HomeMy WebLinkAboutZBA Docket # - 22-3 - Rafal Zalewski - 945 Wilshire Avenue - ShedELK GROVE VILLAGE
Zoning Board of Appeals
Meeting Minutes
February 10, 2022
Present:
Donald Childress, Chairman
Ryan Bookler
Tony Damptz Jr.
Jacob Glimco
Donato Latrofa
Steve Rawleigh
Robert Serrano
Gary Spragg
Absent: Rich Romanski
Staff: B. Kozor, Plan Reviewer/Inspection Supervisor, Community Development
Zoning Variation – Docket #22-3 945 Wilshire Avenue
Chairman Childress called the meeting to order at 8:41 p.m. and read a statement describing the hearing
notification procedure as well as the legal notice.
Section 3-7: D (6) prohibits sheds in excess of one hundred and fifty (150) square feet in area. The
petitioner is requesting to install a three hundred (300) square foot shed containing one hundred (100)
square feet of enclosed area and two hundred (200) square feet of partially enclosed area that will remain
open on two (2) sides.
The petitioner, Rafal Zalewski (Owner of Record), was sworn in and asked to state his case for requesting
a zoning variation.
The petitioner’s hardship is he wanted to build a shed for his three (3) children’s items and storage for
yard items. The shed was constructed without obtaining an approved permit and the petitioner
indicated he was not aware that a permit was required. The newly constructed shed will replace an old
shed on the property.
Member Bookler asked the petitioner what his construction experience is and if he ever needed to
receive a permit before. He stated that there does not appear to be a hardship.
The petitioner stated that he is a carpenter and welder and has never needed a permit in his experience.
Member Glimco asked staff what the history was for the shed installation.
Staff member Kozor responded that there were two neighbor concerns received through Elk Grove’s
service request system, and a building inspector verified what was installed. It was determined that the
shed did not have a permit. Once the petitioner applied for a permit, it was determined that the shed
exceeded the standards of the Zoning Code and a variance would be required to permit the structure to
remain as constructed.
Chairman Childress stated that there have been variance requests presented in the past for non-
compliant work that was started without an approved permit.
Member Damptz Jr. stated the submitted documentation for the proposed use of the shed does not
mention storage of a boat.
The petitioner stated that his friend’s boat was parked at his house for a few days when they go fishing.
Member Damptz Jr. stated that the boat has been parked on grass on the side of the house according to
Google Maps since 2018 and now it is located in the shed. He stated that it appears that the structure
was built specifically for the boat, and he could not tell if the shed had a floor.
Chairman Childress stated that boats are required to be parked on approved hard surfaces.
The petitioner stated that the shed has a dirt floor under the enclosed area.
Member Spragg stated that since there was no permit submitted, it is too big, and there are neighbor
concerns that his suggestion would be to provide a compliant shed design.
The petitioner stated that he spoke to his three (3) neighbors (the neighbors on either side and behind)
and none of them have an issue with the shed.
Chairman Childress read comments that staff received regarding this variance:
Staff received a phone call on January 31,2022 from a resident who wished to remain
anonymous. They sent in the following letter.
Thank you for sending over the information on the neighbor's shed. We would appreciate your
reading our comments anonymously regarding the variance request
From a Concerned Resident,
We have received the notice about a public hearing on February 10, 2022 regarding a petition
from Rafal Zalewski for a variation to build a 300 foot shed on his property. We will not be
attending this meeting but would appreciate our concern be shared with the zoning board.
Being 42 year residents of Elk Grove Village, we know that there are rules In place that residents
are supposed to follow regarding sheds. When we wanted to build a shed many years ago, we
first went to the village to find out what size would be allowed and any necessary requirements
by the village. We submitted a permit with a plot of survey location of where the shed would be
installed. The location was denied due to setback requirements. We were then told where we
would be allowed to install the shed and we installed according to regulations.
The building of the shed at 945 Wilshire actually began early last fall of 2021. We noticed that
there was no permit and so we notified the village. By the time the building of the shed stopped,
the majority of the shed was already built. The shed is very large – almost looks like another
house. The issue we have with the notice is that they are asking for a variance after the shed has
already been built. According to regulations, you ask for a variance before you build the shed.
Does this set a precedence for the rest of the neighbors by allowing this to remain standing?
Then what is the purpose of acquiring a permit if you can go ahead and build and hope that
nobody notices. How does the village know that this building has been anchored properly and is
structurally sound? We feel the notice that went out is deceiving in that it states they are asking
for a variance to build when in effect it is already built.
Sincerely.
Concerned Residents
Staff received this email from a resident that wished to remain anonymous on February 2, 2022.
As a life long concerned citizen of Elk Grove I would like to remain anonymous, but voice my
concern regarding the "shed" that was built without a permit. It is indeed an eyesore and if I
were a surrounding neighbor with a view of that backyard trying to sell my home I believe it
would greatly lower my property value. Who wants to look out their back yard and see that
every morning. This resident took it upon himself to ask for forgiveness and a Variance rather
than abide by the regulations of the village and ask for permission via permit prior to building
this pole barn. If he lacks space he would have been better off building an addition out back
that increased the value of his home and increased space instead of trying to circumvent the
system costing his neighbors home values to decrease.
I had a neighbor friend that told me that the village made him pick up the bricks he had put on
the side of his driveway as a mini extension, you could not even barley tell it was there, yet it
was against regulations and therefore had to be removed.
I sure hope the village does the right thing here, this is way bigger than a few bricks.
No members of the public had any comment.
Chairman Childress called for the motion.
A Motion to DO NOT GRANT a variation to Section 3-7: D (6) of the Elk Grove Village Zoning code to install
a three hundred (300) square foot shed containing one hundred (100) square feet of enclosed area and
two hundred (200) square feet of partially enclosed area that will remain open on two (2) sides was made
by Member Bookler and seconded by Member Latrofa.
Upon voting (AYES – Bookler, Damptz Jr., Glimco, Latrofa, Rawleigh, Serrano, and Spragg) (NAYES –
None) (ABSENT – Romanski)
The motion to DO NOT GRANT carried.
Mr. Childress advised the petitioners to contact the Village Clerk and be available for the subsequent
Village Board Meeting on February 22, 2022.
Mr. Childress called for a motion to adjourn.
This Motion to adjourn was made by Member Bookler which was seconded by Member Damptz Jr.
The motion carried.
The meeting adjourned at 9:04 p.m.
Respectfully submitted,
Bryan Kozor
Plan Reviewer / Inspection Supervisor Community Development Department
C: Chairman and Members Zoning Boards of Appeals, Mayor and Board of Trustees, Village Clerk,
Village Attorney, Village Manager, Deputy Village Manager, Assistant Village Manager, Director
of Community Development, Director of Public Works, Fire Chief, Deputy Fire Chief (2),
Inspectional Services Supervisor, Chairman, and Members of Plan Commission