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HomeMy WebLinkAbout05/27/2004 P&Z minutes 24-04 MINUTES OF THE REGULAR MEETING OF mE PLANNING & ZONING COMMISSION CASE NO. PZ-24-04 Hearing Date: May 27, 2004 PROPERTY ADDRESS: 200 N, MacArthur Drive PETITIONER: Eileen and Brian Kintzler PIN#: 03-33-407 -016-0000 REQUEST: Variation to erect an 8' fence MEMBERS PRESENT: Arlene Juracek, Chair; Joseph Donnelly; Leo Floros; Richard Rogers; Matthew Sledz; Keith Youngquist MEMBERS ABSENT: Merrill Cotten STAFF MEMBERS PRESENT: Michael Jacobs, AICP, Deputy Director of Community Development; Judy Connolly, AICP, Senior Planner INTERESTED PARTIES: Eileen Kintzler Chairperson Arlene Juracek called the meeting to order at 7:34 p.m. Richard Rogers made a motion to approve the minutes of the April 22, 2004 meeting and Keith Youngquist seconded the motion. The minutes were approved 5-0, with one abstention by Joe Donnelly. At 7:45 p.m., Ms. Juracek introduced Case No. PZ-22-04, a request for a Variation to erect an 8' fence. She noted that the request would be P&Z final. Judy Connolly, Senior Planner, presented the case. She noted that the Subject Property is located on the north side of Northwest Highway, between Dale and Forest Avenues, and contains a single~family residence with related improvements. The Subject Property is zoned RX Single Family Residence and is adjacent to the B 1 Business Office District to the west, the RX District to the north and east, and the 12 Railroad District to the south. The Petitioner proposes to install an 8-foot high wood fence along the rear lot line and have it wrap along a portion of the west lot line, The proposed fence is intended to provide screening and privacy from the adjoining commercial use, State Farm Insurance Agency, and Northwest Highway. As you may recail, the Village removed the scrub plantings along the north side of the Northwest Highway right-of-way from Forest Avenue to the State Farm Insurance building last fall. The Village instaHed a new sidewalk and planted a row of arborvitae to help screen the properties. The hedge line is expected to grow to a height of 10 to 15 feet. The new plantings are maturing, however, the current density does not screen the properties to the same extent as the previous scrub plantings. Therefore, the Petitioner would like to install a wood fence to provide privacy and minimize vehicle noise fro.m Northwest Highway. The Petitioner researched fence styles and found that em 8-foot high wood fence located along the rear lot line would best screen the Subject Property and provide them with the most privacy. After meeting with Staff and learning that the Zoning Ordinance only allowed fences up to 6-feet in height along the rear lot line of the Subject Property, the Petitioner researched installing a 6-foot fence versus an 8-foot fence. The Petitioner stated in their application that the grade change requires a taller fence in order to screen the Subject Property and that a 6-foot high fence would not be adequate for the Subject Property. Staff conducted a site visit and found that the Subject Property is at least two-feet lower than the grade at the Northwest Highway right-or-way. A topographical map indicates the contour lines and documents the Petitioner's statement regarding the existing grade change. The standards for a Variation are listed in the Zoning Ordinance and include specific findings that must be made in order to approve a Variation. These standards relate to: a hardship due to the physical surroundings, shape, or topographical conditions; lack of desire to increase financial gain; and protection of the public welfare, other property, and neighborhood Planning & Zoning Commission Arlene Juracek, Chairperson PZ-24-04 Page 2 character. The Petitioner is seeking a Variation to install a fence that is two feet taller than the maximum height permitted by the Zoning Ordinance. Topographical maps and site inspections completed by Staff confirm that Northwest Highway has a five-foot grade change from Forest Avenue to the State Farm Insurance building. In addition, the Subject Property experiences the most significant grade change of the properties that abut the Northwest Highway right-of-way. The request meets the standards for a Variation because: 1) the significant grade change is somewhat unique to the Subject Property; 2) the taller fence is intended to provide privacy for the Petitioner; 3) the hedge line planted in the Northwest Highway right-of-way would screen the wood fence from Northwest Highway and would not adversely impact the neighborhood character. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the Variation request to install an 8-foot high wood fence along the rear lot line and a section of the interior lot line as indicated on the Petitioner's exhibit for the residence at 200 MacArthur Blvd, Case No. PZ-24-04. The Planning & Zoning Commission's decision is final for this case. Joe Donnelly asked what the vacant land was between the subject property and the neighbor to the south. Ms. Connolly said that was a right-of-way that could not be closed up,. Ms. Juracek pointed out that the Commission had recently approved an 8' fence on Rand Road between a residence and a business. Mr. Youngquist noted that this was a huge grade change on that property and that when the arborvitae had been removed much more noise from the traffic and the trains could be heard throughout the neighborhood. Ms. Eileen Kintzler, 200 N. MacArthur Drive, was sworn in. She testified that they were not aware of the large grade difference and had always assumed that if the arborvitae were ever removed they could replace it with a 6' fence. When it was removed they were very surprised to find how accessible they were to Northwest Highway and how accessible Northwest Highway was to their three small children, and that they would need an 8' fence because of the drastic difference in grade levels. The noise level from traffic and trains has increased tremendously as has garbage and debris from trucks and passers-by. She has spoken to her neighbors and they have no objections. She also submitted a petition from the neighbors indicating support of her application. They will leave in place any remaining arborvitae to obscure the height of the fence. Richard Rogers said the fence will still appear to be 6' tal! from the Northwest Highway. Ms. Juracek said fences do not need to be on the property line and Mr. Donnelly suggested Ms. Kintzler leave space between the arborvitae and fence so they have room for maintenance. There were no speakers from the audience and Ms. Juracek closed the Public Hearing at 7:54. Richard R\1gers made a motion to approve the request for a Variation to erect an 8' fence, Case No. PZ~24-04. Joe Donnelly seconded the motion. UPON ROLL CALL: AYES: DonneHy, Floras, Rogers, Sledz, Youngquist and Juracck NAYS: None Motion was approved 6-0. At 11:05 p.m., Richard Rogers made motion to adjourn, seconded by Matt Sledz. The motion was approved by a voice vote and the meeting was adjourned. Planning & Zoning Commission Arlene Juracek, Chairperson PZ-24-04 Page 3 Michael Jacob, AICP Deputy Direc or of Community Development H:\I'LAJ'I\Planning" Zoning COMM\P&:Z 2004\M;nut..\PZ-24-04 200 N MacArthu, Dr Kintzl., Residence.åoc