HomeMy WebLinkAboutZONING BOARD OF APPEALS - 07/22/2004 - 04-9/1558 IDAHO PL �J
ELK GROVE VILLAGE
Zoning Board of Appeals
Meeting Minutes
July 22, 2004
Present: P. Kaplan, Chairman
A. Kreutzer
J. Franke
T. Rodgers V
R. Penley
J. Oliveto
J. Walz �Qr
G. Shumm
Staff: V. Zaric, Plan Reviewer, Community Development
Zoning Variation — Docket #04-9 — 1558 Idaho Place
Chairman Kaplan called the meeting to order at 7:00 P.M. and read the
legal notice. The petitioner, Robert Stevens was sworn in and asked to
present the case.
Mr. Stevens said that the old deck was built approximately 15 years ago.
They could not go further back with the deck because of an existing apple
tree. The tree was planted when the house was built, approximately 25
years ago. Since it keeps the temperature in the kitchen down on the hot
days, the petitioner wants to keep the tree.
Since they could not expand the deck toward the back of the house, they
expanded it toward the side property line.
Mr. Shumm asked the petitioner tc identify the hardship and added that the
existing tree is not an acceptable hardship.
The petitioner stated that he was trying to utilize the yard. There are steep
drops at each side of the house. With that lot elevation and the tree at the
back, there is not much space to build a deck.
Mr. Oliveto asked if the petitioner received waivers from all utility
companies, since the addition was built on the easement.
Mr. Stevens said that they received waivers from 3 out of 4 utility
companies. He has been communicating with the ComEd regarding their
waiver.
Mr. Oliveto also asked if the deck would create any drainage problems.
The petitioner explained that the deck is above the ground for couple of
feet and that it would not create any drainage problems.
Mr. Walz asked if the neighbor is affected by the deck being so close to the
property line.
The petitioner explained that there is plenty of space between the
neighbor's house and his deck.
Mr. Walz asked Mrs. Zaric if the existing footings were in the required side
yard.
Mrs. Zaric looked at the drawing that the petitioner presented. She
answered that one of the footings was within the required 6 foot side yard.
Ms. Kreutzer asked if the petitioner talked to the neighbors about the deck
and if there are any options to change the deck to meet the Zoning
Ordinance.
Mr. Stevens explained that the neighbors did not have any objections. He
also explained that there were no other options for the deck since the deck
cannot be extended toward the backyard.
Mr. Penley asked if a permit was obtained for the deck expansion.
The petitioner answered that he did not apply for the permit.
Mr. Frenke asked if a petitioner obtained a permit for the old deck.
The petitioner said he did not apply for the permit for the old deck.
Mr. Rodgers asked why ComEd has not responded yet.
The petitioner explained that ComEd needed additional information and
that he sent it to them.
A motion was made by Mr. Walz to grant the variation. The motion failed
because it was not seconded.
A motion was made by Mr. Penley to do not grant and seconded by Mr.
Rodgers.
The Board members were called to vote.
Mr. Shumm - Aye
Mr. Walz - No
Mr. Franke - Aye
Mr. Rodgers - Aye
Mr. Penley - Aye
Ms. Kreutzer - No
Mr. Oliveto - No
The motion was passed by a vote of 4 to 3.
The petitioner was directed by Mr. Kaplan to contact the Village Clerk to
confirm which Village Board meeting they should attend for final approval.
The meeting was adjourned at 7:35 P.M.
Respectfully submitted,
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Verica Zaric
Plan Reviewer, Community Development
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