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'
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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
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' _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.
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STATE OF ILLINOIS JN (l SS STATE OF ILLINOIS ) SS
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' 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
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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
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Qiove;fC
R HEM1g1CH --'-
_Chairman
onia9 Board of APpeys
Herald Sem 30,1
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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
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-2-134
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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.
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