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Home My WebLink AboutZONING BOARD OF APPEALS - 05/25/2017 - ZBA Minutes Docket 17-2 - 216 Victoria ELK GROVE VILLAGE Zoning Board of Appeals Meeting Minutes May 25,2017 Present: D. Childress R. De Frenza M.Colgan R. Bookler L. Dohrer C. Kelley J. Meister, Sr. Absent: M. Larson W. Jameel Staff: J. Polony, Deputy Director, Community Development Zoning Variation—Docket#17-2 216 Victoria Lane 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, Anthony and Vanessa Hartzell,were sworn in and asked to present their case. Mr. Hartzell stated that the existing fence has been in place for the last twenty(20) years and to relocate it to a code compliant location would impact his existing landscaping,pool location,and would drastically reduce the size of his backyard. If the fence was required to meet the current code it would have to be installed across the middle of the pool which would cause him a hardship to have to relocate all the landscaping and redesign the configuration of the existing pool. Mr. Hartzell also made reference to a signed petition he received from numerous neighbors who had no opposition to constructing a new fence in the same location as his old fence. Mr. Childress opened the meeting to questions from the board. Ms. De Frenza asked the petitioners if they were willing to relocate their fence on the west side of the property to be in line with the neighbors which would restrict the fence from extending four(4')beyond of nearest front corner of the principal building located at 208 Victoria Lane. Mr. Hartzell stated that he would prefer to leave the fence in the existing location but he would be willing to compromise if the Zoning Board felt it was necessary to relocate that portion of the fence. Mr. Childress opened the meeting to questions from the public. Marie French, 693 Middlebury Lane, stated that she would like the petitioners to install landscaping on the outside of the fence located along Middlebury Lane because she felt the white, vinyl fence would be distracting and too bright. Mr. Hartzell stated that he had no intentions of installing landscaping but he would consider her recommendation. A motion to grant a variation for the construction of a six(6')foot high,vinyl fence which would extend approximately thirty four(34') feet beyond a line extended from the nearest front corner of the principal building located at 692 Middlebury Lane was made by Mr. Meister and seconded by Ms. Defrenza. Upon voting(AYES—Childress,Kelley,Colgan,Dohrer, and Bookler.) The motion to grant the variance passed unanimously. A second motion to NOT GRANT a variation for the construction of a six(6')foot high, vinyl fence which would extend approximately four(4') feet beyond a line extended from the nearest front corner of the principal building located at 208 Victoria Lane was made by Ms. Defrenza and seconded by Mr. Dohrer. Upon voting(AYES—Meister) (NAYES-Bookler, Childress, Colgan,and Kelley.)The motion to NOT GRANT was denied by a vote of 4 to 3.The intention of the four(4)members who voted against the DO NOT GRANT was to approve the variation for fence to be replaced in the existing location.Mr. Childress advised the petitioner, Mr. Hartzell,to contact the Village Clerk and attend the subsequent Village Board Meeting. The meeting adjourned at 7:25 p.m. Respectfully submitted, Jared ony Deputy Director, 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 May 27,2017 Honorable Mayor and Board of Trustees RE:ZBA Docket#17-2—Finding of Fact 216 Victoria Lane, Elk Grove Village, Illinois 60007 Dear Honorable Mayor and Board of Trustees: Board Members Present: Ryan Bookler Michael J. Colgan Joe Meister,Sr. Christine Kelley Rosanna DeFrenza Larry A. Dohrer Don Childress Board Members Absent: Mary Ellen Larson Wissam(Sam)Jameel On May 25,2017,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 Anthony Hartzell and Vanessa Hartzell,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,fence which would extend approximately thirty four feet(34')beyond the nearest front corner of the principal structure on the adjacent single-family residential lot located at 692 Middlebury Lane.The fence will replace an existing fence at the same location. Additionally,the Petitioners are requesting to install a fence that will extend approximately four feet(4') beyond the nearest front corner of the principal structure located at 208 Victoria Lane.The fence will replace an existing fence at the same location. The variation request is for the property located at 216 Victoria Lane, Elk Grove Village,and is identified by the following property identification number:08-28-313-011-0000. 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 principal structure. i i b. Along Middlebury Lane existing regulations,if followed,would situate an allowable fence such that it would extend through the eastern end of an in-ground pool,cut off four raised bed gardens,and a dog run in the rear yard of the home. c. The petitioners wish to keep the fence in the same location to provide for safety/security and allow for continued use of the pool,raised bed gardens and dog run. The following is a summary of the information presented at the hearing: 1. The property in question is located at the southwest corner of Middlebury Lane and Victoria Lane. The property in question is a corner lot. 2. The Petitioners propose to install a six feet high,white fence. The bottom five feet is to be a solid panel fence.The top one foot is to be a lattice pattern. 3. The Petitioners installed the existing fence in year 2000 under a Village permit. The existing wood fence is in poor condition with deteriorating sections falling down. 4. Along Victoria Lane,the existing fence is in between portions of the attached garages on both homes and does not affect sight lines. 5. Along Middlebury Lane existing regulations, if followed, would situate an allowable fence such that it would extend through the eastern end of an in-ground pool,cut off four raised- bed gardens, and a dog run in the rear yard of the home.The existing and proposed fence location do not propose sight line issues for vehicles/pedestrians approaching the corner of Middlebury and Victoria from the west. 6. All back yard hard scaping—pool,concrete pavement surround,dog run, paver sidewalk and four raised bed gardens were designed to fit within the existing rear yard space provided by the current fence placement along Middlebury Lane. 7. Petitioners provided a petition signed by their neighbors at 692 Middlebury Lane and 230, 231,233,214,209,208 and 200 Victoria Lane agreeing to their support of the Petitioners' variation requests. 8. Ms.Marie French, 693 Middlebury Lane,would like the view of the fence softened by bushes to decrease the brightness of the white vinyl fence. She feels that the"brightness" of the white can diminish property value. 9. Several board members discussed with the Petitioners whether they were willing to compromise with the Victoria Lane fence placement to move the fence gate back four feet to be in-line with the front of the home on this side.The petitioners were willing to move the fence to that alignment if recommended by the board. 10.The Elk Grove Village Community Development Department had no comments relative to the requested variations. 11.The board discussed the separation of the two variation requests into two motions, a. Motion 1, Fence placement along Middlebury Lane, Install a six feet(6') high,fence which would extend approximately thirty four feet(34') beyond the nearest front corner of the principal structure on the adjacent single-family residential lot located at 692 Middlebury Lane. The fence will replace an existing fence at the same location. b. Chairman Childress asked for a motion from the floor. Joe Meister,Sr., made a motion to DO GRANT in favor of the proposed variation along Middlebury Lane. Rosanna DeFrenza seconded the motion.The vote was unanimous in favor of the proposed variation request. i 4 i I i I c. Motion 2, Fence placement along Victoria Lane, "To install a fence that will extend approximately four feet(4')beyond the nearest front corner of the principal structure located at 208 Victoria Lane.The fence will replace an existing fence at the same location."Chairman Childress asked for a motion from the floor. Rosanna DeFrenza, made a motion to DO NOT GRANT, the proposed variation along Victoria Lane, Larry A.Dohrer seconded the motion.The vote was as follows: "Yes" or In Favor,L. Dohrer,J. Meister,Sr., and R. DeFrenza. Voting"No"or against the proposed motion,thus recommending the fence placement to remain,were:R. Booker, M. Colgan, C.Kelley and D. Childress. The Petitioners were advised that the ZBA's recommendations were"advisory recommendations"to the Village Board. The Village Board has final approval of any proposed recommendations. Petitioners were advised to contact the Village Clerk,to confirm that this Variance petition is on the docket for the June 20,2017 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 approximately 7:25 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 PROFESSIONALS ASSOCIATED SURVEY, INC. Property-Alta-Topo-Condo-Mortgage Survey x'100 N.TRIPP AV13MIE TEL:(847)675-3000 LINCOLNWOOD,ILLINOIS 60712 FAX:(847)675-2167 PLAT OF SURVEY Or LOT 1139 IN ELK GROVE VILLAGE SECTION 2 BEING A SUBDIVISION IN THE WEST 1/2 OF SECTION 28, NORTH TOWNSHIP 41 NORTH,RANGE 11,EASTOF THE THIRD PRINCIPAL MERIDIAN,IN COOK COUNTY,ILLINOIS. COMMONLY KNOWN AS:216 VICTORIA LANE,ELK GROVE VILLAGE,ILLINOIS. r 10 hi Ll may. {!` �tytf Paj 4� sti�S s 44 m r _ r i O E CfIU ANaA&R � USM) ,,y�t�3 v� ° NAPS. 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