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HomeMy WebLinkAbout08/23/2018 P&Z Minutes 12-18I MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -12-18 Hearing Date: August 23, 2018 PROPERTY ADDRESS: 15-19 N. Elmhurst Avenue PETITIONER: Rich Bondarowicz PUBLICATION DATE: August 8, 2018 REQUEST: Variation to fence height MEMBERS PRESENT Thomas Fitzgerald Agostino Filippone Sharon Otteman Norbert Mizwicki Walter Szymczak Lisa Griffin Joseph Donnelly, Chair MEMBERS ABSENT: William Beattie STAFF MEMBERS PRESENT: Consuelo Arguilles-Deputy Director of Community Development Connor Harmon- Development Planner INTERESTED PARTIES: Rich Bondarowicz Chairman Donnelly called the meeting to order at 7:00 pm. Commissioner Filippone made a motion seconded by Commissioner Fitzgerald to approve the minutes from the Planning and Zoning Commission meeting on June 28, 2018. The minutes were approved 6-0 with Commissioner Otteman abstaining. Chairman Donnelly introduced case, PZ -12-18 as 15-19 N. Elmhurst Avenue and stated the case is Village Board final. Mr. Harmon gave a brief description of the Subject Property and proposal stating the Petitioner is seeking a variation to the maximum fence height regulation of six feet (6') in order to construct an eight foot (8') tall composite wood privacy fence along the northern, eastern, and southern property lines. Mr. Harmon briefly discussed the standards for a variation and stated, per the petitioner, a hardship exists due to the Subject Property being adjacent to a cemetery and a post office. He further explained, per Staff's review, the variation request meets the variation standards and based on the findings, Staff recommends that the Planning & Zoning Commission adopt staff August 23, 2018 Planning and Zoning Commission PZ -12-18 Joseph Donnelly, Chair findings in the staff report as the findings of the Planning and Zoning Commission and approve the following motion: "A variation to the fence height regulations to allow an eight foot (8') fence along the northern, eastern, and southern property lines for the property located at 15-19 N. Elmhurst Avenue, subject to the following conditions: 1. The fence shall be consistent with the detail provided by Derrick Architecture, dated July 91', 2018; 2. The fence location shall be consistent with the Site Plan provided by Derrick Architecture, dated July 9t', 2018." Chairman Donnelly confirmed that the proposed eight foot (8') fence would stop at the building line and not affect the setbacks. Mr. Harmon confirmed that was correct. Commissioner Filippone asked which entity was responsible for the maintenance of the property between the proposed fence and the chain link fence along the post office property. Mr. Harmon stated that, per the Petitioner, once the fence is constructed (no matter the height) the post office agreed to take down their chain link fence. Mrs. Arguilles clarified that the proposed fence is within he subject property lines and any property maintenance between fences will be the responsibility of the property owner. Chairman Donnelly swore in Rich Bondarowicz 944 Scarsdale Court Arlington Heights, Illinois. Mr. Bondarowicz gave a brief explanation as to why the eight foot (8') fence is needed on the subject property. He stated that the noise from the post office is significant and not only negatively effects the subject property but other neighboring properties as well. Mr. Bondarowicz addressed the following concerns: • Reiterated that the current fence along the subject property is in poor condition and has confirmation and support from the post office that it will be removed and replaced with the proposed fence which will be maintained by the subject property. • Stated that the they (Petitioner) have already removed trees that were fifty percent (50%) dead on the cemetery property and replaced them with twenty seven fast growing trees. He spoke with great certainty about the additional screening the trees will provide. Commissioner Mizwicki asked if there is a curb along the post office. Mr. Bondarowicz stated that there is a curb and it is maintained by the post office. He reiterated that they are trying to be good neighbors and increasing the quality of the screening by adding in trees and a taller fence. August 23, 2018 Planning and Zoning Commission PZ -12-18 Joseph Donnelly, Chair Commissioner Filippone verified that no formal noise complaints against the post office have made, and asked why the fence height variation wasn't part of the first submittal. Mr. Bondarowicz stated that it was an oversite on his part. There was general discussion regarding the need for the extra two feet (2') of fence and if it would actually be helpful in muffling sound from the post office. Citizens to Heard: Tim Gagner, 5 N. Pine Street- Neighbor to the east of the Subject Property, stated that the neighbors along the south would be in favor to the eight foot fence. He agreed that the noise from the post office is a nuisance. He further stated he is in support of the eight foot fence on the south and east side of the Subject Property as long as the neighbors can get the same variance on the west side of Pine Street for their single family homes. He is not in favor for the north side of the fence to be eight feet. Mike LoRusso, 14 N. Pine Street- Stated he is in support of Mr. Gayner's letter submitted to the Commission and is asking the commission make a concession to the single family home owners that abut the post office property be allowed to have an eight foot fence as well. He confirmed that the noise from the post office is terrible and at all hours of the day. Bonny Scott, 12 N. Pine- Stated she is in support of the eight foot (8') fence but wants to be able to put in an eight foot (8') fence along the side of her property to shield the noise from the post office. She also stated her concerns about the Petitioner doing construction on weekend mornings and that there shouldn't be a fence along the cemetery. She also stated that she believes the post office will not take care of the weeds. Chairman Donnelly asked Staff if the citizens' request to have an eight foot (8') fence permissible. Mrs. Arguilles stated that in certain circumstances eight foot (8') fences have been allowed. For example, single family homes that border railroad tracks. She stated that the variation before the board is only for the Subject Property; however, the residents are allowed to submit the same variation request regarding their own properties. Mrs. Arguilles also stated that the Village will follow up on the parking lot maintenance with the post office. There was general discussion between the Commissioners regarding fence height variations at other properties and similarities, if any, to the Subject Property. Commissioner Griffin asked why Mr. Gayner was opposed to the fence along the north side of the property. Mr. Gaynor stated he was against the removal of the already matured trees. August 23, 2018 Planning and Zoning Commission PZ -12-18 Joseph Donnelly, Chair 11 Commissioner Filippone responded that the Petitioner already explained that the removed trees were mostly dead and needed to be removed. He further stated he believed the Petitioner did a great job in replacing the trees. Chairman Donnelly closed the public portion of the hearing and brought the discussion back to the Commission. He stated he doesn't believe the two extra feet of fence will make a difference in the noise on the Subject Property. There was general discussion between the Commissioners about the request and the validity of the hardship presented. Commissioner Otteman made a motion seconded by Commissioner Fitzgerald to approve the following motion: "A variation to the fence height regulations to allow an eight foot (8') fence along the northern, eastern, and southern property lines for the property located at 15-19 N. Elmhurst Avenue, subject to the following conditions: 1. The fence shall be consistent with the detail provided by Derrick Architecture, dated July 91', 2018; 2. The fence location shall be consistent with the Site Plan provided by Derrick Architecture, dated July 9t', 2018." UPON ROLL CALL: AYES: None NAYS: Otteman, Fitzgerald, Mizwicki, Filippone, Szymczak, Griffin, Donnelly The request for fence height variation was denied by a vote of 0-6. 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 Filippone and the meeting was adjourned at 8:07 pm. Jenna I' Moder Jenna Moder, Community Development Department August 23, 2018 Planning and Zoning Commission PZ -12-18 Joseph Donnelly, Chair