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HomeMy WebLinkAboutZONING BOARD OF APPEALS - 11/18/2004 - 04-12/377 E ELK GROVE BLVD ELK GROVE VILLAGE Zoning Board of Appeals Meeting Minutes November 18, 2004 Present: P. Kaplan, Chairman J. Franke T. Rodgers R. Penley J. Walz D. Childress Staff. V. Zaric, Plan Reviewer, Community Development Zoning Variation — Docket#04-12-- 377 East Elk Grove Blvd. Chairman Kaplan called the meeting to order at 7:00 P.M. and read the legal notice. The petitioner, Manuel Marques was sworn in and asked to present the case. Mr. Marques said that he applied for the pool permit in Fall 2003. The pool was built that season. The new fence was requested by the Building Department because the existing fence was less then 4 feet high. The petitioner applied for the fence permit and built 6-foot wood fence. Additional work around the pool was done in Spring 2004, such as electrical and the pool heater. The building inspector Mark Pusateri inspected the work. In Summer 2004 the petitioner applied for a permit to build a deck around the pool. At that time, he was told that the deck has to be 8 feet from the side property line. The proposed deck was only 2.5 feet from the side property line. The petitioner's friend started building the deck before the permit was issued because the petitioner did not expect any problems in getting a permit. Mr. Kaplan asked the petitioner how many permits were obtained and for what type of work. The petitioner said that he got permits for the pool and the fence. Mr. Childress said that the deck looks nice. Mr. Rodgers asked if the deck was shown on the drawing for the pool permit. The petitioner said the deck was not shown. Mr. Rodgers also asked if the petitioner looked for any other place on the lot to build the deck. Mr. Marques said that there is no another place for the deck because there is a concrete patio on the other side of the pool. In the rear yard the ground slopes and storm water accumulates there and he was concerned for the ground load bearing capacity at that location. Mr. Franke asked who the person was who signed the letter, which the petitioner submitted at the beginning of the hearing. Mr. Marques responded that it was signed by his neighbor who had no objections to the deck location. The neighbor's detached garage is on that side of the lot. Mr. Penley emphasized that the deck construction was started without a permit. He asked the petitioner if he finished the construction even after he was told it could not be approved. The petitioner said he did not have a permit when he started the construction but had to finish it because it would be a hazard for the children if it were left half finished. The chairman asked if anybody from the public had any questions. Mr. Tom Rettenbacher asked to speak. He asked the petitioner how tall the deck is. The petitioner said that the deck was approximately 7 feet high. Mr. Rettenbacher pointed out that such a high deck disturbs the neighbor's privacy. Mr. Rettenbacher also said that the required 8 feet side yard setback is for the safety reasons. That clearance allows people to reach any part of the lot in case of an emergency. Mr. Kaplan asked if the representative from the Building Department had any questions. Mrs. Zaric asked to speak. She objected the petitioner's statements that no one from the Building Department told him anything about the deck setback requirements at the time he applied for the pool permit. The petitioner did not ask for the deck requirements at the time he applied for the pool permit. The petitioner could not expect the building officials to predict what he would build in the future and advise him on that. The petitioner responded that he talked to the inspectors when they were at his house and told them that he would build a deck at that location. He added that none of the inspectors told him that it could not be built at that location. Mrs. Zaric said that the permits are required before the construction begins and that the information about the correct location of any structure is given at that time. A motion was made by Mr. Franke to grant the variation and seconded by Mr. Childress. The Board members were called to vote. Mr. Walz - No Mr. Franke - Yes Mr. Rodgers - No Mr. Penley - No Mr. Childress - Yes The motion was rejected by a vote of 3 to 2. The petitioner was directed by Mr. Kaplan to attend the next Village Board meeting for the final approval. The meeting was adjourned at 8:20 P.M. Respectfully submitted, 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