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Home My WebLink AboutZONING BOARD OF APPEALS - 04/06/2017 - 520 Montego Dr fence variation Docket 17-1 ELK GROVE VILLAGE Zoning Board of Appeals Meeting Minutes April 6, 2017 Present: D. Childress R. De Frenza M.Colgan R. Bookler L. Dohrer C. Kelley W. Jameel J. Meister, Sr. M. Larson Staff. J. Polony, Plan Review Supervisor, Community Development Zoning Variation—Docket#17-1 520 Montego Drive Chairman Childress called the meeting to order at 7:00 pm and read a statement describing the hearing notification procedure as well as the legal notice. The petitioners, Salvatore and Miranda Terracciano, were sworn in and asked to present their case. Mr. Terracciano stated the reason i;r the variation request is because the existing fence in place when he purchased the house was deteriorated and had to be removed. Additionally, he stated that approximately twelve (12) arborvitae trees that abutted the property line along Leeds Lane were also removed due to a lack of maintenance on the trees. Mr. Terracciano mentioned that if he had to meet the current zoning ordinance for the location of the fence, he'd lose a large portion of this backyard and the fence would have to extend to the centerline of his patio door. Mr. Childress opened the meeting to questions from the board. Mr. Bookler asked the petitioner to state his hardship. Mr. Terracciano stated that he'd like to install the fence to provide privacy and safety for his family. The previous configuration of trees and fence did not provide enough protection for children within the backyard. Since the fence and bushes have been removed from the yard, the petitioner noted that they have no privacy from people walking along the sidewalk or cars traversing down Leeds Lane. Ms. Larson asked the petitioner how far the fence would be from the sidewalk. Mr. Terracciano stated that the fence would be approximately four to six feet (4'-6') from the sidewalk. The lot line and sidewalk run at an angle so it would vary by location. Mr. Dohrer verified with the petitioner that the fence must be located outside of the triangular area required by code for sight line safety. Mr. Terracciano mentioned that he was aware of the requirement and would install the fence outside of the prohibited area. Mr. Childress opened the meeting to questions from the public. Elaine Swensen, 1204 Leeds Lane, noted that she was in favor of the request and had no objections to the proposal. Mike Klancnik, 1217 Leeds Lane, stated that he would like the board to consider requiring the petitioner to install the fence so that there was a minimum of four(4') feet of green space between the fence and the sidewalk. He felt the proposed six (6') foot fence was not necessary in this location however if the board was going to approve it, he'd recommend requiring more green space for landscaping between the sidewalk and the proposed fence. Barb Lahtinen, 528 Montego Drive, stated that she previously held the position of president of the homeowners association and had no objection to the variation request. She also mentioned that the homeowners association would permit either a board on board wood fence or privacy fence however the petitioners will need to discuss that design with the association prior to installation. A motion to grant a variation for the construction of a six (6') foot high, wood fence which would extend approximately seventeen (17') feet beyond a line extended from the nearest front corner of the principal building located on an adjacent single-family residential lot was made by Mr. Meister and seconded by Ms. Kelley. Upon voting (AYES—Childress, De Frenza, Colgan, Dohrer, Larson, Jameel and Bookler.) The motion to grant the variance passed unanimously. Mr. Childress advised the petitioner, Mr. Terracciano, to contact the Village Clerk and attend the subsequent Village Board Meeting. The meeting adjourned at 7:45 p.m. Respectful) submitted, Jared y Plan Review Supervisor, 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 to the Village Manager, Director of the Engineering and Community Development, Director of Public Works, Fire Chief, Deputy Fire Chief(2), Inspectional Services Supervisor, Chairman and Members of Plan Commission April 6, 2017 Honorable Mayor and Board of Trustees RE: ZBA Docket# 17-1—Finding of Fact 520 Montego Drive, Elk Grove Village, Illinois 60007 Dear Honorable Mayor and Board of Trustees: Board Members Present: Ryan Bookler Michael J. Colgan Mary Ellen Larson Joe Meister,Sr. Wissam (Sam)Jameel Christine Kelley Rosanna DeFrenza Larry A. Dohrer Don Childress Board Members Absent: None On April 6, 2017,the Zoning Board of Appeals'Chairman Childress called the hearing to order at approximately 7:00 pm, and read the legal notice of the meeting. Petitioners Salvatore A.T erracciano and Miranda K.Ter r acciano,were sworn in and asked to present their case, summarized as follows: The variance request is in regard to the Elk Grove Village Zoning Ordinance No. 2410, as it pertains to permitted locations for fences in residential zoning districts. Section 3-7: D (3) prohibits fences from being constructed within the required front yard and beyond a line extended from the nearest front corner of the principal building located on an adjacent single family residential lot. The petitioner is requesting to install a six feet(6') high, wood fence which would extend approximately seventeen feet(17') beyond the nearest front corner of the principal structure on the adjacent single- family residential lot. The variation request is for the property located at 520 Montego Drive, Elk Grove Village, and is identified by the following property identification number: 08-32-324-026-0000. Hardships presented by petitioners: a. Current Village Zoning Ordinances do not allow a proposed fence to be installed beyond a line extended from a nearest front corner of an adjacent neighbor's property due to potential sight line infringement. b. Existing regulations,if followed,would situate an allowable fence such that it would extend to the middle of the sliding glass door on the north side of the home. c. The proposed fence compromise is to provide an enclosed rear yard,to provide for safety/security and allow for future growth of the family. The following is a summary of the information presented at the hearing: 1. The property in question is located at the northwest corner of Montego Drive and Leeds Lane. The property in question is a corner lot. 2. The petitioner proposes to install a six feet (6') high wood fence. 3. The home purchased by the Petitioners had a deteriorated wood fence and 12 arborvitae trees. The north/rear yard previously contained soil mounds for a model railroad (lawn- scale) sized set that was removed. Prior rear yard water drainage was towards the home and its basement. Petitioners reported the removal of two semi-loads of earth fill. The rear yard was subsequently re-graded to direct water away from the home and toward a manhole located along the western side of the rear yard. 4. The petitioners moved into the home in November 2016. 5. Petitioners removed the existing deteriorated fence and overgrown Arborvitae trees.The rear yard is entirely exposed to the public. Petitioners have to keep window blinds closed to have privacy. 6. The Petitioners have proposed to located the fence, beginning at a point 20' east of the northeast corner of the home, and extend northerly to a point 17' east of the nearest front corner of the neighbor's home, and transition northwesterly at a 45 degree angle to intersect a proposed replacement rear fence that would run east-west along the north property line. 7. The 45 degree corner angle of the proposed fence, at the northeast rear yard location, is a compromise to improve the sight lines of the neighbor to the north of this property. 8. Adjacent neighbors approve of the proposed variation and improvements made to the property by the Petitioners. Neighbors addressing the meeting were: • Elaine Swensen, 1204 Leeds Lane; in favor of proposed variation. Her home is located adjacent to the northeast corner of the Petitioner's property. • Mike Klamcik, 1217 Leeds Lane, requested a minimum four feet(4')green space between the proposed fence and the sidewalk. He is in favor of the proposed variation. • Barb Lahtinen, 528 Montego Drive. Her home is located immediately west of the Petitioner's property. Barb indicated she had been the head of the Housing Association for the area where the subject home is located for a 10 year period. She related that the Circle Bay Estates Housing association previously required 6'wood board-on-board cedar or brown fences. Fences additionally allowed now include white, beige, or brown vinyl fence types. 9. The Elk Grove Village, Engineering Department had no comments relative to the requested variation. 10. The public attending the meeting were asked if they had any additional concerns regarding the proposed variation, none were offered. Chairman Childress asked for a motion from the floor. Joe Meister, Sr., made a motion to DO GRANT in favor of the proposed variations. Christine Kelley seconded the motion. Motion as summarized is to recommend that the proposed fence run along a line extended from 20' off the northeast corner of the home,to a point 17' east of the southeast corner of the northern property at 1204 Leeds Lane, and extend at a 45 degree corner angle to the proposed replacement fence at the north property line of the Petitioner's property. Proposed fence is recommended to be installed a minimum of 5' off the existing edge of sidewalk. Board members voted unanimously in favor of the motion to "Do Grant". J. Polony,Village Plan Review Supervisor, advised the next Village Board meeting was scheduled on April 11, 2017, at 7 pm. Petitioners were advised to contact the Village Clerk to confirm that this Variance petition is on the docket for the Village Board meeting. Chairman Childress recommended that the Petitioners attend the Village board meeting to address any potential questions the Board members may ask. The meeting was adjourned at 7:45 pm. Submitted respectfully by: Donald G. Childress, Chairman,Zoning Board of Appeals C: Mayor and Board of Trustees, Chairman and Members-Zoning Board of Appeals, Village Clerk,Village Manager,Village Attorney, Deputy Village Manager, Assistant to Village Manager, Director E/CD, Director of Public Works, Fire Chief, Deputy Fire Chiefs, Inspectional Services Supervisor, Chairman and Members-Plan Commission PYII rz, _ x .Q x � v i v r Google Location map exhibit, 520 Montego Drive, Elk Grove Village, IL PROPERTY ADDRESS:520 MONTEGO DRIVE ELK GROVE VILLAGE,ILLINOIS 60007 SURVEY NUMBER:1607.3838 FIELD WORK DATE:E/2f2076 REVISION DATE(S):,,Revo sjwm161 16073638 BOUNDARYSIJRVEY LOT I I IN CIRCLE BAY5UBDIV1510N,BEING A5UBOIV1510N COOKCOUNTY IN THE 5OUTHWE5T 1/4 OF THE 5OUTHWE5T 1/4 OF SECTION 32,TOWN5HIP 41 NORTH,RANGE 1 1.EA5T OP THE THIRD PRINCIPAL MERIDIAN,IN COOK COUNTY,ILLINOIS, 8,' N o c) N 89°40'30°E 87.59'(M) 1 U2'FIP 87.39' R) Jz FIP 0.5'ON 1 da I 0 10,05' ' rt.. LOT P -F> O ro Nti ',u 17.21' I I' ' II f .a 'L3.92, 0.9'OFF s 0 @t - ! 2 STORY i. BRICK t FRAME RE5. Ili 0520 9.�I 23.44 2• 18.69 1� 614. DONE cum 4 GmEk STATE OF IWN015 MOAITfGO Ogiff(50' W00 COUNTY OF GRUNDY 55 OI THE C15 OU CRRENTFILUNOI5 MINIMUM 5YTHAT THIS 5TTANDARD5 RFOR NDICECONFORMS 5URVEY.GIVEN UNDER MY HAND AND 5M THIS 3RD DAY OF �= 035-003403 AUGU5T,2016 AT 316 E.JACI'5ON STREET IN MORRIS,ILG045 y� Q 0 15 30 PROFESSIONAL N LAND SAS IL R r MORws,a GRAPHIC SCALE (In Feet) 1 inch = 30' ft_ IWN015 PROFESSIONAL LAND SURVEYOR No.3403 Q - LICENSE EXPIRES 1,1/30/2016 EXACTA LAND 5URVEYOR5 LB#5763 THE ABOVE SURVEY IS A PROFESSIONAL SERVICE IN COMPLIANCE WITH THE POINTS OF INTEREST MINIMUM STANDARDS OF THE STATE OF ILLINOIS.NO IMPROVEMENTS NONE VISIBLE SHOULD BE MADE ON THE BASIS OF THIS PLAT ALONE.PLEASE REFER ALSO TO YOUR DEED,TITLE POLICY AND LOCAL ORDINANCES.COPYRIGHT BY EXACTA ILLINOIS SURVEYORS.THIS DOCUMENT MAY ONLY BE USED BY THE PARTIES TO WHICH IT IS CERTIFIED. PLEASE DIRECT QUESTIONS OR COMMENTS TO EXACTA ILLINOIS SURVEYORS,INC.AT THE NUMBER IN THE BOTTOM RIGHT CORNER. - CLIENT NUMBER: DATE:8/3/2016 THE PROGRAM BUYER: SELLER: CERTIFIED TO:. .,- L81 18005M3 e A'A',,., wrvwx.amchicagocom P.V73)7054010•F.(773)3054611 316 East Jackson Street,Mortis,11 60450 This is page 1 of 2 and Is not valid without all pages. PROPOSED FENCE End of fence would be 4 ft.away from sidewalk to give neighbor more room than previously to see possible pedestrians. LOT I 1 A ORCLI EAY tiU5V1VISION. MUG A 5UBDIVi5IOt! IN THF 5OUTH,0vE5T 114 OF THE 5i UTI-TA1IwST 114 Of 5EC:TION 32,TOWN5HIP 4 1 NORTH.W, NGE 1 1. FA5T Of � THF THIRD PPINGPAL MF i MIN, IN COOK COUNTY.. 1UNQ15. 3' t4 r, t p F, 84' 87.39 (PO � ! ( 7 T I ij ' 40 Uj 5 � � z � i i C '� °� This would allow enough I }room for a gate so we can access backyard. a �