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1981-08-04 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS VEILAGE OF BUFFALO GROVE. ILL. TUESDAY, AUG. 4, 1,981 I. CALL TO ORDER Com. John Quick, Vice Chairman, called the meeting to order at 7:33 P.M. II. ROLL CALL Commissioners Presenu: H. Hefler, M. Kearns, M. Perlman, J. Quick. QUORUM F. Manzo (arrived at 7:45 P.ri.) Commissioners Absent: R. Heinrich and D. Stolman Others present: J. Griffin and Wm. Raysa, Village Attorney III. APPROVAL OF MIN u'r.P.;S The July 21., 1981 minutes were deferred until the August 18th meeting. IV. OLD BUSINESS A. 17 Fox Court East -- Larsen Tabled July 21, 1981 because further research was needed to determine if the ZBA has authority to grant the variation. A letter from Mr. Raysa was read stating: "The specific language in 15.04.040 E. states that `./ no swimming pool shall encroach on any front or side yard "except by specific rules of the j uri s- diction in which it may be located." To my knowledge, the Village has not enacted any authorized varia- tions to allow this encroachment." Mr. Raysa' s letter and a letter to the Book Publishing Co. are attached. Mrs. Larsen agreed to drop the petition for variation of Art. X, Sec- tion 7.3-A (Side Yard) and asked if the ZBA would consider the variation for the fence. Com. Kearns made a motion to remove the petition from Table. Con. Manzo seconded the motion. Voice Vote was Aye Unanimously. Com. Kearns asked why the fence needed to go out so far if the pool is not going to be put in past the building line. Mrs. Larsen explained that they have purchased the fence. She has seen several other fences in the Village that are on the lot lines. Also her neighbors do not object to the 4 ft. fence. A 4 ft. fence is required if a pool is put in. lso it would give the Larsen's full use of the yard. Because of the curve of the street, the fence would cause no traffic problem. There were no people present to object. No further cpestions from the ZBA. Com. Kearns made the following motion: I move we grant the petition of Mr. and Mrs. John R. Larsen, 17 Fox Court East, to Section 15.36.040 of the Municipal Code, to allow a fence to extend 8 feet past the building line to a point even with the rear building line as per the plat of survey. \... _ ,..1 , Com. Manzo seconded the motion. Roll Call Vote: Aye .. Hefler, Kearns, Perlman Manzo Nay — Quick Motion Passed 4 to 1. Mrs. To rsen was informed that she can pick up the permit Wed. Aug. 5th. V. NEW BUSINESS A. Buffalo Grove Park District, Dennis De Lance — Park Director 1. Willow Stream Pool — Section 15.36.040 — Fences Farrington Drive Extended. The Public Hearing Notice was read and Mr. De Lance was sworn in. Mr. De Lance explained that on hot days the pool was very crowded and they needed to expand the area. They did not have enough sunning area so it was decided to move the 8 ft. fence to enclose the grass area. The Building Code called for a 5 ft. fence but in talking with Mr. Hruby and Mr.,Griff'.i.n, it was decided to request 8 ft. Com. Quick noted that since the Fence Ordinance is not part of the Zoning Ordinance, variance is necessary. The Park District is exempt from the Zoning Ordinance. The fence has already been erected. The old fence that originally en— closed the pool was moved back and additional fence purchased. The old 8 ft. poles were cut off to 4 ft. and new vinyl fencing installed around the pool area. This was done to comply with the need for a foot bath. Con.Hefler approved an 8 ft. fence. Com. Kearns asked about the distance between the fence and the creek. Mr. De Lance said it is about 10'to 151 and wide enough for a car to drive through. The bike path will probably be reconstructed since it was used. Mr. De Lance stated that when he became Park Director in July, he wanted to begin his relationship with the Village by following proper procedures; even construction had already been started, Mr. Paul Korchendorfer, a resident on Farrington, questioned the procedure of the Park District. Construction continued after the need for a variation was decided. The fence was finished about 2 weeks ago. The original land use was questioned because with the park was purchased in 1981, it was de— signated for passive purposes. There is a flood plane where the grassy area is located. The drainage ditch is not maintained. The bike path was used by many people. The purpose as stated: to attract more people to use the sunning area has not been effective. Very few people leave the pool deck area. Another problem is that the speakers volume has been turned up since the area was expanded and many other neighbors have complained. The loud music and the announcements are very annoying. Com. Hefler noted that when he was there he saw that the speakers are not placed correctly. They are directed outward instead of in toward the pool. In response to the question of the work continuing, Mr. Griffin noted that a letter was given to the Village stating : a. the Park Districk would assume the risk of continuing b, they would conply,with the decision of the ZBS (reserving the right to appeal) ZONING BOARD OF APPEALS Aug. 4, 1981 .. Page Two •uo- .o m - pepuo09S 0ZtX *MO r The procedures followed by the Park District were reviewed. It was noted that residents are not notified of proposed changes/ improvements. Cos. Manso asked Mr. Korchendorfer what his main objection was? Mr.KordhenAorfor replied that he agreed with the height of the fences but he objected to the pose of increasing the use of the pool. More people e would be more intrusion s property and the fact that the pool is against the original agreement* The question arose as to whether the Park District needed permits to build fences? Mr. Raysa quoted the State Statutes and Case Law, Jan. 21 , 1981, says that a Municipal entity (public entity) cannot thwart another public entityp from performing its function. He cited Wiles.. Mr* Raysa also stated that Building Codes must be obeyed. Usually permits are issued and the fees waived. After further discus si cn s the following motion was made by Con. Hefter: I move ve grant the petition of the Buffalo Grove Park Districts 150 Raupp Blvd* a variation of Section 15.36.040 of the Municipal Code, pertain- ing to fences; for the purpose of enclosing the swimming pool at Willow Stream Pool on Farrington Drive; as per attached exhibit. Pool is located in the P•rR 4 Zoning District. The granting of this petition will not contravene any other ordinances and does not go against the ordinance protecting health, safety and welfare. Com* Perlman seconded the coati.on. Roll. Call Vote: Aye - Heiler, Kearns Manso% Perlman Quick Nay- None Motion Passed 5 to 0. 2. Tennis Court at Green Lake Park Section 1.5.36.040 -. Fences Mr. Deliance presented a plat of the park sad described the location of the proposed 10 foot fence enclosing the tennis courts. The courts are located about 150 feet from the lot line on the West and about 50e to 601 from the unoccppied property on the East. The fence is already installed and Mr. De Lance learned of the need for a permit and variation when he applied for the previous swimming pool. variation. There were no objections from the Commissioners or any residents. Cos. Kearns made the following motion: I move we grant the variation requested by the Buffalo Grove Park District to Section 1.5.36.040 to allow the 10 foot fence located at the tennis court on Green -Knolls Drive and Busch Road* Location is in the R 5 A District. By the granting of this variance , there will be no effect on health, safety or welfare of Buffalo Grove residents. ZONING BOARD OF APPEALS August 4, 1981 - Page Three O T c �. Park District motion cunt'd This variation will not contravene any other ordinance. Variation granted as per diagram presented with the petition. Com. Heiler seconded the motion. Roll Call Vote: Aye — Heiler! Kearns, Perlman,, Quick, Manzo. Motion Passed 5 to 0. VI. ANNOUNCEMENTS Mr. De Lance asked if a variation would be necessary if the Park District decided to extend the sides of the new backstop at Emmerich Pk. last. They propose a 10 ft. fence — This would require a variation. They will actually extend the backstop arms for 201 .- 301 past the bases. Mr. Raysa said he would chemktolorthe situation and advise. VII. ADJOURNMENT Com. Heiler made a motion to adjourn.ourn. Com. Manzo seconded the motion. The meeting ad j turned at 8:47 P.M. Respectfully submitted, Shirley Bates, Secretary Zoning Board of Appeals ZONING BOARD OF APPEALS sb AUGUST 4, 1981 — Page Four c BLOCHE, FRENCH & RAYSA ATTORNEYS AT LAW SUITE 332 - 1011 LAKE STREET OAK PARK, ILLINOIS 60301 EMILE BLOCHE FORMERLY WILLARD & BLOCHE 1937-1972 RICHARD G. RAYSA GEORGE FRENCH (1946-1974) WILLIAM G. RAYSA TELEPHONE 386-7273 July 29, 1981 Mr. Rich Heinrich, Chairman Zoning Board of Appeals Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60090 Re: Swimming Pools Variation 17 Fox Court East Dear Mr. Heinrich: My oral opinion on July 21, 1981 in regard to the above captioned variation of Mr. and Mrs. John Larsen was that pursuant to subsection E of section 15.04.040 Qf our municipal code, a swimming pool could not encroach on any front or side yard. Upon being informed by Mr. Jim Griffin that there is no other applicable section in the BOCA code (which we have adopted as amended) this. letter is to confirm the above oral opinion. The specific language in 15 .04.040 E. states that no swimming pool shall encroach on any front or side yard "except by specific rules of the jurisdiction in which it may be located." To my knowledge, the. Village has not enacted any authorized variations to allow this encroachment. I am enclosing a copy of a letter I sent to the pub- lisher of the code calling his attention to the correction needed in the index of the code under the heading of swimming pools. Very truly yours , BLOCHE, FRENCH & RAYSA sceek-%z1..._ By: William G. Raysa WGR:ba Enclosure cc: William Balling Jim Griffin BLOCHE, FRENCH & RAYSA ATTORNEYS AT LAW SUITE 332 - 1011 LAKE STREET • OAK PARK, ILLINOIS 60301 EMILE BLOCHE FORMERLY WILLARD i BLOCHE 1937-1972 RICHARD G. RAYSA GEORGE FRENCH (1946-1974) WILLIAM G. RAYSA TELEPHONE BBB-7373 July 29 , 1981 Book Publishing Co. 2518 Western Ave. Seattle, Washington Re: Buffalo Grove Municipal Code Gentlemen: As you are aware, this office represents the Village of Buffalo Grove. I would like to call your attention to our municipal code. On page 356 of the Code (Index) under the topic of Swimming Pool you quote section e.g. Location - 15. 04.070 , but ordinance 71-39 Section 1 has repealed that section. Swimming Pool location is now found in section 15. 04. 040 subsection E. Would you please review all of ordinance 79-39 and make the necessary corrections to the code. The above example is only one of the items under the swimming pool heading in the index that needs to be correc ted. Very truly yours , BLOCHE, FRENCH & RAYSA By: William G. Raysa WGR:ba cc : William Balling Jan Sirabian Frank Hruby Jim Griffin Rich Heinrich