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.