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HomeMy WebLinkAbout06/24/2004 P&Z minutes 27-04 MINUTES OF THE REGULAR MEETING OF THE PLANl\¡1:NG & ZONING COMMISSION CASE NO. PZ-27-04 Hearing Date: June 24, 2004 PROPERTY ADDRESS: 212 Meier Road PETITIONER: Brian and Darinka Ferguson PIN#: 08-10-114-132-0000 PUBLICATION DATE: June 9, 2004 Journal/Topics REQUEST: Variation to allow a six foot fence MEMBERS PRESENT: Arlene Juracek, Chair; MeITill Cotten, Joseph Donnelly; Leo Floras; Richard Rogers, Keith Youngquist MEMBERS ABSENT: Matthew Sledz STAFF MEMBERS PRESENT: Michael Jacobs, AICP, Deputy Director of Community Development; INTERESTED PARTIES: Brian & Darinka Ferguson Chairperson Arlene Juracek called the meeting to order at 7:33 p.m. Joe Donnelly made a motion to approve the minutes of the meeting and Leo Floras seconded the motion. The minutes were approved 5-0, with one abstention by Merrill Cotten. Ms. Juracek announced there were four cases on the agenda but two had been continued. PZ-26~O4 had not been noticed in the paper and did not need to be voted but PZ-25 had been noticed and needed to be voted to be continued. Richard Rogers moved to continue PZ-25-04 and Leo Floros seconded the motion, which was approved 6-0. At 7:34 p.m., Ms. Juracek introduced Case No. PZ-27-04, a request for a Variation to allow a six-foot fence. She noted that the request would be P&Z final. Michael Jacobs, Deputy Director of Community Development, presented the case. A public hearing has been scheduled for the June 24, 2004 Planning & Zoning Commission meeting to review the application by Brian & Darinka Ferguson (the "Petitioner") regarding the property located at 212 Meier Road (the "Subject Property"). The Petitioner has requested a Variation to allow the construction of a 6-foot high fence along the Subject Property's rear lot line. The P&Z hearing was properly noticed in the June 9, 2004 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. The Subject Property is located on the west side of Meier Road, north of White Oak Street, and contains a single-family residence with related improvements. The Subject Property is zoned Rl Single Family Residence and is bordered on all sides by the Rl District. The Subject Property abuts portions of two properties to the west; one is an existing day care facility, 2112 White Oak, Street while the other is a single-family residence, 211 Prairie Avenue. The Petitioner, as well as the two property owners south of the Subject Property, would like to install a 6' fence along their rear lot line. The Zoning Ordinance permits fences up to 6' in height between residential and non- residential uses and fences up to 5' in height between residential uses. In this case, the two property owners to the south of the Subject Property are permitted to install a 6' high fence along their rear lot lines because their entire property abuts the existing day care facility. However, the Subject Property only abuts 27 linear feet of the day care facility and 43 linear feet of a single-family residence. Therefore, the Petitioner is permitted to instaU 27 linear feet of a 6' fence and would have to reduce the height of the fence to 5' for the 43 linear feet that abuts the single-family residence. ......m,,~...,.....w.'.'.'.'.'.w.~.~.w.'.w.'.'o...'o.,o...~ ................. . ".mnmm"""""',",..m...' 'n._. .. -................................... ,"'n"""""""'.......m.n'm~"""'" .................... Planning & Zoning Commission Arlene Juracek, Chairperson PZ-27-04 Page 2 In order to approve the Petitioner's request to instaìl the same 6-foot tall fence along their rear lot line, the P&Z has to find that the request meets the standards for a Variation, which are listed in the Zoning Ordinance. The A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; lack of desire to increase financial gain; and protection of the public welfare, other property, and neighborhood character. The Petitioner is seeking a Variation to install 43 linear feet of fence that is one foot taller than the maximum height pennitted by the Zoning Ordinance. Staff conducted a site inspection and found that the Subject Property is at a similar grade as the surrounding properties. However, the Subject Property and other properties on Meier Road (north of \\-Yhite Oak Street) were platted off-center in comparison to the Prairie Avenue properties. Consequently, several properties on Meier Road abut multiple properties on Prairie Avenue. The Petitioner's request to maintain the 6' fence height for 43 linear feet is a reasonable request and the need for a Variation could be attributed to the off~centered manner in which the Meier Road properties were platted. The proposed 6' fence height would not adversely impact the neighborhood character, public welfare or other properties. In addition, Staff spoke to the property owner at 211 Prairie Avenue and was informed that they do not object to the Petitioner's request and do not have plans to install a fence along their rear lot line. In addition, the property north of the Subject Property has an existing, newer fence, and proposed the 6' fence would not be continued along Meier Road, Based on this analysis, Staff recommends that the Planning & Zoning Commission approve the Variation request to install a 6-foot high wood fence along the rear lot line as indicated on the Petitioner's exhibit for the residence at 212 Meier Road, Case No, PZ-27-04. The Planning & Zoning Commission's decision is final for this case. Mr. Ferguson was sworn in and testified that he and his neighbor at 214 Meier Road wished to install the 6' fence. He stated the neighbor already had a permit to do so. Mr. Floros asked if there had been a fence along that property line and Mr. Ferguson said there had been a 3' chain link fence that they had removed when they had removed some shrubbery. At the 214 address, there is a fence on the Day Care property. Mr. Rogers asked what kind of trees would be removed. Mr. Ferguson said some 12" old trees had been removed. Ms. Juracek asked if the Day Care operators were present to answer some questions. Laura Rackidge, 524 S. Ridge, Arlington Heights, was sworn in. Ms. Juracek asked her if anyone is living in the building on White Oak at present and how long has it been operated as a school. Ms. Rackidge said no one lived there and it had been a Day Care for 25 years and her intention is to stay in business for a long time. Mr. Donnelly asked about the configuration of the fencing at the back of her property, Ms. Rackidge asked her husband to explain that. Ed Rackidge was sworn in and said there used to be a garage that had a fence cordoning it off and had been torn down but the fence was left as is. ML Donnelly asked if the property was required to be fenced completely by law because they were a Day Care. They said they were completely fenced in. The Board asked if they had any opposition to the Ferguson's request for a (j' fence and they said no. Al Samerlolo, 214 Meier Road, was sworn in and said he had a permit to construct a 6' fence at the back oftheir property, a scalloped fence, the same as proposed by the Fergusons. Ms. Juracek closed the Public Hearing at 7:48. Richard Rogers made a motion to approve the request for a Variation to allow a six-foot fence, PZ-27-04. Joe Donnelly seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Youngquist and Juracek Planning & Zoning Commission i\rlene Juracek, Chairperson PZ-27 -04 Page 3 NAYS: None Motion was approved 6-0. At 7:55 p,m., Joe Donnelly made motion to adjourn, seconded by Richard Rogers. The motion was approved by a voice vote and the meeting was adjourned. Michael Jacobs, AICP Deputy Director of Community Development H\PLAN\Planning & Zoning COMM\P&Z 2004\Minutes\PZ-27,Q4 212 Meier Rd Ferguson Residence,doc ""',','CC'C'.'.'.<'.'.'.'.'.'.'.'.<'N.'.'.'.'.'.'.'.'m>.w.'.'.'.'.'.'.'m.'.=.'.w.~~.w.'.w~.'.w>.'.w.w.'.'.",',~m~.'..'.'.'m,'.'. ...'.'.'..'.'.'..'.'.',.'.'"',..-...-",,,......nn'n'" ",..........,. "