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HomeMy WebLinkAbout06/28/2001 ZBA minutes 11-2001 MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CASE NO. ZBA-11-2001 Hearing Date: Sune 28, 2001 PETITIONER: Kathryn & Patrick Kohl 303 South George Street PUBLICATION DATE: June 13, 2001 Journal/Topics REQUEST: Variation to allow two perimeter fences along the same lot line MEMBERS PRESENT: Hal Ettinger Leo Floros Richard Rogers Arlene Juracek, Chairperson MEMBERS ABSENT: Men'ill Cotten Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Mike Blue, AICP, Community Development Deputy Director INTERESTED PARTIES: Kathryn & Patrick Kohl Jill Lumberger Chairperson Arlene Juracek called the meeting to order at 7:47 p.m. The minutes of the May 24, 2001 meeting were approved 4-0. Ms. Juracek introduced Case No. ZBA-11-01, a request for a Variation to allow a double fence along the same lot line. Judy Connolly, Senior Planner, introduced the staff memorandum for the case. She reported that the subject property is an existing home located on an interior lot on a single-family residential street and there is a three-foot, wooden, horizontal-slat style fence on the adjacent residential property south of the subject property. She said the petitioners discussed removing the existing fence with the property owner who owns the fence and installing the proposed 5-foot shadow-box style fence but the neighbor declined the petitioners' offer to remove the existing fence, at the petitioners' expense, and installing a new fence. Ms. Counolly said the applicants propose to construct a 5-foot shadow-box style fence along their south lot line and, since the Zoning Ordinance permits only one fence per lot line, the petitioners are seeking a variation to allow two fences along the same lot line. Ms. Cormolly explained that, in order to approve the requested variation, the ZBA has to make findings of fact that the request meets the standard for a variation. She reviewed the standards for the Board. Ms. Connolly said staffreviewed the petitioners' plat, visited the site, and found that the subject parcel is typical of most lots in the Village. The Zoning Ordinance permits only one fence per lot line in order to ensure that the fence and surrounding area is maintained. In this case, the existing and proposed style of fences will prov/de the property owners with adequate means to maintain the fences and surrounding area and the neighbor indicated that he did not object to the petitioners' request to install a new fence. Ms. Connolly said staff concluded that the petitioners tried to comply with code requirements, but were unsuccessful for reasons out of their control. Therefore, the code is imposing a hardship on the petitioners. Installing a second fence along the lot line will not adversely impact the character of the neighborhood or the public welfare since the existing fence and the proposed fence allow for both to be maintained and, in addition, aesthetics is not an issue since the property owner who has to view the two fences does not object to the situation. Ms. Connolly pointed out that the proposed second fence meets the Variation standards contained in the Zoning Ordinance. Based on these findings, staff recommends that the ZBA approve a Variation for a second perimeter fence along the south lot line for the residence at 303 S. George Street, Case No. ZBA-11-01. The Zoning Board's decision is final for this case. oning Board of Appeals ZBA-11-2001 Arlene Juracek, Chairperson Page 2 Ms. Juracek asked Ms. Connolly if public notice had been given and Ms. Connolly said yes. She asked if the petitioners wished to address the Board. Kathryn and Patrick Kohl were sworn in and stated they wished to reiterate Ms. Connolly's comments regarding aesthetics and to stress the issue of safety. They have three small children and the neighbor has two large Dobermans. The dogs wear collars for an electric fence but, if their collars are not in place, can easily jump over the present fence. They said they had a good relationship with their neighbor but he refused to take the fence down as it has sentimental value to him; his father built the fence over 60 years ago. Hal Ettinger asked what type of fence they planned to install. Mr. Kohl said they would install a wooden board-on- board fence with 6" of space between the two fences. Richard Rogers asked the age of the dogs and if they are always outside. Mr~ Kohl said the dogs were 2 & 6, and they have a "doggie-door" and come out whenever they choose. Chairperson Arlene Juracek said she had received letters from neighbors in support of the proposed fence. At 7:58, Ms. Juracek closed the public hearing and asked for discussion from the Zoning Board members. Mr. Floros said he thought this was a discrete request. Ms. Cormolly said she had not heard of a similar request in four years. Ms. Juracek said he was not aware ora similar request and remarked that, since the fence was so old, it might remove itself shortly. As there was no further discussion, Richard Rogers moved for approval of, Case No. ZBA-11-01, a request for a Variation to allow two fences along the same lot line. Leo Floros seconded the motion. UPON ROLL CALL: AYES: Floros, Ettinger, Rogers, and Juracek NAYS: Motion was approved 4-0. At 10:10 p.m., after hearing five more cases, Richard Rogers made a motion to adjourn, seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Judy Connolly, Senior Planner