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2009-11-17 - Zoning Board of Appeals - Minutes AppRNE1 As uamiTF l9. lD el REGULAR MEETING BUFFALO GROVE ZONING BOARD OF APPEALS NOVEMBER 17, 2009 Chairman Entman called the Zoning Board of Appeals regular meeting to order at 7:30 P.M. on Tuesday, November 17, 2009 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 Commissioner Au Chairman Entman Commissioners Absent: None Also Present: Brian Sheehan, Deputy Building Commissioner William Raysa, Village Attorney Steve Trilling, Village Trustee APPROVAL OF MINUTES October 20, 2009 minutes: Corn. Windecker made a motion to approve the minutes of the Zoning Board of Appeals regular meeting held on Tuesday, October 20, 2009. One correction on Page 8, Paragraph 2, delete second "left". Corn. Dunn seconded the motion. Roll Call Vote: AYE — Dunn, Windecker, Shapiro, Au, Entman NAY — None ABSTAIN — Stein, Lesser Motion Passed 5 to 0, 2 Abstentions. Minutes approved as corrected. BUSINESS 95 SUNRIDGE LANE, MARC AND SHEILA BLUMENTHAL — FENCE CODE, SECTION 15.20: )40, TO ALLOW THE EXISTING FIVE (5) FOOT WOOD FENCE TO BE REPLACED WITH A NEW FENCE IN THE SAME LOCATION BEGINNING AT THE SOUTHWEST CORNER OF THE HOUSE AND EXTENDING WEST TO THE REAR PROPERTY LINE ALONG WAKEFIELD LANE, THEN TURNING NORTH TO THE BUILDING SETBACK LINE ZONING BOARD OF APPEALS PAGE 1 of 3 — NOVEMBER 17, 2009 Mr. Marc Blumenthal, 95 Sunridge Lane, was present and sworn in. The public hearing notice published in the Daily Herald on October 30, 2009 was read. Mr. Blumenthal explained that they have lived in the home since 1989. The fence predates them purchasing the home. The fence needs to be replaced. They will be replacing this fence and the fence on the north side of the lot. The curve of Wakefield Lane moves the building setback into the rear yard. They currently have landscaping on the inside of the fence. They would need to remove a spruce tree in order to move the fence to the building setback line and to move the fence would greatly reduce the size of their back yard. They will replace the fence with the same type and style fence that exists now. The fence does not obstruct any views. They have spoken with their neighbors and there were no objections. Ch. Entman read the Village Engineer's memorandum addressed to Brian Sheehan dated November 10, 2009 which states: "I have no comments on the proposal. There is no abutting driveway." Com. Stein confirmed with Mr. Sheehan that a permit was issued for the installation of the fence in that location but no variation was granted. 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 Marc and Sheila Blumenthal, 95 Sunridge Lane, for variance of Fence Code, Section 15.20.040,pertaining to Residential Districts, for the purpose of allowing the existing five (5) foot wood fence to be replaced with a new fence in the same location beginning at the southwest corner of the house and extending west to the rear property line along Wakefield Lane, then turning north to the building setback line. Subject to the Village Engineer's memorandum dated November 10, 2009. 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, Dunn, Windecker, Lesser, Shapiro, Au, Entman NAY—None ABSTAIN—None Motion Passed 7 to 0. Findings of Fact attached. Permit maybe issued in fifteen (15) — days December 3, 2009. ANNOUNCEMENTS ZONING BOARD OF APPEALS PAGE 2 of 3 —NOVEMBER 17, 2009 Mr. Sheehan advised the Commissioners that Dengeo's, 195 W.Dundee Road,will most likely be returning to the Zoning Board of Appeals. The roof sign that was installed had added language that was not reviewed by the Zoning Board of Appeals. They were advised to either change the sign to match the Exhibit that was approved or to apply for a new variation. ADJOURNMENT Motion to adjourn the meeting was made by Com. Lesser and seconded by Com. Windecker. Voice Vote—AYE was unanimous. Ch.Entman adjourned the meeting at 7:42 P.M. Submitted by, • Ju e Kamka R cording Secretary ZONING BOARD OF APPEALS PAGE 3 of 3—NOVEMBER 17,2009