1983-11-15 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS
VILLAGE OF BUFFALO GROVE , ILLINOIS
TUES DAY., NOV. 15 , 1983
I . CALL TO ORDER
Chairman Richard Heinrich called the meeting to order at 8:07 P.M. on Tuesday,
Nov. 15, 1983 at the Village Hall .
II . ROLL CALL
Commissioners Present: H . Hefler, D. Stolman , S . Mathias , R. Heinrich. QUORUM
J . Quick - arrived at 8 :15 P.M.
Commissioners Absent: M. Kearns and M. Perlman
Building Department Liaison: Mr. Ray Henning , Housing and Zoning Inspector
Village Attorney: Mr. William Raysa
Village Board Liaison : Mr. John Marienthal , Trustee
III . APPROVAL OF MINUTES
Oct. 18, 1983 minutes were deferred because Commissioners who attended are
not present.
IV. BUSINESS
A. 414 Lamont Terrace - Ms. Gail Gradman Minark
Fence Code - Section 15. 36.040 - Height
The Public Hearing Notice was read . Ms . Gail Minark and Mr. Earl Ross of
the Tru-Link Fence Co. , 1132 Lunt Ave. , Chicago were sworn in .
Mr. Minark summarized her need for a 8 inch variation of the Fence Ordinance.
She lives alone and has two large dogs that are trained to attack. Neighbors
on both sides have small babies . The dogs could scale a 5 foot fence. One
of the neighbors also has a dog. Ms . Minark' s dogs will bark without ceas-
ing if they see a dog , or children , etc. Therefore she needs a stockade type
fence - cedar board on board. Her lot is unique because there is an 18"
slope on both side of the yard. The fence will not appear to be high because
of the slope and people can easily see over it.
Mr. Ross presented photographs of the two side yards showing the grade changes .
Ms. Minark said she has spoken to all the neighbors and none object. Her lot
backs up to the Levitt Home Sub-division , Ronnie Drive. There is an empty
field. She said the dogs are Yellow Labs .
Questions from Commissioners :
Com. Mathias - None
Com. Stolman asked Ms. Minark if she had the dogs when she moved into the
House. She did and did not know about the fence restrictions until she went
to Tru-Link to order the fence , and they came in for a permit.
Com. Hefler asked Mr. Ross why he was unaware of the Village Fence Code.
Mr. Ross said that he is new to the area. Some of the other sales represen-
tatives may know the restrictions. He did not.
Com. Hefler felt it was important to ascertain whether the petitioner was
aware of the ordinances when she purchased her home.
Ms. Minark responded that she has always lived in the country where there
are no fence codes to be complied with. She had no idea there were rules.
Com. Hefler stated that he felt it is important to look to the future of the
Village and the sub-division. In time, there could be many 6 foot fences
and it would be difficult to control variations. Restrictions, such as:
the fence can remain as long as the property is owned or as long as the dog
is owned - cannot be included. It is a fact that this would affect three
other lots directly and this must be considered.
Com. Quick arrived at 8:15 P.M. and said he had been out to see the property.
He commented that there are no other fences in the area and noted that B. G.
has tried to keep an open area as much as possible.
Ch. Heinrich agreed that it is best not to start a trend of stockade fences.
Com. Quick questioned the desirability of having attack dogs. Ms. Minark
said that they were trained to attack only upon her command. She keeps them
in the house at all times when she is not at home. They would not attack,
but would bark at anything he can see. If they can jump up and see over the
fence, they would bark. But with the slope of the property and the 5' 8"
fence they would not be able to see out.
Mr. Henning noted that a neighbor had called and said he would appear at this
hearing to support Ms. Minard's request. He is also interested in a 6' fence.
Mr. Ross again described the bad slope of the rear yard, and asked why there
is a limitation. The fence would actually appear much lower than 5' 8".
Ch. Heinrich stated that the ordinance requires that a hardship relative to
Health, Safety and Welfare of the residents of B. G. and the petitioner.
He agreed that the situation is unusual because United Development usually
filled in lots like this. It was determined that the fence will be about 1"
above the grade so the height will actually be 5 ft. 9 inches.
Com. Stolman made the following motion:
I make a motion that we approve the variation
requested on behalf of Gail Gradman Minark,
the petitioner, for a variation of the Fence
Code Section 15.36.040. Fence being 5'9" above
grade. A very unique situation is caused by slopes.
Pursuant to the unique and abnormal gradation of
the property; and for the safety of the neighbors,
said fence variation (of that height) would not
be detrimental to the health, safety and welfare
of the community.
Com. Mathias seconded the motion. Roll Call Vote: Aye - Hefler
Stolman
Mathias
Quick
Heinrich
Motion Passed 5 to 0. Nay - None
Findings of Fact Attached. Permit may be issued after 15 days.
ZONING BOARD OF APPEALS
Nov. 15, 1982 - Page Two
V. ANNOUNCEMENTS
Com. Mathias said he had attended a seminar in Arlington Heights and found it to
be very informative.
Ch. Heinrich announced that the Village Board had upheld the ZBA ruling to deny
the Marcus fence at 821 Heatherdown Way. He commended Mr. Marienthal for the
way he presented the situation. It was "admirably handled."
VI. . ADJOURNMENT
Com. Hefler made a motion to adjourn. Com. Mathias seconded the motion.
The meeting was adjourned at 8:37 P.M.
Respectfully submitted,
,Xf2
Shirley Bat , Secretary
Zoning Board of Appeals
ZONING BOARD OF APPEALS
sb Nov. 15, 1983 - Page Three
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a. •
ZONING BOARD OF APPEALS
VILLAGE OF BUFFALO GROVE, IL.
FINDINGS OF FACT ON A FENCE VARIATION
I. The Subject Property
A. Petitioner: Ms. Gail Gradman Minark
B. Property: 414 Lamont Terrace, Buffalo Grove, IL
C. Legal Description: As set forth in Exhibit "A" and attached hereto
and made a part hereof.
D. Lot Size: 65.00' x 110.77' - rectangular
1. Characteristics of Lot : Rectangular shaped
2. Characteristics of House: Single Family
3. Anything distinguishing about house and lot: Side yards slope
down about 18".
II. CHARACTERISTICS OF THE SURROUNDING AREA:
A. Location: Residential , abutting vacant Levitt Homes. property
B. Similar Houses and Lots: Yes, Suffield Subdivision, United Dev.
C. Similar Variations: None in this sub-division.
D. Public Rights of Way: Lamont Terrace, Public parkways and sidewalk.
E. Adjacent Lots:
1.. Line of Sight: 3 Lots, 412 Lamont Ter. and 416 Lamont Ter.
Levitt property at 413 and 417 Ronnie Drive
III. VARIATION SOUGHT:
A. Section 15.36.040 of the Buffalo Grove Municipal
Code.
B. Description of Variation: Request for a fence 5' 9" above grade.
Board on Board Construction.
C. Exhibits Depicting Variation:
1. Survey: Exhibit "A" attached hereto and made a part hereof.
2. Letter: Exhibit "C" - Owner needs fence to confine dogs.
3. Photographs: Exhibits - D 1 and D 2.
D. Variation Power and Criteria; Sec. 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
of Appeals held a public hearing on the proposed variation on Nov. 15, 1983
at the Buffalo Grove Village Hall .
B. The applicant (s) Ms. Gail Gradman Minark testified at the hearing
and presented documentary evidence.
There were no other (er1epe•www+ individuals present to testify
on behalf of the applicant.
No objections have been filed to the proposed variation.
obitasisisaminerisermassiosomfaxn he
n.
V. FINDINGS:
A. The Zoning Board of Appeals recommends that the applicant be Granted.
Specifically, the Board Grants •e +-Bergs the variation that
would permit the applicant to: Construct a stockade fence - 5 ft. 9 inches high
B. Applicants testified at the hearing and in their letter of Oct. 5, 1983
reasons for the requested variation were; Security of homeowner and safety
of neighbors. Dogs trained to
C. The Zoning Board of Appeals finds that: attack on command of owner.
A very unique situation exists because of the degree of slope in side yards.
VI. CONCLUSION: Accordingly, by a vote of 5 to 0 the Buffalo
Grove Zoning Board of Appeals hereby grants 9F4lerries the variation.
Dated Nov. 15, 1983
VILLAGE OF BUFFALO GROVE, ILLINOIS
THE ZONING BOARD OF APPEALS
Richard Heinrich, Chairman
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