HomeMy WebLinkAboutZONING BOARD OF APPEALS - 07/19/2001 - 01-13/1835 MAINE DR ELK GROVE VILLAGE
Zoning Board of Appeals
Meeting Minutes
July 19, 2001
Present: R. Phillips
D. Childress
J. Oliveto
P. Kaplan
J. Franke
T. Walz
G. Schumm
Staff: J. Zaucha, Plan Reviewer
Zoning Variation: Docket#01-13 - 1835 MAINE DRIVE
Chairman Phillips called the meeting to order at 7:02 P.M. and summarized the legal notice
for the hearing. Mr. Rabe was sworn in and asked to state his case.
Mr. Rabe explained that due to drainage problems created by his neighbor's retaining wall
at the southwest corner of his property, he would like to utilize additional space along the
east side of the property. Mr. Rabe indicated that he would also like the fence to connect
with the house, north of two existing window wells.
Mr. Phillips advised the petitioner that the variation approved by the Village Board of
Trustees for his neighbor's fence, was not approved by the Zoning Board of Appeals.
Mr. Schumm asked if the proposed fence would match his neighbor's fence. Mr. Rabe
responded, yes. Mr. Schumm asked if the petitioner had spoken with any neighbors about
the proposed fence. Mr. Rabe indicated that he did speak with several neighbors, all of
which, do not have a problem with the proposal.
Mr. Childress commented that their appears to be no conflict with utilities or line-of-sight.
Mr. Walz stated that given the location of the neighbor's fence, constructing the petitioner's
fence further from the property line would look like garbage. Mr. Walz stated it is frustrating
that having previously voted against approving the neighbor's variance request and then
being overturned by the Village Board, that the Zoning Board is now faced with this current
request. Mr. Walz indicated that if it were not for the neighbor's fence variance having
previously been approved, he would not be in favor of granting the current request. Mr.
Walz also indicated that he believes the location of both fences creates a hazard to
bicyclists.
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Mr. Oliveto asked if the proposed fence on the west side of the property would match the
east side. Mr. Rabe responded, yes. Mr. Oliveto asked if on the west side of the property,
the petitioner will connect his fence with his neighbors. Mr. Rabe indicated that he is
unsure what he will do. Mr. Oliveto pointed out that the neighbor's fence to the south is
taller than 4 feet. Mr. Oliveto asked if the petitioner will match the height of the neighbor's
fence. Mr. Rabe responded, yes.
Mr. Phillips indicated that the variance request should be amended from requesting a 4
foot tall fence, to requesting a 6 foot tall fence. The Zoning Board and the petitioner
agreed.
Mr. Franke stated that he could see moving the fence closer to the side lot line, but not 21
feet north of the houses' rear corner. Mr. Phillips suggested reducing the variance request
from 21 feet, to 10 feet. The Zoning Board and the petitioner agreed.
A motion was made by Mr. Walz to approve the amended variance request. The motion
was seconded by Mr. Oliveto.
A vote was taken which was unanimously in favor of granting the amended variance
request. The amended variance request permits the installation of a maximum 6 foot tall
fence, which will be located within three feet from the east property line, to match the
existing fence located at 1820 Bangor Lane, and to encroach 10 feet north of the houses'
rear corner.
The petitioner was advised to contact the Village Clerk's office to confirm when they would
be on the next Village Board agenda. The meeting was adjourned at 7:30 P.M.
Respectfully submitted,
James S. Zaucha
Plan Reviewer
C: Chairman and Members Zoning Board of Appeals, Mayor and Board of Trustees,
Village Attorney, 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