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HomeMy WebLinkAboutZONING BOARD OF APPEALS - 10/14/1999 - 99-12 eo 2nE'C7FD C°p y �ai� y9 ELK GROVE VILLAGE Zoning Board of Appeals Meeting Minutes October 14, 1999 Present: R. Phillips, Chrm. P. Kaplan R. Penley E. Hauser T. Rodgers RecE/V G. Schumm 60 J. Franke ocT 187989 J. Walz Staff: J. Zaucha, Plan Reviewer /lAGE�t Zoning Variation - Docket #99-12 Chairman Phillips called the meeting to order at 7: 00 P.M. and summarized the legal notice for the hearing. Petitioner, Mr. Thomas Markes was sworn in and asked by Mr. Phillips to state his case. Mr. Markes explained that he would like to install the proposed fence 12 feet north of the houses, rear corner, in order to enclose a window which is located at that corner. Mr. Markes indicated that this would provide greater privacy for a family room that is located in that portion of the house. Mr. Markes also indicated that the fence would help reduce noise generated by vehicular traffic at the intersection. Mr. Jeffrey asked if the intersection was a 4-way stop. Mr. Markes replied, yes. Mr. Jeffrey asked if the proposed fence would extend up to the existing split rail fence. Mr. Markes responded, no. Mr. Penley voiced his concern for line-of-sight problems that the fence may cause at the intersection. Mr. Markes responded by indicating the fence would be approximately 60 feet from the intersection and would not obstruct vision at the intersection. Mr. Schumm pointed out that the petitioner had not identified any specific hardships which could justify a variance. Mr. Markes indicated that noise generated by traffic is a hardship. Mr. Markes explained that he felt noise would be more effectively blocked if the fence were located farther away from the house. Mr. Kaplan asked if the petitioner would be willing to compromise by moving the fence closer to the house. Mr. Markes responded, possibly two or three feet. Page 2 Mr. Kaplan asked how long the petitioner has lived at 299 Laurel . Mr. Markes responded, since July. Mr. Walz commented that he has no problem with the fence being located 12 feet from the houses' rear corner, but feels the side yard encroachment creates a safety problem with line-of-sight at the intersection. Mr. Phillips then read a letter from a resident living at 574 Oak Street which indicated they felt there would be no problems with line-of-sight. Mr. Zaucha advised the Board that line-of-sight concerns at the intersection were not an issue. Mr. Zaucha explained that the intent of maintaining the side yard setback is to preserve a sense of openness to the neighborhood. Mr. Zaucha pointed out to the Board that if the intersection in question involved a major arterial street; the petitioner would be permitted to connect the fence to the front corner of the house. Mr. Zaucha also referred the Board to Section 3-6:A of the Zoning Ordinance which specifically sets forth the requirements for line-of-sight at intersections and driveways. Mr. Zaucha indicated the proposed fence location would be in full compliance with Village line-of- sight requirements and that it should not be an issue in this instance. In response to Mr. Zaucha's remarks, the Zoning Board had no questions or comments. At 7:27 P.M. , Mr. Kaplan motioned to approve the fence being connected 12 feet from the houses' rear corner and to not approve the request for the 7-foot side yard encroachment. Mr. Walz seconded the motion. A vote took place which was 4 to 3 in favor of granting the variance. The meeting was adjourned at 7:30 P.M. Breakdown of the vote is as follows: Jeffrey Frank Yes Edward Hauser No Paul Kaplan Yes Richard Penley No Thomas Rodgers No Gilbert Schumm Yes John Walz Yes Robert Phillips Did Not Vote Page 3 Respectfully submitted, 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 Elk Village President Village Trustees �o`� CRAIG B. JOHNSON NANCY J. CZARNIK BART K. DILL Grove � _ Village Clerk PATTEN L PEICHTER ANN I. WALSH SAMUEL L. LISSNER JAMES P. PETRI Village Village Manager CHRIS PROCHNO GARY E. PARRIN November 1, 1999 Mr. Robert Phillips Chairman, Zoning Board of Appeals 278 Victoria Lane Elk Grove Village, IL 60007 Re: Docket 99-12 Dear Mr. Phillips: Please be advised that the Board of Trustees considered the above-referenced matter on October 26, 1999 after the regularly scheduled Village Board Meeting. After reviewing the minutes of your meeting and the finding as presented to the President and Board of Trustees there was some confusion on the part of the Board as to whether the vote would have been different had the Petitioner agreed to relocate the solid fence closer to their house as opposed to being located three (3) feet from the side property line along Ridge Avenue. The Petitioner's advised the Board of their willingness to move the fence several feet but were unsure as to whether this relocation was considered by the Zoning Board of Appeals. The President and Board has asked the Zoning Board of Appeals, on remand for clarification purposes, whether there still would be a denial of variation of number I given the amended change in location. The Village Attorney has advised that the clarification can be made without the necessity of republication and can be done informally by the Zoning Board of Appeals at its regularly scheduled meeting on November 3, 1999. If such short notice is unacceptable to you, you may, in the alternative, set this matter for consideration at some other date which is more convenient. By a copy of this letter, Mr. Markes and Ms. Flanagan will be advised of the potential reconsideration. Thank you for your consideration of this matter. Sincerely, Renie Walsh Village Clerk AN ILLINOIS 901 WELLINGTON AVENUE ELK GROVE VILLAGE, ILLINOIS 60007-3499 TELEPHONE (847) 439-3900 • FAX (847) 357-4044 TDD (847) 357-4088 www.elkgrove.org