HomeMy WebLinkAboutZONING BOARD OF APPEALS - 03/27/1998 - 98-4 & 98-2 ELK GROVE VILLAGE
ZONING BOARD OF APPEALS
Meeting Minutes
March 27, 1998
Present: P. Kaplan
E. Hauser
T. Thompson
J. Oliveto
C. McClelland
Absent: R. Phillips
T. Rodgers
G. Schumm
Staff: A. Boffice, Director E&CD
J. Zaucha, Plan Reviewer
Zoning Variation - Docket 984 & Docket 98-2
Acting Chairman Paul Kaplan called the meeting to order at 7:00 p.m. and summarized the legal
notice for the hearing. Petitioner,Nora Gile was sworn in and asked to state her case.
Mrs. Gile explained that the presence of mature landscaping prevents the installation of a fence 10
feet in from the side property line. Mrs. Gile also explained that she and her husband were not aware
that a variation was required for the portion of fence which would connect beyond the rear comer of
the house. Mrs. Gile submitted a letter to the Board, given to her by the neighbor located south of the
subject property. The letter expressed no concern for the variation being granted.
Mr. Kaplan asked Mrs. Gile why a fence was needed. Mrs. Gile stated that they currently have a
young child and are expecting another in the future. Mrs. Gile explained that Biesterfield Road is a
busy street and that a fence was needed to keep her children from harms way. At Mr. Kaplan's
request, Mrs. Gile identified the location of trees on her plat of survey.
Mr. Hauser asked if the fence could be located on the inside of the landscaping. Mrs. Gile stated that
she was unaware of any problems or concern from the neighbors. Mr. Thompson asked if a public
notice sign had properly been installed on her property. Mrs. Gile responded, "no, nobody told us
that a sign was required". Mr. Boffice indicated to the Board and Mrs. Gile that in the directions of
the petitioners application, it is clearly indicated that a public notice sign is required to be in place for
10 days.
Mr. Thompson indicated to Mrs. Gile that comer lot properties in her neighborhood which currently
do have fences, appear to be all in compliance. Mrs. Gile responded that was because none of them
probably took the time to apply for a variance.
2
Mr. Oliveto asked when the house was purchased. Mrs. Gile stated 1.5 years ago. Mrs. Gile
indicated that she was unaware of the fence limitations at the time of purchase. Mrs. Gile indicated to
the Board that her and her husband would be willing to locate the fence 4 feet in from the side
property line and would consider lowering the height to 5 feet.
Mr. Zaucha informed the Board that an open chain-link fence would be permitted to be installed
within 3 feet of the side property line without needing a variance. Mr. Zaucha explained that an open
fence is one in which the surface area of the fence is comprised of a minimum 80%open air. Mrs.
Gile responded by indicating that it would force them to install either a chain-link fence or a wrought
iron fence, and that was not desirable. Mr. Hauser asked if Mrs. Gile would be agreeable to an open
fence. Mrs. Gile responded, no.
It was decided by the Board that due to the failure in posting a public notice sign,the meeting would
be adjourned and be continued to April 9, 1998 at 7:00 p.m. for further discussion and a vote.
Docket#98-2 (regarding a residence at 711 Penrith) was then revisited with explanation to the Board
by Mr. Kaplan. Mr. Kaplan explained that the Village Board found that stipulations previously set
forth in a motion by Mr. Tom Rodgers was unacceptable and that the motion needed to be amended.
After a brief discussion, Mrs. McClelland motioned to grant the variation with one stipulation of
posting a public notice sign for a period of 10 days. Mr. Thompson seconded the motion. A vote
took place and was unanimously in favor of granting the variation. The meeting was adjourned at
7:38 p.m.
Respectfully submitted Q
17mes S. Zaucha
Plan Reviewer
JSZ/pd
c: Chairman and Members Zoning Board of Appeals, President and Board of Trustees, Village
Manager, Assistant Village Manager, Assistant to the Village Manager, Administrative Intern,
Director of Engineering and Community Development, Director of Public Works, Fire Chief,
Deputy Fire Chief(2), Assistant Fire Chief, Chairman and Members Plan Commission