked as Exhibit"K"
Ch. Entman stated that the road will always be busy and noisy. There is no evidence that a fence
will resolve that. He is not supportive of the request. He believes that the criteria have not been
met.
There were no additional questions or comments from the Commissioner. There were no
additional questions or comments from the audience.
Corn. Stein made the following motion:
I move we grant the amended request made by Xiangdong Xu and Yaya Liu, 4 River Oaks Circle
West, for variance of Fence Code, Section 15.20.040, pertaining to Residential Districts, for the
purpose of constructing an eight (8) foot fence beyond the building setback line along the east
property line and also would extend twelve(12) feet beyond the front line of the building.
ZONING BOARD OF APPEALS
PAGE 15 of 22—JUNE 17, 2008
Subject to the Village Engineer's memorandums dated June 5, 2008. 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. Dunn seconded the motion.
Roll Call Vote: AYE—Stein
NAY—Dunn, Windecker, Lesser, Shapiro, Entman
ABSTAIN—None
Motion Denied 5 to 1. Findings of Fact attached. The Petitioner's were advised of their right to
appeal this decision to the Village Board.
3 RIVER OAKS CIRCLE EAST, YOUNG KOH AND SUNHEE HAM — FENCE CODE,
SECTION 15.20.040, TO CONSTRUCT AN 8' FENCE BEYOND THE BUILDING
SETBACK LINE ALONG BUFFALO GROVE ROAD
Mr. Young Koh, 3 River Oaks Circle East, was present and sworn in. The public hearing notice
published in the Daily Herald on May 30, 2008 was read.
Mr. Koh explained that since the road widening project traffic has increased. He is not sure how
the fence can affect the noise problem but it is the only thing he can do for now.
`-/ Ch. Entman read the Village Engineer's memorandum addressed to Edward Schar dated June 5,
2008 which states: "I(n) reviewing the submitted materials there presumably may be some
testimony, particularly related to 9 River Oaks East, that the elevation, at the location of the
proposed fence, is "5'-8' below the roadway". No supporting documentation is included and I
would estimate that the variation grade ranges from near level at 3 River Oaks Circle East to
something in the range of 3 feet vertical difference towards the north end of the petitioners
presented."
Corn. Lesser stated that his comments are similar to the previous Petitioner. A fence is not a
remedy. Mr. Koh said that the biggest problem is the noise. Corn. Lesser replied that a fence
would be permanent and may not solve the noise issue. He is not supportive of the request.
Corn. Shapiro stated that significant landscaping would buffer the property from the road. This
property is the furthest from the bridge. Mr. Koh stated that they cannot open their windows
during the day. The noise was not as bad before the roadway project. There is twice as much
traffic as before. Corn. Shapiro would like the County to verify the noise issues. He believes that
there is another remedy. He is not supportive of the request.
Corn. Stein is supportive of the request.
Corn. Windecker asked the Petitioner when they determined there was a noise issue. Mr. Koh
stated in 2004. Com. Windecker asked why the Petitioner had not requested a fence before now.
ZONING BOARD OF APPEALS
PAGE 16 of 22—JUNE 17, 2008
Com. Lesser believes the noise issue requires further study before a decision can be made.
Mr. Tim Tack, 11 River Oaks Circle East, Buffalo Grove, Illinois, was present and sworn in. Mr.
Tack stated that they have tried to contact the County. They have sent three (3) letters with no
response. He asked the Village to assist them in trying to contact the County. He believes that the
noise can be addressed with a fence. He also believes that a fence will help with the visual issues
they face. He can see the vehicle tires from his house. The whole neighborhood recognizes that
there is a problem. He also addressed the comment from Mr. Heape regarding deer ticks. Deer
ticks live in the grass and trees,not just on deer.
Mr. Jeff Graham, 1725 W. Graham, Deerfield, Illinois, was present and sworn in. He is a Lake
County Scout Master. He is concerned about the deer issue and the safety of children.
Mr. Ken Wickstrom, Gurnee, Illinois, was present and sworn in. Changing animal patterns is a
safety concern. He is a motorcyclist and is concerned about the possibility of getting into an
accident with a deer. The weight ratio of a car is much different than that of a motorcycle.
Mr. Xiangdong Xu, 4 River Oaks Circle West, Buffalo Grove, Illinois, was present and sworn in.
Mr. Xu stated that the proposed fence will not affect the current deer pattern.
Ch. Entman does not believe that a fence will resolve the issue. He also does not believe that the
criteria have been met to grant a variance.
Mr. Raysa confirmed that the proposed fence would replace the existing six (6) foot fence in the
same location.
Ch. Entman read the following items into the record:
• Printed presentation from Robert Heape, 35 River Oaks Circle East— marked as Exhibit
«F,,.
• Email from Michelle McMullen-Tack, 11 River Oaks Circle East dated June 16, 2008 —
marked as Exhibit"G";
• Email from Yaya Liu, 4 River Oaks Circle West dated June 11, 2008 —marked as Exhibit
"H,,.
• USDA Wildlife Study—marked as Exhibit"I";
• Plan Commission meeting minutes dated May 19, 1999—marked as Exhibit"J"; and
• Village Board meeting minutes dated September 13, 1999—marked as Exhibit"K"
There were no additional questions or comments from the Commissioners. There were no
additional questions or comments from the audience.
Corn. Windecker made the following motion:
I move we grant the request made by Young Koh and Sunhee Ham, 3 River Oaks Circle East, for
variance of Fence Code, Section 15.20.040, pertaining to Residential Districts for the purpose of
constructing an eight(8) foot fence beyond the building setback line along Buffalo Grove Road.
ZONING BOARD OF APPEALS
PAGE 17 of 22—JUNE 17, 2008
Subject to the Village Engineer's memorandum dated June 5, 2008. 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. Dunn seconded the motion.
Roll Call Vote: AYE—Stein
NAY—Dunn, Windecker, Lesser, Shapiro, Entman
ABSTAIN—None
Motion Denied 5 to 1. Findings of Fact attached. The Petitioner's were advised of their right to
appeal this decision to the Village Board.
5 RIVER OAKS CIRCLE EAST, STEVEN BERKOWITZ ANDJACKI UNGER—FENCE
CODE, SECTION 15.20.040, TO CONSTRUCT AN 8' FENCE ALONG THE REAR
PROPERTY LINE
Ch. Entman read an email received from Steven Berkowitz dated June 11, 2008 request to
postpone his public hearing until the July regular meeting.
Corn. Windecker made a motion to Table the request made by Steven Berkowitz and Jacki
Unger, 5 River Oaks Circle East, until the next regular meeting scheduled for July 15, 2008.
Corn. Lesser seconded the motion.
Roll Call Vote: AYE—Stein, Dunn, Windecker, Lesser, Shapiro,Entman
NAY—None
ABSTAIN—None
Motion Passed 6 to 0. Item to appear on the July 15, 2008 Zoning Board of Appeals agenda.
7 RIVER OAKS CIRCLE EAST, ALEXANDER AND ALLA KELRIKH — FENCE
CODE, SECTION 15.20.040, TO CONSTRUCT AN 8' FENCE ALONG THE REAR
PROPERTY LINE
Mr. Alexander Kelrikh, 7 River Oaks Circle East, was present and sworn in. The public hearing
notice published in the Daily Herald on June 2, 2008 was read.
Mr. Kelrikh explained that in 1999, when he purchased the home, he was not aware of the future
road project and would not have had any idea of where to look for that kind of information. He
purchased the property because of the trees on the lot. At that time, you could not see into the
yard. His lot was considered a premium lot. Now, you can see cars traveling on the road and they
can see into the yard. While sitting in his yard, he cannot hear the person sitting across from you
because of the traffic noise. A fence will help to restore the peace they previously had. He
understands that a fence will not eliminate the noise completely, but it will help to reduce it. A
study has indicated that the average homeowner stays in their home about seven (7) years. He is
willing to invest in the fence. The County has not been willing to help. Addressing the comments
ZONING BOARD OF APPEALS
PAGE 18 of 22—JUNE 17,2008
from Mr. Heape, if a deer can jump a six (6) foot fence, he does not want a deer jumping into his
yard. He could get seriously injured. The additional two (2) feet of fence will change his life. All
of the proposed fences would be a uniform style.
Ch. Entman read the Village Engineer's memorandum addressed to Edward Schar dated June 5,
2008 which states: "I(n) reviewing the submitted materials there presumably may be some
testimony, particularly related to 9 River Oaks East, that the elevation, at the location of the
proposed fence, is "5'-8' below the roadway". No supporting documentation is included and I
would estimate that the variation grade ranges from near level at 3 River Oaks Circle East to
something in the range of 3 feet vertical difference towards the north end of the petitioners
presented."
Com. Lesser stated that he does not believe that the Zoning Boar of Appeals is the governmental
body to address this issue. The Village Board may have better remedies. If a fence was the only
solution, then he would think differently. He cannot support the request.
Mr. Kelrikh stated that prior to the roadway project, the road would bottleneck so the traffic was
not that bad. Now, it is more convenient to travel this road. The road is higher than it previously
was. He used to feel privacy in his back yard. Now, people can see into the yard. Speed will not
stop people from looking in.
Corn. Shapiro asked if the Petitioner has inquired with Lake County personally. Mr. Kelrikh
replied that he has not. He knows that the County will not lower the road.
Corn. Stein comments are similar to his previous comments.
It was suggested that all the residents of the subdivision go to Lake County collectively. It may
lead to a resolution. It was also suggested to speak with a Lake County Commissioner.
Ch. Entman read the following items into the record:
• Printed presentation from Robert Heape, 35 River Oaks Circle East — marked as Exhibit
«F9,.
• Email from Michelle McMullen-Tack, 11 River Oaks Circle East dated June 16, 2008 —
marked as Exhibit "G";
• Email from Yaya Liu, 4 River Oaks Circle West dated June 11, 2008 — marked as Exhibit
«H99.
• USDA Wildlife Study — marked as Exhibit "I";
• Plan Commission meeting minutes dated May 19, 1999 — marked as Exhibit "J"; and
• Village Board meeting minutes dated September 13, 1999 — marked as Exhibit "K"
There were no additional questions or comments from the Commissioners. There were no
additional questions or comments from the audience.
Com. Dunn made the following motion:
ZONING BOARD OF APPEALS
PAGE 19 of 22 — JUNE 17, 2008
I move we grant the request made by Alexander and Alla Kelrikh,7 River Oaks Circle East,for
variance of Fence Code,Section 15.20.040,pertaining to Residential Districts,for the purpose of
constructing an eight(8)foot fence along the rear property line.
Subject to the Village Engineer's memorandum dated June 5, 2008. 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—Stein
NAY—Dunn,Windecker,Lesser,Shapiro,Entman
ABSTAIN—None
Motion Denied 5 to 1.Findings of Fact attached.The Petitioner's were advised of their right to
appeal this decision to the Village Board.
9 RIVER OAKS CIRCLE EAST, SCOTT YIN AND WEILI WANG—FENCE CODE,
SECTION 15.20.040,TO CONSTRUCT A 10'FENCE ALONG THE REAR PROPERTY
LINE
Mr.Scott Yin and Ms.Weili Wang,9 River Oaks Circle East,were present and sworn in.The
public hearing notice published in the Daily Herald on May 30,2008 was read.
Ms. Wang explained that they are requesting a ten (10) foot fence for several reasons: 1) to
reduce the noise levels due to the new road surface and bridge;2)safety for their children and
other neighborhood children that play in their backyard;3)the fence will protect their property
values.The existing six(6)foot fence does not block the view of the traffic.They recently had
an appraisal of their property done and the report showed that the value of the property was
reduced.The appraiser noted that the reduced value was due to the roadway and bridge project.
They measured the noise levels at 6:30A.M. (date not included) and submitted the decibel
readings along with photographs. The documents were entered and marked as Group Exhibit
Mr.Yin added that the noise levels fluctuate between high and low all the time.In his opinion,
the decibel numbers stated by Mr.Heape do not make sense.The road level is now five(5)feet
higher than the base of the fence.The proposed fence would be six(6)inches thick to absorb the
noise.
Ch.Entman read the Village Engineer's memorandum addressed to Edward Schar dated June 5,
2008 which states: "I(n) reviewing the submitted materials there presumably may be some
testimony,particularly related to 9 River Oaks East, that the elevation, at the location of the
proposed fence,is"5'-8'below the roadway".No supporting documentation is included and I
would estimate that the variation grade ranges from near level at 3 River Oaks Circle East to
something in the range of 3 feet vertical difference towards the north end of the petitioners
presented."
ZONING BOARD OF APPEALS
PAGE 20 of 22—JUKE 17,2008
Ch. Entman read the following items into the record:
• Printed presentation from Robert Heape, 35 River Oaks Circle East — marked as Exhibit
• Email from Michelle McMullen-Tack, 11 River Oaks Circle East dated June 16, 2008 —
marked as Exhibit"G";
• Email from Yaya Liu, 4 River Oaks Circle West dated June 11, 2008—marked as Exhibit
«H,,.
• USDA Wildlife Study—marked as Exhibit"I";
• Plan Commission meeting minutes dated May 19, 1999—marked as Exhibit"J"; and
• Village Board meeting minutes dated September 13, 1999—marked as Exhibit"K"
Mr. Tim Tack, 11 River Oaks Circle East, was present and sworn in. He asked if anyone had
ever approached the County concerning the Lake Cook Road project. Ch. Entman stated that he
is not sure.
Corn. Stein asked if any surveys or engineer reports have been prepared to support the suggested
ten (10) foot fence height. The Petitioner responded that there have not been any reports
prepared.
Corn. Shapiro asked how the Petitioner obtained the decibel readings. Ms. Wang stated that she
borrowed a decibel meter. This was not a scientific study. Mr. Yin added that they took multiple
readings.
Mr. Schar added that the properties along McHenry Road had a lot of their yards taken during
the road widening project. That is why they were granted the variances for the eight (8) foot
fences.
There were no additional questions or comments from the Commissioners. There were no
additional questions or comments from the audience.
Corn. Windecker made the following motion:
I move we grant the request made by Scott Yin and Weili Wang, 9 River Oaks Circle East, for
variance of Fence Code, Section 15.20.040,pertaining to Residential Districts, for the purpose of
constructing a ten(10) foot fence along the rear property line.
Subject to the Village Engineer's memorandum dated June 5, 2008. 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. Dunn seconded the motion.
Roll Call Vote: AYE—Shapiro
NAY—Stein, Dunn, Windecker, Lesser, Entman
ZONING BOARD OF APPEALS
PAGE 21 of 22—JUKE 17,2008
ABSTAIN — None
Motion Denied 5 to 1. Findings of Fact attached. The Petitioner's were advised of their right to
appeal this decision to the Village Board.
ANNOUNCEMENTS
None.
ADJOURNMENT
Motion to adjourn the meeting was made by Com. Windecker and seconded by Corn. Dunn.
Voice Vote — AYE was unanimous.
Ch. Entman adjourned the meeting at 11:45 P.M.
Submitted by,
Aotie,6L_
J ie Kamka
Recording Secretary
ZONING BOARD OF APPEALS
PAGE 22 of 22 — JUNE 17, 2008