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HomeMy WebLinkAbout05/25/2000 ZBA minutes 17-2000 MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CASE NO. ZBA-17-2000 Hearing Date: May 25, 2000 PETITIONER: Michael & Kristen Kamer 610 S. Carol Lane PUBLICATION DATE: May 8, 2000 DAILFHERALD REQUEST: Variation to permit the construction of a fence approximately 3' inside the west property line and 9' inside the south property line. MEMBERS PRESENT: Merrill Cotten Leo Floros Elizabeth Luxem Richard Rogers Keith Youngquist Arlene Juracek, Chairperson MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Michael Blue, Deputy Director of Community Development Jeffery Perkins, Planner INTERESTED PARTIES: Michael & Kristen Karner Chairperson Arlene Juracek called the meeting to order at 7:32 p.m. Minutes of the April 27, 2000 meeting were approved. Ms. Juracek announced Cases ZBA-08-2000 and ZBA-13-2000, which were postponed to this meeting at the April 27 meeting, would be postponed indefinitely. At 8:09, after hearing two other cases, Ms. Juracek introduced Case ZBA-17-2000, a request for a Variation to permit the construction of a fence approximately 3' inside the west property line and 9' inside the south property line. Jeffery Perkins, Planner, introduced the case, stating that mailed notices and a newspaper legal had been provided and that a sign had been placed on the property. He indicated that the subject property is a house on an irregularly shaped lot with a rear yard that is partially enclosed by fences on adjacent properties and with utility easements and facilities along the side and rear lot lines. He described the applicant's proposal to finish enclosing the rear yard by building a 4' wood picket fence 9' offthe rear lot line and 3' offa side lot line and stated that the Zoning Code requires fences to be placed on property lines. Mr. Perkins described the petitioner's contention that the frequent maintenance of the existing utility lines would require removal and replacement of the fence whenever utility providers needed to service those lines. He also stated that placing the fence on the property line would be impossible in some areas, due to the location of those existing utility poles. Mr. Perkins stated that the location of utility lines on the subject parcel is unlikely to change and presents some unique difficulties for the property owners and discussed how those difficulties could be seen as a hardship. He added that building the fence offthe property line may create maintenance problems in the areas between it and the property line. He suggested that, if the ZBA would choose to grant the proposed Variation, it should include a condition that the applicant provide a gate to provide access for maintenance of that area. Based on positive findings regarding Zoning Code Variation Standards, Mr. Perkins gave Staff's recommendation of approval of the proposed Variation with the condition that the applicant include a gate. He stated that the ZBA decision is final for this case. oning Board of Appeals ZBA- 17-2000 Arlene Juracek, Chairperson Page 2 Arlene Juracek asked Mr. Perkins if he was proposing tile gate be put in tile south portion of tile fence. Mr. Perkins responded that it would be up to the petitioner where they wished tO place the gate. Richard Rogers asked if another condition of approval should be that a vegetable killer or stooes be placed there to avoid weeds. Jeff Perkins said a large portion of this property is landscaped by the petitioner and they would want to maintain that landscaping. Arlene Juracek asked Mr. Perkins which utilities were back there. Mr. Perkins responded that Ameritech, Corn Ed and cable television facilities were located in that area. Richard Rogers asked if the utility pole was on the property line. Jeff Perkins said it was at the corner of the property. Kristen and Michael Karner were sworn in and stated they had planned to include a gate at the south edge; their son would need the gate to get through to school. They stated they would be maintaining the landscaping and in Fact it would be a picket fence that would quickly show any lack of maintenance. They stated it was a difficult area to mow and that is why they put in a ground cover to keep it easy to maintain. Ms. Juracek said she had visited the area and did see that the petitioner's property is in a valley with the school and other neighboring properties higher. She said she aisc noticed pre-existing fences of the neighbors are in line with where there proposed fence would be. Ms. Juracek said the proposed fence location made sense. Richard Rogers made a motion to grant approval for Case ZBA-17-2000, a request for a Variation to permit the construction of a fence approximately 3' inside the west property line and 9' inside the south property line with the condition that a gate be included in the fence. Keith Youngquist seconded the motion. UPON ROLL CALL: AYES: Cotten, Floros, Luxem, Youngquist, Rogers, and Juracek NAYS: None Motion was approved 6-0. Zoning Board's decision is final in this case. At 9:20 p.m., after hearing two more cases, Elizabeth Luxem made motion to adjourn seconded by Richard Rogers. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Michael Blue (- -- Community Development Deputy Director