HomeMy WebLinkAboutZONING BOARD OF APPEALS - 09/11/2008 - ZBA DOCKET 08-9/420 FRANKLIN LANE ELK GROVE VILLAGE
Zoning Board of Appeals
Meeting Minutes
September 11, 2008
Present: P. Kaplan, Chairman
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J. Oliveto
D. Childress
G. Schumm
J. Meister, Sr.
Absent: L. Dohrer
L. Michalski
T. Rodgers
J. Walz
Staff: J. Herren, Plan Reviewer
Zoning Variation —Docket# 08-9— Franklin Lane
Mr. Kaplan called the meeting to order at 7:00 pm and read the legal notice. The
petitioner, Mrs. Su Lee was sworn in and asked to present her case..
Mrs. Lee explained she wants to construct a fence that is located approximately 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. Lee stated that her property is
located on the corner of Franklin Lane and Gibson Drive. She further described Gibson
Drive as being busy because it is a main connecting street for the neighborhood, and
Franklin Lane was not as busy due that the majority of the traffic is homeowners and
people that live on the street.
The petitioner said there is no fence presently on the side of the property where she is
requesting a variance. Mrs. Lee explained that her 5-year-old son enjoys playing in the
backyard. She said the fence would give them safety from the traffic on Gibson Drive
and some privacy so they can conduct their activities in the backyard without the
neighbors looking on.-The petitioner stated the majority of their yard is located in the
front half of the property, and having the fence at the proposed location would give them
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a bigger backyard to enjoy.
Mr. Kaplan opened the meeting to questions from the board.
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Mr. Oliveto said he had visited the residence and had spoke to Mrs. Lee's husband,
Philip. Mr. Oliveto asked Philip if the neighbor located behind them had any issues with
the location of the fence. Mr. Oliveto further explained that Philip presented to the
neighbor in great detail where the fence was going to be and the neighbor was going to
write a letter stating that they were acceptable of the location.
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The petitioner gave the neighbor's letter to Mr. Kaplan.
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Mr. Kaplan read the letter to the board members and the general public. The letter stated
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the neighbors were accepting of the proposed fence location and had no problems with
the granting of the variation.
Mr. Oliveto asked Mrs. Lee if their next-door neighbor located on Franklin Lane had any
problems with the proposed fence location.
The petitioner told Mr. Oliveto that their relationship with that particular neighbor is not
good, and they really do not communicate so Mrs. Lee had no knowledge of their
concerns.
Mr. Oliveto confirmed that the fence would be six feet (6') in height, and asked the
petitioner if they had decided on the style of the fencing.
Mrs. Lee replied that they had not decided on the exact style. She said the fence would
definitely be six feet (6') in height and a design that would cost effective and provide
privacy.
Mr. Meister asked about the fence location and whether the fence would be placed
outside of the pine trees and encompass all of the landscaping.
The petitioner replied that the fence would be placed in between the arborvitaes and the
pine trees. Mrs. Lee further explained the pine trees would be on the outside of the
fenced in portion, and the arborvitaes would then be located on the inside of the fence.
Mr. Meister commented that the petitioner has not proved a hardship to grant this
variance.
Mr. Childress confirmed the pines trees will be located outside the proposed fence and
the fence should not block any sightlines when pulling in and out of their driveway for
the neighbor located behind the petitioner.
Mr. Schumm commented that the fence location would make the backyard more usable
because the fence location would increase the size of the backyard and probably add
value to the property.
Mr. Kaplan asked Mrs. Lee if she had ever considered moving the fence in, starting the
fence at the rear corner of the house, and placing in line with the Gibson side of the
house. Mr. Kaplan further explained that this location would still require a variance
because it would still be located beyond a line extended from the nearest front corner of
the principal building located on the adjacent single-family lot.
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The petitioner did consider this location when she met with the Department of
Engineering and Community Development, but since it would still require a variance, and
_ she wanted the fence to be incorporated into the existing landscaping she would like for it
to be placed in the location specified in the petition.
Mr. Kaplan confirmed that the arborvitaes would be located on the inside of the fence.
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Mr. Kaplan entertained a motion. A motion to grant the construction of a new fence
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 was made by Mr.
Schumm, and seconded by Mr. Oliveto. Upon voting (AYES —Oliveto, Childress,
Kaplan, Schumm, and Meister) the motion to grant the variance passed
unanimously. Mr. Kaplan advised the petitioner, Mrs. Lee, to be present at the next
Village-Board-meeting for the-final decision of his zoning variation. The meeting
adjourned 7:27 P.M.
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Respectfully submitted,
Justin Herren
Plan Reviewer, Community Development