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HomeMy WebLinkAboutZONING BOARD OF APPEALS - 03/13/2025 - Docket # 25-2, 699 Chelmsford LaneELK GROVE VILLAGE Zoning Board of Appeals Meeting Minutes March 13, 2025 Present: Ryan Bookler Donald Childress, Chairman Scott Fowler Suyapa Gracia Jacob Glimco Donato Latrofa Steve Rawleigh Robert Serrano Gary Spragg Absent: None Staff: K. Hinkle, Senior Plan Reviewer, Community Development Zoning Variation — Docket #25-2, 699 Chelmsford Lane Chairman Childress called the meeting to order at 7:18 p.m. and read a statement describing the hearing notification procedure as well as the legal notice. Section 3-3-B: (2) prohibits fences from being constructed beyond a line extended from the nearest front corner of the principal building located on an adjacent single-family residential lot. The petitioner is requesting to install a six (6') feet high fence which will extend approximately twenty-six (26') feet beyond the nearest front corner of the principal structure on the adjacent single-family residential lot, to the east at 248 Shelley Road. The fence will follow the south lot line along the radius of Shelley Road and be constructed approximately four (4') feet from the lot line. The petitioner, Ivan Reinoso (Owner of Record) was sworn in and asked to state his case for requesting a zoning variation. The petitioner stated he wanted to amend his previously approved variance to increase the safety for his children and plant a garden. The petitioner highlighted that a vehicular accident occurred near corner of Shelly Road and Chelmsford Lane in December 2024. Chairman Childress opened the meeting to questions from the board. Member Fowler and Spragg asked the petitioner what the difference was between the original approved variance and the new request and did any other areas of the fence change. The petitioner stated that the extension was five (5') feet more towards Shelley Road and had no other changes. Member Glimco asked the petitioner if he had spoken to the neighbor since the last variance hearing. The petitioner stated that he had not spoken to the neighbor. Member Bookler asked the petitioner what his new hardship was. The petitioner stated that he wanted to plant a garden in the extra area for his children. Members Garcia, Latrofa, Rawleigh and Serrano had no questions. Chairman Childress stated that on August 27th, 2024, ZBA Docket 24-5, that a motion was made to DO GRANT a variance to permit the installation of the fence which will extend approximately nineteen (19') feet beyond the nearest front corner of the principal structure on the adjacent single-family residential lot to the east at 248 Shelley Road was recommended for approval. Chairman Childress stated that no utilities or drainage issues appear to conflict with the fence placement. The Community Development Department stated they had received four (4) phone calls regarding general questions, no emails and had spoken with Michael Gazda, 248 Shelley Road, on the phone. Chairman Childress asked if there were any additional comments or questions from the Members or the public. Michael Gazda, 248 Shelley Road, stated that he objects to the new proposed fence location. Michael stated that the new location would diminish the view towards Chelmsford Lane due to its being a tight curve and further reduce the ability to see traffic, bicycles, delivery trucks and other movements. Michael stated that the other neighbors are concerned with the amount of pedestrian traffic going to Marshall Park, south of Chelmsford Lane, and said that the frequent delivery trucks in the area, restrict visibility of cars, bicycles and pedestrians approaching Chelmsford Lane. Member Latrofa asked Michael Gazda if he was present at the last hearing and if he was in favor at that time. Michael Gazda stated he was present and in favor of the prior variance proposed. Joseph Neapolian, 222 Shelley Road, stated he agrees with Michael Gazda. Bill Hlavin, 299 Shelley Road, stated he agrees with the observations of Michael Gazda. Members had no additional questions. Chairman Childress called for the motion. A motion to DO NOT GRANT a variation to permit the installation of the fence which will extend approximately twenty-six (26') feet beyond the nearest front corner of the principal structure on the adjacent single-family residential lot to the east at 248 Shelley Road, and follow the south lot line along the radius of Shelley Road and be constructed approximately four (4') feet from the lot line: The motion was made by Member Bookler and seconded by Member Garcia. Upon voting (AYES — Bookler, Childress, Fowler, Garcia, Glimco, Latrofa, Rawleigh, Serrano and Spragg) (NAYES- None) (ABSENT— None) The motion carried. Chairman Childress advised the petitioners to contact the Village Clerk and be available for the subsequent Village Board Meeting on March 25, 2025. Chairman Childress called for a motion to adjourn. The motion to adjourn was made by Member Rawleigh which was seconded by Member Latrofa. The motion carried. The meeting adjourned at 8:03 p.m. Respectfully submitted, Kenneth Hinkle, MCP, CBO Senior Plan Reviewer, Community Development 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