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HomeMy WebLinkAboutZONING BOARD OF APPEALS - 07/16/2009 - FENCE VARIATION/212 HOLLY LANE ELK GROVE VILLAGE Zoning Board of Appeals Meeting Minutes July 16, 2008 Present: P. Kaplan, Chairman Absent: L. Dohrer J. Meister, Sr. T. Rodgers J. Walz S. Carlson G. Schumm D. Childress J. Oliveto Staff: J. Herren, Plan Reviewer Zoning Variation — Docket it 09-1 —212 Holly Lane Chairman Kaplan called the meeting to order at 7:00 pm and read the legal notice. The petitioner, Mr. Edward Sacha was sworn in. Chairman Kaplan explained to the petitioner that the variation hearing sign should be posted on his property a minimum often (10) days before the day of the hearing. He further stated that the sign was put up on the property yesterday. Chairman Kaplan told the petitioner the hearing is being continued because the sign was not posted for the required ten (10) days. He stated the next hearing would be held on Thursday, July 23, 2009 at 8 pm. The petitioner agreed to the continuation of the hearing. Mr. Sacha explained that a mistake has been made on the petition request; the actual dimension of the variance should be sixteen feet-six inches (16' 6") not ten feet-six inches (10' 6") as stated in the original petition request. Chairman Kaplan asked the plan reviewer if this change would affect any other aspects of the petitioner's request. Mr. Herren, the plan reviewer, stated the new dimension would place the fence in front of the petitioner's own house thus creating an additional variation request from Zoning Ordinance #2410 Section 7A-1:F.1. Chairman Kaplan told the petitioner that he would be able to explain the variation change to the board at the next hearing. The hearing was continued to Thursday, July 23, 2009 at 8:00 pm. ELK GROVE VILLAGE Zoning Board of Appeals Meeting Minutes July 23, 2009 Present: P. Kaplan, Chairman T. Rodgers D. Childress L. Dohrer G. Schumm J. Walz S. Carlson Absent: J. Meister, Sr. J. Oliveto Staff: J. Herren, Plan Reviewer Zoning Variation —Docket # 09-1 —212 Holly Lane (Meeting continued from July 16, 2009) Chairman Kaplan called the meeting to order at 8:00 pm, briefly went over what was discussed at the prior meeting on July 16, 2009, and read the legal notice. The petitioner, Mr. Edward Sacha, was sworn in and asked to present his case. Mr. Sacha explained his intention is to move the existing fence located in the side yard forward toward the front of the property. He said this would allow more yard space for his son to play in, offer protection for his son, and to not allow him to wander into the street. The petitioner finished by stating the proposed fence location would also keep the mail carrier and utility workers out of the neighbor's flowerbed. Chairman Kaplan read the letter from the neighbor at 218 Holly Lane. The letter stated the neighbors had no problems allowing the zoning variation, and they agree with the proposed location of the fence. Chairman Kaplan discussed the change of the fence location. He said the new location would require two (2) variations from the Zoning Ordinance#2410. The first variation from Section 3-7:D.3 would allow a fence to be constructed approximately the sixteen feet-six inches (16' 6")beyond a line extended from the nearest front corner of the principal building located on the adjacent single- family lot. The second variation from Section 7A-l:F.1 would allow a fence to be constructed in the front yard approximately four feet (4') in front of the house. Chairman Kaplan opened the hearing to the board for comments and questions. Mr. Dohrer stated the petitioner's rear yard is not very big, and the petitioner would actually have a bigger side yard than the rear yard if the fence were to be allowed in the proposed location. He asked Mr. Sacha if there was ever a fence located in front of the house. Mr. Sacha replied when he first moved into the residence there was an existing fence, and it was located in the exact same spot he is proposing. Mr. Schumm verified the change from the original variance request would place the fence in front of the house at the corner post supporting the roof overhang. Mr. Childress asked the petitioner if there were any sightline issues when operating a vehicle in that area. The petitioner replied that no sightlines are blocked with the proposed fence location and the proposed fence is chain link type allowing a person to see through it. Mr. Carlson questioned the petitioner as to who owned the stockade fence. Mr. Sacha answered that the stockade fence is the neighbors, and he would be tying the proposed fence into the corner of the stockade fence. Chairman Kaplan opened the hearing to the general public. Bob Dahl, a neighbor who lives at 105 Westgate Avenue was sworn in and asked to present his questions or comments. Mr. Dahl explained how he likes the idea of the proposed fence being chain link type because it is open and not for privacy. He finished by stating that he has no opposition to the variation and would like the board to grant the variation to the petitioner. Chairman Kaplan stated he would change the zoning variation docket to the sixteen feet- six inches (16' 6") for the Section 3-7:D.3 variation and four feet (4') for the Section 7A- 1:F.1 variance. Chairman Kaplan entertained a motion. A motion to grant two (2) variances for the proposed fence location of approximately sixteen feet-six inches (16' 6") beyond a line extended from the nearest front corner of the principal building located on the adjacent single-family lot and approximately four feet (4') in front of the house was made by Mr. Schumm, and seconded by Mr. Dohrer. Upon voting (AYES — Kaplan, Rodgers, Childress, Walz, and Carlson) the motion to grant the variances passed unanimously. Mr. Kaplan advised the petitioner, Mr. Sacha, to be present at the Village Board meeting on August 18, 2009 for the final decision of the zoning variation. The meeting adjourned 8:40 P.M. Respectfully submit ed, Justin 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 Plan Commission