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1983-10-27 - Zoning Board of Appeals - Recommendation 0 ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE, IL. FINDINGS OF FACT ON A FENCE VARIATION I . The Subject Property A. Petitioner: Patrick and Nancy Coussee B. Property: 797 Highland Grove Drive C. Legal Description : As set forth in Exhibit "A" and attached hereto and made a part hereof. D. Lot Size: 1 . Characteristics of Lot : Irregular Shape; 74.46 ' x 106.04 ' x 89 . 93 ' x 106 .60' 2. Characteristics of House: Split-level , single family residence 3. Anything distinguishing - about house and lot: Sidewalk istn not the parallel II . CHARACTERISTICS OF THE SURROUNDING AREA: property line. A. Location: Residential area on corner of Highland Grove and Newtown Dr. B. Similar Houses and Lots : There are similar houses in the Highland Square subdivision; not in Highland Grove. C. Similar Variations : None D. Public Rights of Way: Highland Grove and Newtown Drive ; Public Parkway; and Sidewalk. E. Adjacent Lots : 1.. Line of Sight: 20 Newtown Court West , Neighbors do not object. Property across the street is not developed. III . VARIATION SOUGHT: A. Section 15.36. 040 ( Fence Ordinance) of the Buffalo Grove Municipal Code. B. Description of Variation: C. Exhibits Depicting Variation: 1 . Survey: Exhibit "A" attached hereto and made a part hereof. 2. Letter: Exhibit "C" - not dated. 3. Photographs: D. , Variation Power and Criteria; Section 15. 36. 110 IV. PUBLIC HEARINGS : A. After due notice as required by law, a copy of said publication notice, being attached hereto as Exhibit "B" - the Zoning Board r.- of Appeals held a public hearing on the proposed variation on Oct. 18, 1983 at the Buffalo Grove Village Hall . Patrick and Nancy Coussee B. The applicant (s) testified at the hearing and presented documentary evidence. There were no other tolK WRXX XMk i ndi vi dual s present to testify on behalf of the applicant. No objections have been filed to the proposed variation. Or - . objections have been received from NO ONE opposing the variation. V. FINDINGS: A. The Zoning Board of Appeals recommend hat the applicant be (g7,7771OVX Dia0040. Specifically, the Board rants 0600exges0 the variation—znat would permit the applicant to: erec . ence with a 5 foot variance B. Applicants testified at the hearing and in their letter of Oct. 1983 reasons for the requested variation were; Need for space for two dogs and within a year, their child will C. The Zoning Board of Appeals finds that: be playing outside. • A five (5) foot variation would be adequate for petitioner's need. VI. CONCLUSION: Accordingly, by a vote of 4 - 0 the Buffalo Grove Zoning Board of Appeals hereby •ran s Ingo) the variation. Dated Oct. 27, 1983 VILLAGE OF BUFFALO GROVE, ILLINOIS THE ZONING BOARD OF APPEALS John Quick, Vice-Chairman I' 4� ZONING BOARD OF APPEALS �.i VILLAGE OF BUFFALO GROVE, IL. FINDINGS OF FACT ON A FENCE VARIATION I . The Subject Property A. Petitioner: Mr. and Mrs . Lenard Marcus B. Property: 821 Heatherdown Way C. Legal Description : As set forth in Exhibit "A" and attached hereto and made a part hereof. D. Lot Size : 1 . Characteristics of Lot : Corner Lot with Side Yard 2. Characteristics of House: 2-story ; brick and frame 3. Anything distinguishing about house and lot: Rear yard slopes . II . CHARACTERISTICS OF THE SURROUNDING AREA: A. Location : Strathmore East Subdivision B . Similar Houses and Lots : Yes C. Similar Variations : No D. Public Rights of Way: Heatherdown Way, Kingsbridge Way, Public parkway and sidewalk. E. Adjacent Lots : 1 . Line of Sight: The fence would visually obstruct neighbor ' s view. III . VARIATION SOUGHT: A. Section 15. 36.040 ( Fence) of the Buffalo Grove Municipal Code. B. Description of Variation : C. Exhibits Depicting Variation : 1 . Survey: Exhibit "A" attached hereto and made a part hereof. 2. Letter: Dated 8/26/83 - Ex. C 4. Minutes of 10/17/78 ZBA meeting ; relating to pre- 3. Photographs : 5 Polaroid - vious owner' s request for Ex. D, 1 -5 a fence variation for the D. Variation Power and Criteria; same property. Ex. E IV. PUBLIC HEARINGS : . A. After due notice as required by law, a copy of said publication notice, being attached hereto as Exhibit "B" - the Zoning Board -_ A•. • 411aid { of Appeals held a public hearing on the proposed variation on 10/18/83 at the Buffalo Grove Village Hall . B. The applicants, Mr. and Mrs. Lenard Marcus, testified at the hearing and presented documentary evidence. There were no other individuals present to testify on behalf of the applicant. Objections were received from Two neighbors opposing the variation: 1 . Mr. Bill Miller, 830 Kingsbridge Way 2. Mrs. Bonnie Kaufman , 810 Heatherdown Way V. FINDINGS: A. The Zoning Board of Appeals recommends that the applicant be DENIED. Specifically, the Board DENIES the variation that would permit the applicant to: construct a fence extending into the side yard beyond the established building set back line. B. Applicants testified at the hearing and in their letter of 8/26/83 reasons for the requested variation were: for security C. The Zoning Board of Appeals finds that: The applicant has failed to establish need for a variation. VI. CONCLUSION: Accordingly, by a vote of: Aye - 3 Nay - 0 Abstain - 1 THE BUFFALO GROVE ZONING BOARD OF APPEALS HEREBY DENIES THE VARIATION AS REQUESTED. DATED October 18, 1983 VILLAGE OF BUFFALO GROVE, ILLINOIS ZONING BOARD OF APPEALS sb John, Quick, Vicie-Chairman r`iOFESSIGHAL `tiL."; _ ' S-S)RVEY.ORS �.. .. ..r:L.r 1 (..J.if oU1n y .L' A .--X O ' _LO i 4' I N BLOCK 7 0:-= CAMELOT OF BUFFALO GROVE UNIT TWO, EE I:'G A SUED I'•/I S f C ` CF PAST OF SECTION 29, TC:'NSHtP t}3 NORTH, RANGE 11 EAST OF THE THIP.D PP,I NCI PAL t• --R I 0 I AN I N BUFFALO GROVE, LAKE COUNTY, I LL I NOI S, ACCO?DIN, ZO�Tr PLAT-THEREOF---- R•_CORDEO AUGUST 30, 1976, AS DOCUMENT r 1783793. � ' 771 4, ig^-i--• �r�� GAT ;"� apiKc,G 7. J 1 . • • 1'I ' �2 ':Z4 . • . 4� 6ATI' C9_ 3 L A 1 ) � N • ik 23'6 " � - at • 1 - ckt • • � # A isv-h/E.,,i eiii/.v my i • _____:________,......„..., _______ -7- - ---,- I . • • STATE OF ILLINOIS JN (l SS STATE OF ILLINOIS ) SS $re ' TV OF DU PAGE COUNTY OF DU PAGE MARK LOVEJOY&ASSOCIATES,INC., WE,MARK LOVE.OY&ASSOCIATES.INC., HEREBY CERTIFY THAT WE HAVE SURVEYED HEREBY CERTIFY THAT WE HAVE LOCATED THE THE PROPERTY DESCRIBED HEREON AND THAT RESIDENCE THE PLAT HEREON DRAWN IS A CORRECT RE- PRESENTATION OF SAME. ON THE ABOVE PLAT AND THAT THE SAME IS • CORRECTLY SHOWN ON SAID PLAT. BURR RIDGE A.D.19 ....oIR RIDGF A.D. 19___ • BY • REGISTERED ILLINOIS LAND SURVEYOR BY REGISTERED ILLINOIS LAND SURVEYOR NOTE: IRON PIPE AT ALL LOT CORNERS ORDERED BY SCALE 1 INCH s 20' BOOK PAGE ' COMPARE ALL POINTS BEFORE BUILr$ING AND REPORT ANY DIFFERENCE AT ONCE DRAWN r�N CHECKED . LOT .� BLOCK ? NO. 7_T4 9 n V V Fxfi„3,7-- e NOTICE OF PUBLIC HEARING The Zoning Board of Appeals, Village of Buffalo Grove, IL will hold a Public Hearing on Tuesday, October 18, 1983 at the Village Hall, 50 Raupp Blvd. at 8:00 P.M. Request is being made by Lenard and Leane Marcus, 821 Heather- down Way, for variation of Article 15.36.040 of the Fence Code for the purpose of constructing a fence that would ex- tend into the Side Yard past the building set back line. Legal Description: Lot 12 in Block 7, of Camelot of Buffalo Grove Unit Two, being a subdivision of•Part of Section 29, Township 43 North., Range 11 East of the Third Principal Meri- dian in Buffalo Grove, Lake County, Illinois accoridng to the . Plat thereof recorded August 30, 1976, as Document #1788793. VILLAGE OF BUFFALO GROVE, IL Richard Heinrich, Chairman • Zoning Board of Appeals F- Notice of R ;Public f • eating Tfte Zoning Board of Appeals,- ..age bo f Buffalo iGroove,IL will day, obey 18,i 3 aot tfie'V Meaggae Hall.50 Raupp Blvd.at&to a; y. Lenar I i eanearcus.82 Heatherdown.W�ayy�.far variation of Article rze.o10-of tfte Fence code for Me.Puth of.con, strutting a fence at would ex- tend•into the Side Yard Pit the building sef back ine egal Description:Lot 12 In Block T.of Camelot of Buffalo S b Grove Unit Two being a subdivi- sion of Part of Section 29.Town- iP North,fa�ange 11 East of the ThirdiPe1 1leridian in Buffalo Grove,Lake County.I- ob according rdinnggtto the Plat thereof Docunt tt�`8 �7�as r.„ Ula ae • Qiove;fC R HEM1g1CH --'- _Chairman onia9 Board of APpeys Herald Sem 30,1 CX`4/ 6 -- C'.. Lenard Marcus First Chicago Bankcard Center Attorney at Law The First National Bank of Chicago 1019 E.Chicago Street (312)888-6286 Elgin, Illinois 60120 August 26, 1983 Village of Buffalo Grove Zoning Board of Appeals Buffalo Grove, Illinois To Whom It May Concern: This is to request that a zoning variation be granted for my property located at 821 Heatherdown Way in Buffalo Grove. The purpose of the request is so that I may construct a chain link fence, not more than 5' high, on my property along the rear and westside The westside line is where the variance is requested because I propose to construct the fence no closer than 5' from the sidewalk, extending from the middle of the house out to the . requested distance from the sidewalk and then northward toward the property line, and then across the northern property -line. The request for this variance is based upon the hardship that the present fence zoning requirement places upon myself. Since I reside on a corner lot, a majority of the depth of my lot is on the northside of the house, extending from the front sidewalk to the rear property line. Since I have a small three year-old boy, a dog, and another child on the way, the neccesity to fence in the yard, both to protect my family by providing a secure play area and to prevent my dog from ever becoming a nuisance, is very great. However, since more of my yard is on the side, a fence built in accordance with zon- ing standards would cause me to create a very small backyard. and one of my purposes for moving to Buffalo Grove to begin with was to be able to provide my family the large and secure backyard we had always wanted. To cause me to fence in a smaller area than I would desire, will greatly lessen the pleasure we have derived from moving to Buffalo Grove and will greatly lessen the usablity of our land. Please understand, I am in no way fencing in the front of the house, nor am I creating any barrier along the front which could obstruct a driver's line of vision, nor do I ever intend to change from a chain link fence to a wooden stockade fence or other type of totally private enclosure. A list of all neighbors who could be affected is enclosed, -2- I appreciate all your considerations, and I trust that this much needed variation will be granted. Very truly yours, Lenard Marcus LM: sve Enclosure • -2-134 o' V" ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE, ILL. TUESDAY, OCTOBER 17, ' 78 1 . CALL TO ORDER The Zoning Board of Appeals was called to order at 8:08 P.M. on Tuesday, October 17, 1978 by Chairman Richard Heinrich. 2 . ROLL CALL The Roll was called as follows : Present - Commissioners Hartstein, Quick, Kearns and Chairman Heinrich - QUORUM PRESENT. Also present - Ken Bates, ':Bldg. Dept . Absent - Commissioners Hefler and Schroeder 3. APPROVAL OF MINUTES Commissioner Quick made a motion to accept the minutes from the meeting of September 19, 1978 as submitted . The motion was seconded by Commissioner Hartstein. All agreed. 4. OLD BUSINESS a) ,821 Heatherdgwn Way, Zivola Mille Fence Ordinance 71-09, Section 2 (a) Mr. Mille was sworn in and asked to state his reasons for requesting a variation. He explained the need of a play area for his two small children and the only space available is to the side of his house . The back yard is a slope for drainage and the area is too small. He requested permission to brect the chain link fence 4 to 5 feet from the sidewalk. Commissioner Quick asked Mr. Bates what the distance was from the sidewalk to the street . Approximately 15' or it would be about 20 feet from the proposed fence . Ch. Heinrich agreed that many of the houses in Camelot have steep swales and must be terraced if they are to be used . Com. Quick asked about the distance to the intersection. It is about 41' - 15' from fence plus another 26'of parkway. Ch. Heinrich said it would be necessary to move the fence back another 5 feet to allow for the required 45' to street . Com. Quick described the neighbor' s house is located in back of Mr. Milic's in such a way that the proposed fence would be i• r v• in the neighbor' s front yard . The situation was further discussed and Com . Quick suggested angling the fence away from the neighbor's yard and to break up the appearance with low shrubbery. Mr. Mille agreed . Commissioner Hartstein made .the following motion: I move we grant a variation for 821 Heatherdown Way, Zivola Mille , to erect a fence as per Ord . 71-09, Section 2 (a) to be erected with the following limits : a) The southerly portion of said fence on the West-.side of the home can be no closer than 45' from the intersection, b) The Western boundary of said fence shall be a minimum of four (4) feet East of the sidewalk, c) At a point on the Western portion of said fence where an extention of the residence would intersect said line , the fence must be erected from that p-'int forward in a Northerly direction at a 45 degree anFle to the rear of the lot line . Hardship having been found for the health and safety of Mr. Mil ic' s children. The motion was seconded by Commissioner Kearns . Roll Call vote was taken and the Motion Passed, unanimously. w..! 5, NEW BUSINESS a) 530 - tlewood Lane, Michael T. Fuller Side Ya , Variation, Article X, Section 5.4-2 Mr. Fuller was worn in and asked to state - e reason he needs a variat .n. He explained tha . •ecause of the increasing size of h_ family he ne- : another:.bedroom. It is his desire to bui it ove - he sundeck and it would require a 1'6" varia It would be a hardship economically to purchase = e ouse . Ch. Heinrich asked - the supports . .uld be enclosed . Mr. Fuller said here would be 3 post which would be encroaching o he side yard. Com. Q asked if the neighbors had been co . ulted . Mr. ller said they had not . Mrs . Fuller said he p ople are seldom home and should have no objecti. •s. Zoning Board of Appeals Oet . 17, 1978 - Page Two. q, 74, ' :• e't ' • ,-1 r r=4 t