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HomeMy WebLinkAboutRESOLUTION - 13-20 - 2/25/2020 - Zoning Variation for Fence PermitRESOLUTION NO. 13-20 A RESOLUTION PREVIOUSLY AUTHORIZED BY THE CORPORATE AUTHORITIES FOR DIRECTION TO THE COOK COUNTY BOARD OF COMMISSIONERS, COOK COUNTY ZONING BOARD OF APPEALS, AND THE COOK COUNTY CLERK FOR TRANSMITAL TO THE COOK COUNTY BOARD OF COMMISSIONERS IN RESPONSE TO THE PUBLIC HEARING HELD BY THE COOK COUNTY ZONING BOARD OF APPEALS ON FEBRUARY 5, 2020 REGARDING THE ZONING VARIATION TO PERMIT THE CONSTRUCTION OF A FENCE WHICH EXCEEDS THE HEIGHT AND LOCATION REGULATION SET FORTH IN THE COOK COUNTY ZONING ORDINANCE, ON PROPERTY LOCATED AT 2545 LANDMEIER ROAD, ELK GROVE VILLAGE, ILLINOIS 60007 WHEREAS, the applicant, acting on behalf of Dolores Kowolski, the owner of the property commonly known as 2545 Landmeier Road (PIN 08-26-402-011-0000 & 08-26-402-012-0000) has petitioned for a variation to construct a fence which exceeds the height and location regulations set forth in the Cook County Zoning Ordinance; and WHEREAS, said variation would permit the construction of a fence located in the front yard from the maximum allowed three feet (3) to a proposed eight feet (8'), increase the height of a fence located in the rear yard of a through lot from the maximum allowed three feet (3') to a proposed eight feet (8'), increase the height of the fence located in the right interior side yard from the maximum allowed six feet (6) to a proposed eight feet (8) and increase the height of a fence located in the left interior side yard from the maximum allowed six feet (6) to a proposed eight feet (8'); and WHEREAS, said case has been docketed as Docket Number V-19-31 by the Cook County Zoning Board of Appeals; and WHEREAS, the corporate boundaries of the Village of Elk Grove Village are directly contiguous to the property; and WHEARAS, on February 15, 2020, the Corporate Authorities authorized the execution of this Resolution directing an objection to said variation request. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section l: That the Village of Elk Grove Village does hereby register objection to the petitioner's application for the variation at the subject property described above for the following reasons: a. The parcel of property is surrounded by the corporate limits of Elk Grove Village to the west, east and south. b. Per section 13.6.3 Standards. (A) of the Cook County Zoning Ordinance, the property's physical surroundings, shape and topographical condition do not result in a hardship upon the owner. The property is similar in nature to surrounding industrial properties and has no constraints to warrant the alleviation from complying with the current Cook County Zoning Ordinance. c. Per section 13.6.3 Standards. (B) of the Cook County Zoning Ordinance, the property must display conditions that are unique and are not applicable to other properties within the same zoning classification. The subject property has no unique characteristics which distinguishes itself from other properties in the same zoning classification. d. Per section 13.6.6 Standards. (F) of the Cook County Zoning Ordinance, the variance shall not substantially increase congestion in the public street. Based upon the location of the existing fence and entrance gates, the potential to have trucks queuing in the adjacent roadways along Higgins Road and Landmeier Road is drastically increased. Higgins Road has been designated by the State of Illinois as a Strategic Regional Arterial (SRA) Route and traffic back-ups from this site will negatively impact the motoring public. This will adversely affect both customers, businesses and visitors of Elk Grove Village. e. The fence is currently installed in locations that violate section 8.7.1 of the Cook County Zoning Ordinance in which no record exists that a previous variation was granted to permit the fence. f. The location of the fence is a violation of section 7E-9 of the Elk Grove Village Zoning Ordinance which does not permit fences to be constructed in any front yard or ahead of the building setback line. Additionally, the gate mechanism located off of the Higgins Road entrance into the subject property exceeds the eight (8') feet requested by the petitioner and was not sufficiently addressed or discussed at the public hearing conducted on February 5, 2020. g. The height of the proposed fence is in violation of section 7E-9 of the Elk Grove Village Zoning Ordinance which does not permit fences in excess of six (6') feet in height. Section 2: That this resolution shall be in full force and effect from and after its passage and approval according to law. Section 3: That the Village Clerk's Office is hereby directed to submit the foregoing Resolution to all governmental bodies that have jurisdiction and/or interest in the development of the premises as set forth above and set forth in the caption thereto. VOTE: AYES: 6 NAYES: 0 ABSENT: 0 PASSED this 20t' day of February 2020. APPROVED this 20th day of February 2020. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk The Village Board gave prior authorization to approve Resolution No. 13-20 on February 20, 2020 due to time constraints with objections to Cook County. This item appeared on the February 25, 2020 Village Board Agenda for formal approval.