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HomeMy WebLinkAboutZONING BOARD OF APPEALS - 11/03/1999 - 99-13 ELK GROVE VILLAGE Zoning Board of Appeals Meeting Minutes November 3, 1999 Present : R. Phillips, Chrm. P. Kaplan R. Penley E. Hauser J. Oliveto T. Rodgers G. Schumm J. Franke J. Walz Staff: J. Zaucha, Plan Reviewer Zoning Variation — Docket #99-13 Chairman Phillips called the meeting to order at 7: 00 P.M. and summarized the legal notice for the hearing. Petitioners, Mr. & Mrs. Mitchell Gora were sworn in and asked by Mr. Phillips to state their case. Mr. Gora stated that the fence is needed because of the tremendous volume of traffic flow at the corner of Beisner Road and Bristol Lane. Mr. Gora explained that the amount of traffic poses a safety concern for his children and young relatives who congregate at their residence. Mr. Gora stated that the proposed fence would increase the level of safety for children playing outside and still provide six (6) feet of green space between the fence and the sidewalk. Mr. Gora explained that the room addition is needed to provide increased space for his family, which may possibly include his wife's elderly parents moving in. Mr. Franke asked if the fence needed to extend to the front of the house to allow room for his kids to play. Mr. Gora responded, yes. Mr. Franke asked if the metal fence at the rear of the property belongs to Alexian Brothers. Mr. Gora responded, yes. Mr. Schumm asked Mr. Gora if he was aware that if the fence were to extend into Alexian Brother's property, he would essentially be giving that portion of the fence to Alexian Brothers and have no claims to ownership. Mr. Gora acknowledged his understanding that the fence would belong to Alexian Brothers. Page 2 Mr. Hauser pointed out that the petitioner was creating his own hardship, by taking up yard space with the proposed room addition. Mr. Gora responded by indicating that the yard needing to be fenced in would be too small, even without the addition. Mr. Rodgers asked if Alexian Brothers has an easement along the subject lot line. Mr. Gora did not know. Mr. Zaucha indicated that it could be determined by examining the plat of subdivision. Mr. Kaplan asked if the purpose of the fence variation was for safety reasons. Mr. Gora responded, yes. Mr. Kaplan asked how long the petitioners have resided at that address. Mr. Gora responded, eight years. Mr. Kaplan asked if the existing fence had always been there. Mr. Gora responded, yes. Mr. Kaplan asked if a deck would ever be constructed in the future. Mr. Gora responded, probably sometime. Mr. Oliveto asked if the petitioner thought the fence would look bad from the front corner. Mr. Gora responded, no. Mr. Oliveto asked if there have been any hazardous occurrences at that corner in the past. Mr. Gora informed the Board of several instances where vehicles have driven onto his property or have hit the guardrail at the intersection. Mr. Phillips commented that he feels there is no safety factor causing a hardship regarding the fence, and that he has no problem with the proposed room addition. Mr. Phillips asked Mr. Zaucha if a variation would be needed in the event that a future patio was to be installed. Mr. Zaucha indicated that zoning setback requirements would not apply to a concrete patio installed at grade level . The setback requirements would however apply to a wood deck if it were to be constructed. Mr. Phillips asked the public if there were any questions or comments. The public had no response. At 7:28 P.M. , Mr. Franke motioned to approve the rear yard encroachment of the proposed room addition. Mr. Hauser seconded the motion. Mr. Penley then motioned to deny the proposed fence variation. Mr. Schumm seconded Mr. Penley's motion. A vote was taken on the first motion to approve the room addition. The vote was unanimously in favor of approving the variance. Page 3 A vote was then taken on the second motion to deny the fence variation. The vote was unanimously in favor of denying the variance request. The petitioners were advised to contact the Village Clerk's office to confirm that they would be on the next Village Board's agenda. The meeting was adjourned at 7:35 P.M. 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