HomeMy WebLinkAboutZONING BOARD OF APPEALS - 07/14/1999 - 99-5 ELK GROVE VILLAGE
Zoning Board of Appeals
Meeting Minutes
July, 14, 1999
Present: R. Phillips
P. Kaplan
J. Oliveto
E. Hauser
J. Franke
T. Rodgers AUC /v4
J. Walz g 19gy
Staff: J. Zaucha, Plan Reviewer ECieR4, OFf��F
Zoning Variation - Docket #99-5
Chairman Phillips called the meeting to order at 7: 04 p.m. and
summarized the legal notice for the hearing. Petitioner, Mr. Terry
DeBartolo was sworn in and asked to state his case.
Mr. DeBartolo indicated there are two reasons why he would like the
fence to remain in place. The first reason is that the fence helps
blend in the landscape berm with the surrounding property and that
the fence helps create an aesthetically pleasing entrance to the
cul-de-sac. Mr. DeBartolo indicated that the second reason is that
kids like to cut across his property at that corner and the fence
would prevent that from occurring.
Mr. Phillips asked if there was any reason he did not first obtain
a permit before installing the fence. Mr. DeBartolo responded, no,
he did not think he needed a permit. Mr. DeBartolo also indicated
that there used to be a similar fence in that location which he
previously removed to plant bushes and that these types of fences
are found throughout the Village. Mr. DeBartolo further explained
that the bushes he planted did not survive because of the
application of salt by salt trucks.
Mr. Rodgers asked when the fence was installed in relation to
construction of the berm. Mr. DeBartolo responded that the fence
was installed around the same time. Mr. Phillips asked if Mr.
DeBartolo consulted with the Engineering Department about
installing the fence. Mr. DeBartolo responded, no. Mr. DeBartolo
explained that during the planning stage of the cul-de-sac, he had
expressed his desire to the Village Board that he wished to make
improvements to that portion of his property. Mr. DeBartolo
indicated that the corner is highly visible and that he did not try
to pull the wool over anybody's eyes.
Page 2
Mr. Walz asked who from the Village did he speak with. Mr.
DeBartolo responded, the Village Board. There were however no
discussions about a fence. Mr. Kaplan asked how kids cut across
his property. Mr. DeBartolo explained that the kids like to cut
the corner as a shortcut. Mr. Kaplan asked how old was the
previous fence. Mr. DeBartolo responded, about 25 years old. The
fence was there when he purchased the house.
Mr. Phillips asked if the public had any comments. Mr. Richard
Koziatek (65 Lonsdale Rd. ) , told the Board that the fence looks
nice, goes well with the planning of the cul-de-sac and is pleased
with it. Mr. Uwe Dannhauer (12 Lonsdale Rd. ) , said the fence looks
nice and that he has observed children cutting across Mr.
DeBartolo's property. Mr. Phillips then read a letter submitted by
Mrs. Barb Pruyn (36 Grange Rd. ) . The letter read, " Against fence,
says look like Berlin Wall . Cannot attend meeting" .
Mr. Phillips asked if the Engineering Department had any comments.
Mr. Zaucha indicated for the record that Mr. DeBartolo is a local
contractor who is well aware of what does and doesn' t require a
permit. Mr. Zaucha further explained that after finding out about
the fence, the director of E/CD, Al Boffice directed Mr. DeBartolo
to apply for a variance. After a substantial period of time
without having received a response, Mr. Zaucha stated that a
citation was finally issued on June 4"' for performing the fence
installation without a permit. Mr. DeBartolo responded, by stating
that it was only about 10 to 14 days from the time he was directed
to apply for a variance and the time a citation was issued. Mr.
DeBartolo indicated that he felt that does not constitute a
significant period of time.
Mr. Hauser asked Mr. Zaucha if Al Boffice was at any of the Board
meetings for discussion regarding the cul-de-sac. Mr. Zaucha
indicated that Mr. Boffice regularly attends Village Board
meetings. Mr. Hauser asked Mr. Zaucha why the Building Department
didn' t perform research to determine whether or not the previously
existing fence had a variation or a permit. Mr. DeBartolo answered
for Mr. Zaucha by stating that the fence was existing when he
purchased the house, but that he removed the fence approximately 18
years ago. Mr_ Hauser had not further questions.
Page 3
At 7:26 Mr. Oliveto motioned to grant the variation which was
seconded by Mr. Hauser. A vote ws taken which was unanimously in
favor of granting the variation. The meeting was adjourned at 7:30
p.m.
Respectfully submitted
V
)James S. Zaucha
Plan Reviewer
C: Chairman and Members Zoning Board of Appeals, President and
Board of Trustees, Village Clerk, 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 of Plan Commission