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HomeMy WebLinkAboutZONING BOARD OF APPEALS - 08/09/2007 - DOCKET 07-4/102 BUCKINGHAM/WEISS ELK GROVE VILLAGE Zoning Board of Appeals Meeting Minutes August 9, 2007 Present: P. Kaplan, Chairman T. Rodgers L. Michalski G. Schumm J. Meister, Sr. D. Childress J. Walz Absent: J. Oliveto Staff. J. Herren, Plan Reviewer Zoning Variation—.Docket# 07-4—102 Buckingham Court Chairman Kaplan called the meeting to order at 7:00 pm and read the legal notice. The petitioner, Mr. and Mrs. Jeffery R. Weiss was sworn in and asked to present their case. Mrs. Weiss explained she wants to replace an existing fence that is located twenty-three feet(23') beyond a line extended from the nearest front corner of the principal building located on the adjacent single-family lot. Mrs. Weiss stated the reason for the replacement of the fence was that the original fence was built ten years ago and is in very poor condition. The petitioner indicated that the fence was not built correctly in the beginning and the posts that support the fence are loose in the ground. She also indicated they have a dog and need a barrier to keep the dog in their yard. She stated if she were to put the fence at the location permitted in the ordinance, it would not enclose their exterior door from the garage into the rear yard,therefore, losing security and the function of the doors allowing egress into the rear yard. Chairman Kaplan asked the petitioners the age o('lh.e fence. The petitioner replied that the fence was installed when the house was first constricted ten (10) years ago. Chairman Kaplan opened the meeting to questions from the board. Mr. Meister asked where the new fence was to be located. The petitioner stated the new fence would be located in the exact same location as the old fence. Mr. Meister then asked if the petitioner has had any complaints about the old fence and its location. Mrs. Weiss responded that she has heard of no complaints from surrounding neighbors. Mr. Schumm asked Mr. Weiss about the type of fence. Mr. Weiss replied the fence would be six feet (6') tall with dog-ears on the top and a staggered shadow box construction. Mr. Schumm asked the petitioners if they had spoken to the neighbor directly behind them. Mr. and Mrs. Weiss said they had not seen their neighbor in quite some time and had not spoken with her. Mr. Schumm asked the petitioners to identify their hardship. Mrs. Weiss replied that if she were to put the Knee at the location described in the ordinance, that it would not enclose their exterior door from the garage into the rear yard, therefore, losing security and the function of the doors allowing egress into the rear yard. Mr. Michalski confirmed that the new fence type would be of wood material. Mr. Walz asked Mr. Weiss when the new fence would be constructed. Mr. Weiss stated the new fence would be constructed as soon as they get the permission to do so. Mr. Rodgers questioned Mr. and Mrs. Weiss about how far away their deck was from the fence. Mrs. Weiss responded that the deck was about twelve feet (12') from their fence. Mr. Rodgers then asked to clarify the type fence. Mr. Weiss said the fence would be six feet (6') tall, board on board shadow box construction with a dog-ear detail on the top of the fence. Mr. Childress stated the fence does not pose a great hazard for the neighbor behind them because they have a U-shaped driveway and do not have to back out of the driveway giving them a better view when they are pulling out of the driveway. Chairman Kaplan asked if there was anyone in the general public who would like to speak on this matter. A friend of the neighbor, Terry Maioriello, said she was here to represent her friend because she was severely handicapped and could not make it to the hearing. She stated that her friend did not have a problem with the new fence as long as it was to be constructed in the same location as the current fence. Chairman Kaplan entertained motion. A motion was made by Mr. Rodgers, which was seconded by Mr. Childress. Upon voting(AYES—Kaplan, Michalski, Schumm, Meister, Sr., Rodgers, Walz, and Childress ABSENT—Oliveto) the motion passed to allow the fence to be constructed twenty-three feet(23') from a line extended from the nearest front corner of the principal building located on an adjacent single- family residential lot. Mr. Kaplan advised the petitioner to contact the Village Clerk to find out when the case would be considered by the Village Board. The meeting adjourned 7:14 P.M. Respectfully submitted, ..tet/'✓�_,_.r- GJustin Herren Plan Reviewer, Community Development C: Chairman and Members Zoning Boards of Appeals, Mayor and Board of Trustees, Village Clerk, Village Attorney, Village Manager, Deputy Village Manager, Assistant Village Manager, Director of the Engineering and Community Development, Director of Public Works, Fire Chief, Deputy Fire Chief(2), Assistant Fire Chief, Chairman and Members of flan Commission