1981-07-21 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS
VILLAGE OF BUFFALO GROVE. ILL.
TUESDAY, JULY 21, 1981
I. CALL TO ORDER
The meeting was called to order at 7:35 P.M. by Com. Quick (Vice Chairman)
at the Village Hall on Tuesday, July 21, 1981.
II. ROLL CALL
Commissioners Present: Quick, Kearns, Stolman, and Perlman. QUORUM.
Ch. Heinrich arrived at 7:50 P.M.
Commissioners Absent: Hefler and- ?anzo.
Also Present: Mr. James Griffin, Mr. !flu. Raysa and Mr. Marc Schwartz.
Com. Quick introduced and welcomed Mr. Mark Perlman, who was appointed to
the ZBA on July 20, 1981.
III. APPROVAL OF MINUTES
The minutes were deferred until later.
IV. BUSINESS
A. 17 Fox Court East - Mr. and Mrs. John R. Larsen
Article X, Section 7.3-A; Side yard
Section 15.36.040 - Fence
The Public Hearing Notice was read and Mrs. Constance Larsen was sworn in.
Mrs. Larsen stated the reason for seeking a variation was based upon their
desire to provide the best atmosphere for raising their two daughters. It
itt their plan to put an in-ground swimming pool next to their patio that
would extend into the side yard. She expressed their satisfaction with the
village and their intention to live here a long time.
Mrs. Larsen said she came to the Building Dept. last year and was told that
a fence could be erected to within one foot of the sidewalk and up to the
front corner of'.the house. She was also told that there should be no problem
if they decided they wanted to put in a pool. She did not recall who told
her these things, Based upon this information, they purchased the fence,
a board-onr-board wood fence. They have gotten quotes on an in-ground pool.
The size would be 161 x 221 'mkt is the smallest pool that will accomodate
a diving board. The Larsens have already put in a patio with a
garden surrounding it. Rather than cut into the patio for a pool, they are
seeking a variation. The patio is 161 x 241 and the pool would be adjacent
to the patio.
Mrs. Larsen presented photographs of their yard and drew in the approximate
location of the proposed fence and pool. A 2-3 ft. walkway would be put in
around the pool as required. The fence would not obstruct traffic. It is a
4 ft. high decorative wood fence. The neighbors do not object, even though
they are close to the proposed fence. The patio was put in after Mrs. Lar-
sen s call to the Village. The patio is poured agrigate with redwpod strips.
Com. Kearns noted that the Ordinance calls for the fence to be measured from
the front of the building; not the building line. The building line is on a
curve.
Hein rich. arrived at this point (7:50 P.M.) and was briefed on the
situation.
r.
_ V
_ `J
_ V
Mrs. Larsen said they would want the diving board at the corner. It would
be a 5' to 61 diving board.
Ch. Heinrich noted that the ZBA has exercised great caution about allowing
fences to protrude into neighbors front yards. He reviewed the drawing and
suggested using the patio for the diving board, with the deep, 8 ft. end
close to the patio. Is expressed concern for children coming over the.: fence.
Mr. Griffin said the proposed pool would come to 6 ft. from the rear lot line
and 6 ft. from the side lot line. There is no Pool Ordinance, per se, but the
BOCA Code Regulations must be met. No overhead electrical is one requirement.
Com. Quick asked if the pool could be placed on the lot without moving the
patio?
Mrs. Larsen said "No." She said she would not want a diving board on the
patio because of the water splashing, etc. The gate would be kept locked
and the Larsens also have a dog who barks loudly at strangers.
Ch. Heinrich asked about the requirements of the pool ordinance. He recalled
passing such an ordinance and said that he thought there is a handout that
people are given when they come in for a permit.
It was determined that there are no other in-ground pools past the building
line of a house. It was also determined that from 1/3 to V2 of the proposed
pool would be beyond the building.
The power lines run between the houses and would not be effected by the pool.
Ch. Heinrich asked Mr. Raysa for his interpretation of the ordinances:
Mr. Raysa cited Chapter 15.04, The Building Construction Section. What has
been done in the past is to adopt the BOCA CODE by reference. 'To change
a section of the BOCA CODE . relating to specific matters, . the Buffalo
Grove ordinances by-amendment.
Section 15.04.040 - Amends certain sections of= 'the Boca Code. Mr. Raysa read
Section .44.4- Location of swimming pools. "Swimming pools shall not encroach
in the front or side_yard required by this Code, or the governing zoning law,
except by specific motion authority.' Further references are made to appur-
tenances, such as the deck, platform, etc. What is important is the verbage
"shall not" which is mandatory, encroach... .. .. . ."except by specific variation
authority. He said the ZBA has a general rule to" vory up to '1/3 in a side yard,
but it does not have specific variation authority.
Mr. Raysa' a interpretation at this time is that the ZBA does not have the
authority to grant this variation. He suggested that the request be tabled and
he would research it farther. The next meeting is a Special Meeting to be held
August 4, 1981.
There was further discussion. Mrs. Larsen said she would like to come back.
Com. Perlman suggested that the deck be cut back far enough to allow the pool
be moved back about 4 feet. Then less of a variation for the fence would be
needed.
Com. Quick made a motion to table until August 4, 1981 and Com. Kearns seconded.
Roll Call Vote was Aye Unanimously. Ch. Heinrich will not be able to attend.
V. ANNOUNCEMENTS
Com. Quick made a motion to approve the minutes of June 16, 1981. Com. Kearns
seconded the motion. Roll Call Vote was Aye Unanimously. (Com. Perlman - Abstain) .
Ch. Heinrich asked that additional notices be sent to residents surrounding the
two Buffalo Grove parks requesting fence variations on Aug. 4, 1981
VI. ADJOURNMENT
Motion to adjourn was made at 8:30 P.M. by Com. Quick and seconded by Com. Perlman.
R-; 1 ctf u3l.y su tted,
AW
ZONING BOARD OF * • •EALS
sb Shirley Bates, f=ecretary July 21, 1981 - 'age Two
y.
15 . 04 . 040
.
II
• i I
The permit fee for the construction , initial, installation ,
argement, or alteration of pools shall be ten dollars
10 . 00) for above the ground pools . Pools wholly or partially
the ground will comply with existing building fee schedules . j•
.
e
installation permit fee shall be in addition to any elec-
ical or plumbing fees that may be required . "
E. "Section 428 . 4 Location: Private swimming pools
) 1
all not encroach on any front or yard required by this '
a
, . e or the governing zoning law, except by specific rules 1
,
- ,the jurisdiction in which it may be located . A6wfeetf from
ing pool shall not be located less than six ( 6) 4
; •
rear or side property line or ten ( 10) feet from any street
o �erty line , except by specific rules of the jurisdiction in ,
operty
it may be located .
Platforms and other appurtenances pertaining to the pool .
Y
(- included in the determining location. No private swimming
,;., ' including platforms and appurtenances shall be constructed ; A
Ain five ( 5) feet of any permanent structure . " struc- - 5 E >:
F. "Section 428 . 5 .1 Structural design: The pool
and designed to withstand the expected
e. shall be engineered g 4 t
!rces to which it will be subjected . ; ,
'=' Swimming pool interior finish, including bottom and si es , K
! st be of light-colored material , nontoxic to man, with a
oth finish surface . Sand or earth bottoms are not permitted ` r r
? pool construction unless covered by a durable waterproof t
- 11 •rane . " f Public and semi-
'' " Section 428 . 6 .2 Water treatment: :
G.
•Yic swimming pools shall be designed and installed so that
'ore is a pool water turnover at least once every eight ( 8 )
'curs. Filters shall not filter water at a rate in excess of3
a' ee ( 3) gallons per minute per square foot of surface area . ,
::
' _ treatment system shall be so designed and installed to •
- wide in the water , at all times when the pool is in use , � �
Cess chlorine of not less than four-tenths ( 0 . 4) parts per i
lion (ppm) or more than six-tenths ( 0 . 6) ppm, or excessl '
between seven-tenths ( 0 . 7 ) and one ( 1 . 0) ppm, or - :� 3
oramine means . Acidity . #
infection may be provided by other approved
alinity of the pool water shall not be below seven (7 . 0)
,fit more than seven and one-half (7 . 5) . All recirculation sys-
hair and lint strainer f:
il s,, shall be provided with an approved
4 tailed in the system ahead of the pump . R.
Private swimming pools shall be designed and installed
Z: hat there is a pool water turnover at least once every
1
- hteen (18) . hours . Filters shall not filter water at µ.
'k� cess
:ex of five ( 5) gallons per minute per square foot of
face area . The pool owner shall be instructed in proper s` s
are and maintenance of the pool , by the supplier or builder , w.
! e uding the use of high test calcium hypochlorite (dry .
• chlorine) or equallyrt
!Iorine) or sodium hypochlorite _ (liquid
Pk
,>
' ffeCtive germicide and algaecide and the importance of proper -
� :
. -
Ai-,-.(alkalinity and acidity) control .
.=r •4 ::.
x A t
rr,
t 262 (Buffalo Grove 10/15/79) j