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Home My WebLink About10/24/1996 ZBA MinutesMINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS ZBA CASE NO. ZBA-17-96 PETITIONER: SUBJECT PROPERTY: PUBLICATION DATE: REQUEST: MEMBERS PRESENT: ABSENT: Hearing Date: October 24, 1996 William J. Domer 1304 East Thayer Street October 9, 1996 (Journal) Variation to allow a gazebo to be constructed 11.5 feet from the rear property line (Section 14.306.E.3) Gilbert Basnik, Chairman Ronald Cassidy Jack Verhasselt Robert Brettrager Leo Floros Elizabeth Luxem OBJECTORS/INTERESTED PARTIES: Mr. & Mrs. William J. Domer Chairman Gil Basnik introduced Case ZBA-17-96, being a request for a variation to allow a gazebo to be constructed 11.5 feet from the rear property line. Chairman Basnik reminded the Board that this case would require four votes to successfully approve the case. The petitioner, Mr. Domer, summarized his request. He stated that he provided the Village with a signed agreement containing all of his neighbors' support. Mr. Domer described the gazebo stating that the proposed location is the location originally recommended by the contractor building the gazebo. He stated that the properties surrounding his lot all have sheds set back a minimum of five feet from his property line. He said that he felt that the gazebo would beautify his property and would be a much better improvement than a shed which would be permitted at this location. He stated that he did not believe that the alternative locations presented by staff were appropriate given that these locations would interfere with an existing air conditioner, a below grade fire exit and existing windows of the house. Mike Sims, Planner, presented the staff's report. Mr. Sims stated that the petitioner is requesting a variation to permit the construction of a gazebo 11.5 feet from a rear property line when 15 feet is required. The Village Zoning Ordinance does not permit decks or patios to be located within the 15 foot rear yard setback. Staff has identified alternative locations for the gazebo not requiring a variation. One alternative would be to locate the gazebo 4.5 feet closer to the principal structure. ZBA-17-96 Page 2 Mr. Sims stated that staff does not believe that the petitioner has provided valid justification or hardship -warranting this variation. Staff therefore recommended denial of the variation to decrease the minimum rear yard setback for a gazebo from 15 feet to 11.5 feet for the residence located at 1304 East Thayer Street, Case ZBA-17-96. Mr. Cassidy explained that he sympathizes with the petitioner's position. Chairman Basnik explained that the provision for requiring a deck to be set back 15 feet from the rear property line was to remove the social area of the property from the rear yard of the adjacent properties. After further discussion, Chairman Basnik entertained a motion to approve the variation request to allow a gazebo to be constructed 11.5 feet from the rear property line at 1304 East Thayer Street, Case No. ZBA-17-96. The motion was made by Mr. Cassidy and seconded by Mr. Verhasselt. Upon Roll Call: AYES: Brettrager, Cassidy, Verhasselt and Basnik NAYS: None The motion was approved 4-0. Chairman Basnik stated that this case only requires Zoning Board approval and therefore a Resolution needs to be approved for this case. Chairman Basnik entertained a motion to approve Resolution No. Z-17-96 granting approval of a variation to permit a gazebo to be constructed 11.5 feet from the rear property line for the property at 1304 East Thayer Street, Case No. ZBA-17-96. The motion was made by Mr. Cassidy and seconded by Mr. Brettrager. Upon Roll Call: AYES: Brettrager, Cassidy, Verhasselt and Basnik The motion was approved by a vote of 4-0. NAYS: None Respectfully submitted, Daniel Ungerleider, AICP Planning Coordinator MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS ZBA CASE NO. ZBA-18-96 PETITIONER: SUBJECT PROPERTY: PUBLICATION DATE: REQUEST: MEMBERS PRESENT: ABSENT: Hearing Date: October 24, 1996 TCI of Illinois 1201 Feehanville Drive October 9, 1996 (Journal) Variation to install two additional antennas/satellite dishes at the property for a total of eight antennas. Gilbert Basnik, Chairman Ronald Cassidy Jack Verhasselt Robert Brettrager Leo Floros Elizabeth Luxem OBJECTORS/INTERESTED PARTIES: Warren J. Kostak, Architect John Higgins, Du. Of Customer Satisfaction Ron Luitgaarden, Engineer Don Medrick, Resident Chairman Gil Basnik introduced Case ZBA-18-96, being a request for a variation to increase the number of permitted satellite dishes from one to eight antennas to permit the construction of two additional antennas at the TCI Communications facility at 1201 Feehanville Drive. Warren Kostak, Project Architect for TCI, summarized TCI's request for Village approval for the installation of two additional antenna satellite dishes at 1201 Feehanville Drive. Mr. Kostak explained that TCI is proposing to construct two new satellite dishes which will provide digital reception for the Village of Mount Prospect and the communities that TCI serves in this area. TCI will be constructing the fust satellite dish immediately and is seeking the Village's support to construct the second satellite dish within the next five years. Mr. Cassidy explained that he is concerned that the additional satellite dishes would have a negative visual impact on the surrounding properties. Mr. Kostak explained that the existing satellite dishes are located within a bermed area. The two new satellite dishes would be located within a brick enclosure, directly behind the existing facility. At this location the new satellite dishes would not have a negative visual impact on the surrounding properties. Mike Sims, Planner, presented staff's report. He stated that the variation was needed to install the two additional satellite dishes. Both proposed antennas would be ground -mounted and have a 4.5 meter diameter dish. He stated that the request for variation would not change the current ZBA-18-96 Page 2 zoning designation of I-1, Limited Industrial, and that the additional satellite dishes would be compatible with the surrounding land uses. Mr. Sims added that the petitioner's application states that the new antennas will provide digital TV service to the Mount Prospect market area. If the variation was not granted, TCI would not be able to provide the state of the art digital technology to the Mount Prospect market area. Since the request would not have a negative impact on the surrounding area, staff recommends approval of the variation to install two additional antennas/satellite dishes for a total of eight dishes for TCI Communications at 1201 Feehanville Drive, Case No. ZBA-18-96. Chairman Basnik asked the petitioner to explain how the other six existing satellite dishes were installed when the current Zoning Ordinance only allows one on the property. Mr. Kostak explained that the satellite dishes were installed previous to the regulations listed in the existing Code. Don Medrick, resident of Mount Prospect, stated that he agreed that the antennas would not have a negative visual impact on surrounding properties. However, he was concerned that there is an existing "buzz" emanating from that property. Mr. Medrick asked if there had been any research done on the possible health risks created by these satellite dishes. John Higgins, Director of Customer Satisfaction for TCI explained that, to his knowledge, these antennas only receive signals - they do not create transmissions and therefore, do not create possible health risks nor do they make any type of sound. Ron Luitgaarden, Engineer for TCI, explained that the satellite dishes only receive transmissions. However, TCI would be glad to investigate the sound and report back to the Village Board during the following scheduled Village Board hearings for this case. Chairman Basnik entertained a motion to approve the request for variation to increase the number of satellite dishes from one to eight antennas for the property at 1201 Feehanville Drive. The motion was made by Mr. Brettrager and seconded by Mr. Verhasselt. Upon Roll Call: The motion was approved 4-0. AYES: Brettrager, Cassidy, Verhasselt and Basnik NAYS: None Res ectfully sub itted, rxdi� Daniel Ungerleide , AICP Planning Coordinator