Loading...
1981-03-17 - Zoning Board of Appeals - Minutes ZQNTIG_, QASD_00 AP AL.S VILLAGE OF BUFFALO GROVE, ILLINOIS T UES. , MARCH 17,_ 1981 I . CALL TO ORDER Vie-Cho John Quick called the meeting to order at 7:37 P.M. on Tuesday, Mar. 17, 1981 at the Village Hall. II. ROLL CALL Commissioners Present: H. Hefter, M. Kearns, M. Schwartz and J. Quick. Ch. R. Heinrich arrived at 7:45 P.M. QUORUM PRESENT. • Commissioners Absent: P. Schroeder (Ill) and J. Finfer (Resigned 2/26/81) Village Representatives: Jim Griffin, Bldg. Dept. - Wm. Raysa, Jr. Attorney and Trustee Bobbie O'Reilly. III. APPROVAL OF MINUTES The minutes of Feb. 19, 1981 were deferred because not enough Commissioners who attended the meeting are present. IV. BUSINESS A. 904 Thornton Lane - Mr. and Mrs. William Esser Art. X, Sec. 6.4-AA - Rear Yard Variation The Public Hearing Notice was read and Mr. Walinm. Esser was, sworn in. 'Ch. Quick informed Mr. Esser of the necessity of 4 vote to grant him the variation. Mr. Esser explained his need for an addition was necessitated by an increase in his family. When he purchased the house, it was large enough for he and his wife. but his daughter and grandson have moved in and extra living space is needed. The cost of purchasing a different house, with the market and high interest rates, is not possible. The addition will be used as a :family room. Ch. Quick noted that he had been out to the site and the addition is drawn in the sketch wrong. It should be where the deck is. Mr. Esser described the proper location, and added that other similar houses in Mill Creek have similar additions. He has discussed the addition with all his neighbors. None objected. Also there is a parking lot to the rear. All questions having been answered, Com. Kearns made the following motion: I move we grant the variation requested by William Esser, 904 Thornton Lane, per Art. X, Sec. 6.4-A, as presented. Com. Hefler seconded the motion. Roll Call Vote: Aye - Schwartz, Hefter, Kearns and Quick. Nay - None Abstain - Heinrich (Arrived during discussion.) Variation Granted - 4 to 0. 1 Abstention • - • • • • • • • • - • • • • • . n • • • • • • • • • • O . • r!A w • • • • • • O • - • R r D B. 920 Ridgefield Lane - Daniel K. Miller Article X, Section 5.3-A - Rear Yard Variation The Public Hearing Notice was read and Mr. and Mrs.Miller were sworn in. Mrs. Miller stated their reasons for the variation, as follows: a) Two children, 5 and 28 mos. g.,the baby needs constant, supervision because she is possibly deaf and cannot be allowed outside alone. b) Because of a hedge around the entirb yard, a fence would be unsightly. c) House is located adjacent to Raupp Memorial Park, which rises high above their yard and when the little girl wonders away they cannot keep her in sight and she does not hear them. d) The Millers are going to Europe in July and will be leaving the children with a couple. They would feel more secure with the screened porch. e) Last year they were troubled by many mosquitoes and bees making the backyard almost unusable. Similar situation is predicted for this year. f) Because of a possible "pool business" operating across the street from their house, many trucks are using the street and the Millers are con- cerned with the possibility of an accident. The Board discussed the problem of a business operating out of the neighbor's house and Mr. Griffin said that it is difficult to sub- stantiate such a charge. Mr. Raysa said that strong evidence is needed if the Village takes a resident to court. The Building Department is to investigate. Construction of th.e proposed addition was described plans submitted. It will follow the same roof line in back, have a cathedral ceiling and be set upon a new foundation. They need a six (6) ft .variation. Com. Schwartz made the following motion: I move we grant the variation requested by Mr. and Mrs. Daniel K. Miller. 920 Ridgefield Lane per Art. X, Sec. 5.3-A. Hardship having been demonstrated. R-4-A Zoning Dist. Com. Hefler seconded the motion. Roll Call Vote: Aye - Kearns, Quick, Hefler, Schwartz and Heinrich. Nay - None Variation Granted - 5 to 0. V. ANNOUNCEMENTS Mr. Joel Finfer has resigned. Ch. Heinrich asked that Pres. Clayton be advised and that a selection be made from the talent bank as soon as possible. VI. ADJOURNMENT - Com. Schwartz made a motion to adjourn at 8:20 P.M. Com. Hefler seconded the motion. The meeting adjourned upon unanimous Aye. Res a tfully submitted, sb S r ey to c ZONING BOARD OF APPEA rg Mar. 17, 1981 - Page-Two • • • • • • • • • • • • • • A • • w • • • • • • • • • • • • • • • • • • • • • • • t tS B. 920 Ridgefield Lane - Daniel K. Miller Article X, Section 5.3-A - Rear Yard Variation The Public Hearing Notice was read and Mr. and Mrs.Miller were sworn in. \./ Mrs. Miller stated their reasons for the variation, as follows: a) Two children, 5 and 28 mos. =:the baby needs constant`, supervision because she is possibly deaf and cannot be allowed outside alone. b) Because of a hedge around the entiVe yard, a fence would be unsightly. c) House is located adjacent to Raupp Memorial Park, which rises high above their yard and when the little girl wonders away they cannot keep her in sight and she does not hear them. d) The Millers are going to Europe in July and will be leaving the children with a couple. They would feel more secure with the screened porch. e) Last year they were troubled by many mosquitoes and bees making the backyard almost unusable. Similar situation is predicted for this year. f) Because of a possible "pool business" operating across the street from their house, many trucks are using the street and the Miller's are con- cerned with the possibility of an accident. \./ The Board discussed the problem of a business operating out of the neighbor's house and Mr. Griffin said that it is difficult to sub- stantiate such a charge. Mr. Raysa said that strong evidence is needed if the Village takes a resident to court. The Building Department is to investigate.' Construction of the proposed addition was described plans submitted. It will follow the same roof line in back, have a cathedral ceiling and be set upon a new foundation. They need a six (6) M.variation. Com. Schwartz made the following motion: I move we grant the variation requested by Mr. and Mrs. 'Daniel K. Miller. 920 Ridgefield Lane per Art. X, Sec. 5.3-A. Hardship having been demonstrated. R-4-A Zoning Dist. Com. Hefler seconded the motion. Roll Call Vote: Aye -. Kearns, Quick, Hefler, Schwartz and Heinrich. Nay - None Variation Granted - 5 to 0. V. ANNOUNCEMENTS Mr. Joel Finfer has resigned. Ch. Heinrich asked that Pres. Clayton be advised and that a selection be made from the talent bank as soon as possible. VI. ADJOURNMENT - Com. Schwartz made a motion to adjourn at 8:g0 P.M. Com. Hefler seconded the motion. The meeting adjourned upon unanimous Aye. Res a tf u ly submitted, sb S r ey iaLitta, ZONING BOARD OF APPEAT�o e c. Mar. 17, 1981 - Pam'14.., FINDINGS OF FACT ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE, ILL. The Buffalo Grove Zoning Board of Appeals hereby Findints of fact and conclusions: • pPe makes the following I. THE SUBJECT PROPERTY: • A. Address: 904 Thornton Lane B. Legal Description: As set forth in Exhibit "A" attached hereto and made a part hereof. C. Zoning District: R-5.4 D. Lot Size: 63.0 ft. by 115.0 ft. - No unusual characteristics of House or lot. II. CHCARACTERISTICS OF THE SURROUNDING AREA: A. Location: Mill Creek Sub-division B. Similar Variations: Other houses have been permitted to construct room additions. C. Public Rights of Way: Thornton Lane D. Adjacent Lots: No unusual characteristics to be noted. III. VARIATION SOUGHT: A. Section 6.4-A of Article X of Zoning Ordinance. B. Description of Variation: Rear Yard is now .38.21- Addition requested is 121__ x ,16.O1 Rear Yard will be 22.2' - within limits. C. Exhibits depicting variation: (1) Survey - Exhibit "A" - attached hereto and made a, part of. (2) Plans - Exhibit.1 "B"-_.attached hereto=snd'made.a part of. D. VARIATION POWER: Section 4.1-2 (a), of Article XIII. IV. PUBLIC HEARINGS: A. After due notice. as required by law, a copy of said publication notice being attached hereto as Exhibit "C" - the Zoning Board of Appeals held a Public Hearing on the proposed variation on Tuesday, March 17. 1981 in the Buffalo Grove Vill.ageHall. The applicant, William F. Esser. testified at the hearing and presented documentary evidence. There were no individuals present to testify on behalf of the applicant. No objectors appeared at the hearing and no written objections have been filed to the proposed variation. ;V. FINDINGS: A. The Board of Appeals hereby grants the variation requested. Specifically, the Board grants a variation that would permit an addition to be construct- ed to the petitioners residence that would result in a Rear Yard of 22.2 feet. In support of its granting of this variation. the Board of Appeals has made the following findings with respect to the application for a variation: ti B'. Hardship Conditions: (1) Economic: The property in question cannot yield a reasonable return if permitted to be used only under the con— ditions allowed by the regulations in that zoning district. (a) Economic Factors: To relocate is too expensive, due to the present economic conditions. Also. the current market make it difficult to sell. (2) Uniqueness of Conditions: The plight of the owner is due to unique circumstances. (a) Increase in family size: Daughter and grandson have moved in with the petitioner and space is not adequate. (b) Purpose of Variation: To increase living space. (3) Locality: The variation will not alter the essential character of the locality. C. Criteria For Variations: Section 4.5 of Article XIII (i) Variation will not serve merely as a convenience to applicant. (2) Will not impair an adequate supply of light and air to adjacent property. (3) Will not increase the danger of _f re or endanger - public safety. (4) Will not unreasonably diminish or impair established property values within the surrounding area (5) Will not impair the public health, safety, comfort, morals and welfare of the inhabitants of the Village of Buffalo Grove. VI. CONCLUSION: Accordingly, by a vote of 4 to 0 , the Buffalo Grove Zoning Board of Appeals hereby grants the variation. DATED VILLAGE OF BUFFALO GROVE, TLL. ZONING BOARD OF APPEALS By Chairman sb FINDINGS OF FACT ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE, ILL. • The Buffalo Grove Zoning Board of Appeals hereby makes the following findings of fact and conclusions: I. THE SUBJECT PROPERTY q,Z 0 A. Address: 930 Ridgefield Lane B. Legal Description: As set forth in Exhibit "A" attached hereto and made a part hereof. C. Zoning District: R - 4 - A. D. Lot Size: 75.0 ft. by 117.0 ft. (1) Characteristics of lot: The rear yard has a hedge around it, making a fence unsightly. Also, Raupp Memorial Park is located behing the property. II. CHARACTERISTICS OF THE SURROUNDING AREA: A. Location: Strathmore Sub-division B. Adjacent Lots: (1) Line of Sight: To the rear the Raupp Memorial Park rises high above the subject property. III. VARIATION SOUGHT: A. Section 5.3-A of Article X of the Zoning Ordinance. B. Description of Variation: A screened porch built to the rear of the home. 12 ft. x 18 ft. resulting in a rear yard of 24 feet. C. Exhibits depicting variation: (1) Survey: Exhibit "A" attached hereto and madea part hereof. (2) Plans: Exhibit "B" and "C" D. Variation Power: (1) Section 4.1-2 (a) of Article XIII. IV. PUBLIC HEARINGS: A. After due notice, as required by law, a;copy of said publication notice being attached hereto as Exhibit "D" , the Zoning Board of Appeals held a public hearing on the proposed variation on Tuesday. March 17. 1981 in the Buffalo Grove Village Hall. The applicants, Mr. and Mrs. Daniel K. Miller. testified at-5-theea hearing, and presented documentary evidence. There were no indi- viduals present to::;testify on their behalf. No objectors appeared at the hearing and no written objections have been filed to the proposed variation. V. FINDINGS: A. The Board of Appeals hereby grants the application for variation. Specifically, the Board grants a variation that would permit a Rear-Yard of 24 feet after the construction of a screened porch. In support of its granting of this variation, the Board of Appeals has made the following findings with respect to the application for a variation: B. Hardship Conditions: (1) Economic: The property in question cannot yield a reasonable return if permitted to be used only under'the condi— tions allowed by the regulations in that zoning district. (a) Cost prohibitive because: The current market makes selling difficult and interest rates are too high. (c) Economic Factors: More reasonable to create a play area than to move to a new location. (2) Uniqueness of Conditions: The plight of-the..owner is due to unique circumstances. (a) Topographically: To the rear is public property which rites high above the subject property. Also. this property is not sprayed-for flying insect control and the rear yard of the petitioner is unusable because of flying, biting bugs. (b) Cause of Hardship: The 27 mo. old child may have a hearing loss and must have constant supervision. (c) Purpose of Variation: To create a play area that is safe and free of insect bites. (3) Locality: The variation will not alter the essential character of the locality or the surrounding properties. C. Criteria For Variations: Sections 4.5 of Article XIII (1) Variation will not serve merely as a convenience to applicant. (2) Will not impair an adequate supply of light and air to adjacent property. (3) Will not increase the danger of fire or endanger the public safety. (4) Will not unreasonably diminish orimpair established property values within the surrounding area. _ (5) Will not impair the public health, safety, comfort, morals and welfare of the inhabitants of the Village of Buffalo Grove. VI. Conclusion: Accordingly, by a vote of 5 to 0, the Buffalo Grove Zoning Board of Appeals hereby grants the variation. DATED VILLAGE OF BUFFALO GROVE, ILL. ZONING BOARD OF APPEALS � 1 By Chairman sb