HomeMy WebLinkAbout04/25/2019 P&Z Minutes 09-191
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ -09-19 Hearing Date: April 25., 2019
PROPERTY ADDRESS: 1 S. Busse Road
PETITIONER: James V. Stapleton
PUBLICATION DATE: April I0,2019
REQUEST: VAR: required exterior side yard setback to allow
a privacy fence along West Central Road
MEMBERS PRESENT: Agostino Filippone
Walter Szymczak
Thomas Fitzgerald
Norbert Mizwicki
Joseph Donnelly
MEMBERS ABSENT: Lisa Griffin
Sharon Otteman
William Beattie
STAFF MEMBERS PRESENT Consuelo Arguilles - Deputy Director
Bill Cooney - Director of Community Development
Connor Harmon - Development Planner
Jason Shallcross — Development Review Planner
INTERESTED PARTIES: James V. Stapleton
Chairman Donnelly called the meeting to order at 7:02 pm. Commissioner Fitzgerald made a motion
seconded by Commissioner Filippone to approve the minutes from the Planning and Zoning Commission
meeting on March 14., 2019. The minutes were approved 5-0. Chairman Donnelly introduced case,
PZ -09-19 15. Busse Road, this case is Planning and Zoning Commission Final.
Mr. Harmon gave a brief description of the Subject Property and summary of the proposal
Mr. Harmon further explained the Petitioner proposes to construct a six foot (6') privacy fence that would
replace the existing nonconforming fence along the northern property line (exterior side yard), and extend
along the eastern and southern property lines. The fence along the southern property line is proposed to
be four feet (4') tall. The Zoning Ordinance does not allow solid fences within ten feet (10') of an exterior
side yard property line if the exterior side yard abuts the front yard of an adjacent lot; the adjacent lot,
1619 W. Central Road, has its front yard adjacent to the exterior side yard of the Subject Property. Thus,
a variation is needed to remove and replace the existing nonconforming fence along Central Road.
Planning and Zoning Commission Meeting- April 25, 2019 PZ -09-19
Joseph Donnelly,, Chair
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Mr. Harmon stated, Staff reviewed the request and finds that unique conditions exist that are not
generally applicable to other properties along Central Road. Staff researched and/or conducted site visits
of other corner properties along Central Road and found there are 37 single family residentially zoned
properties that have exterior side yards abutting Central Road, 3 of which abut a front yard of a
neighboring property, meaning their fence must be setback ten feet (10') from the exterior yard property
line. The Subject Property is one the 3 properties and the other two contain existing non -conforming
fences. All other single-family homes with fences have them erected on the property line that abut Central
Road.
Mr. Harmon stated that Staff finds the variation request meets the variation standards and therefore,
recommends that the Planning & Zoning Commission adopt staff findings in the staff report as the findings
of the Planning and Zoning Commission and Apjprove the following motion:
"To approve a variation to the fence location regulations to allow a solid fence along the northern exterior
side yard property line for the property located at 1 S. Busse Road,, Case No. PZ -09-19,, subject to the
following conditions:
a. The fence shall be setback one foot (I') from the northern property line,
b. The fence shall be subject to the sight triangle regulations set forth in the Village Code, and
c. The fence shall be consistent with the detail provided by Direct Fence, Inc,. dated May 15th,
2018.)11
He stated that the Planning and Zoning Commission's decision is final for this case.
Chairman Donnelly asked for clarification from staff regarding the front of the Subject Property.
Mr. Shallcross stated that the Subject Properties front yard is the western yard along Busse Road.
Chairman Donnelly swore in Brianna and James Stapleton 1 S. Busse Road Mount Prospect.
Mr. & Mrs. Stapleton gave a brief explanation as to why they need to put up the new fence. Mrs. Stapleton
stated their primary concern is the safety of their daughter and the current fence is deteriorated and
needs to be replaced.
The Petitioners state they understood the conditions set forth by the Village and will comply,
Hearing no further questions for the Petitioners, Chairman Donnelly opened the case to for public
comment.
Citizens to be heard.
William Millar 1619 W. Central Road-, The neighbor adjacent to the Subject Property had comments
regarding the height of the fence along abutting his property and the placement of a sewer easement
located in the area of the proposed fence.
Commissioner Fitzgerald stated that the Petitioner is allowed to place the fence anywhere on his property
and is allowed to have it vary in heights up to six feet tall.
Planning and Zoning Commission Meeting- April 2S,, 2019 PZ -09-19
Joseph Donnelly, Chair
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Hearing no further comments regarding the case he closed the public portion of the hearing.
Commissioner Fitzgerald seconded by Commissioner Filippone to approve the following motion:
"To approve a variation to the fence location regulations to allow a solid fence along the northern exterior
side yard property line for the property located at 1 S. Busse Road, Case No. PZ -09-19, subject to the
following conditions:
a. The fence shall be setback one foot (1') from the northern property line,
b. The fence shall be subject to the sight triangle regulations set forth in the Village Code, and
c. The fence shall be consistent with the detail provided by Direct Pence, Inc,,. dated May 15th,
201VI
UPON ROLL CALL: AYES: Fitzgerald, Mizwicki, Filippone, Szymczak, Donnelly
NAYS: None
The vote was approved 5-0 and the Planning and Zoning Commission's decision is final for this case.
After hearing one additional case Commissioner Fitzgerald made a motion seconded by Commissioner
Mizwicki and the meeting was adjourned at 7:26 pm.
M
Je0b Moder Administrative Assistant
Planning and Zoning Commission Meeting- April 25, 2019 PZ -09-19
Joseph Donnelly, Chair