HomeMy Public PortalAbout2007-06-05 ZBA MinutesVillage of Plainfield Zoning Board of Appeals Record of Minutes Date: June 5, 2007 Location: Village Hall Chairman Sobkoviak called the Zoning Board of Appeals and Plan Commission meeting s to order at 7:05 pm. Chairman Sobkoviak, and Commissioner s Kachel and Bonuchi were sworn in by the Village Clerk, Michelle Gibas, for their terms of office. Ex Officio Commissioners Sanders and Cox were also sworn in. Chairman Sobkoviak then took and brief recess and closed the Plan Commission meeting and l eft open the Zoning Board of Appeals meeting to hear the pending case. ROLL CALL: Present: Commissioners Kachel, McKay, Renzi, Murawski, Bonuchi and Chairman Sobk oviak, Park District, School District, and Fire District . Ex Officio Commissioners Cox and Sanders were also present. Absent: Commissioner O’Rourke, Library District, and Police Department Also Present: Michael Garrigan – Village Planner Village of Plainfield, Jonathan Proulx - Planner II Village of Plainfield, Sara Leach - Planner I Village of Plainfield, Carol Millan – Secretary Village of Plainfield, and Neil Eicholtz, Baxter and Woodman MINUTES: The May 15, 2007 minutes were approved as presented. NEW BUSINESS CASE: 1313 -041607.V 14502 CAPITAL DRIVE Request: Fence Variance (Public H earing) Location: 14502 Capital Drive Liberty Grove Subdivision Applicant: Christopher & Rose Ziemba Time: 7:20 p.m.
Village of Plainfield Zoning Board of Appeals Minutes June 5, 2007 Page 2 of 4 Jonathan Proulx summarized the staff report. He wanted the record to reflect that all notices have been published and posted in accor dance with State Statute and local ordinances for a public hearing. The site is located at the southwest corner of the intersection of Presiden tial Avenue and Capital Drive , which is located on the westerly side of the Liberty Grove Subdivison. The subje ct project abuts the undeveloped farm fields in unincorporated Will County to the west of the subject site. This is a corner lot with the home facing Capital Drive. The corner side yard is located adjacent to Presidential Avenue. This variance request is related to a medical condition of a family member. The lot do es slope downward both east to west and n orth to south to a low point in the southwest corner of the lot where there is a storm sewer. The primary justification for the variance is that th e petitioner’s 3 year old son is autistic and staff has medical records that demonstrate the medical need for physical therapy. Jonathan went through the findings of fact. The fence would allow for recreational equipment that would be used for the phy sical therapy. Also, the close proximity to Presidential Avenue that will carry higher volumes of traffic in the future further states the need for the fence variance. If the variance would not be granted the homeowner would need to move to another loca tion to meet the needs of the family. Staff stated that if circumstances would change at the home provisions could be made for relocating a portion of the fence that would be in noncompliance with the Zoning Code, for example if the home were to be sold . Staff proposed a stipulation to that effect. Staff believes this is one of the circumstances where the fence variance is warranted and recommends a favorable recommendation from the Plan Commission. Chairman Sobkoviak asked the petitioner to come to t he podium and swore in the petitioner. Petitioner is Christopher Ziemba. Mr. Ziemba would like the stipulation that the fence be removed if there was a change in circumstance, ex. if the house were sold or there was a change in medical conditions of th e petitioner's son, be removed. He went on to say that he felt this would present a financial hardship. Chairman Sobkoviak asked in what way this represents a hardship. The petitioner went on to say the expense to remove that section of the fence woul d have to be paid if the home were sold. Chairman Sobkoviak stated it is imperative that this stipulation is there because if it were not for the medical condition of the petitioner’s child, the petitioner would not be eligible to get the variance. Chai rman Sobkoviak stated the Village is obligated by the ADA to grant the variance; however, the Village is not obligated to let it persist when the need for it no longer exists. The Village needs to have closure. Chairman Sobkoviak asked if there was any one in the audience that cared to ask a question or make a comment regarding this case. Garrett Peck was sworn in before he gave his testimony. He also is a resident of Liberty Grove. He is in favor of the Commission granting the variance for Mr. Ziem ba.
Village of Plainfield Zoning Board of Appeals Minutes June 5, 2007 Page 3 of 4 There was no further response from the audience. Chairman Sobkoviak then asked if the Commissioners had any questions. Commissioner Renzi asked if the petitioner had to go all the way to the sidewalk. He stated now there are no residences to the w est, but some day that could be developed. Jonathan stated he had not discussed whether the fence could be set back from the sidewalk with the petitioner and invited the petitioner to address that. Mr. Ziemba stated the fence could be 1 to 1 -1/2 feet o ff the sidewalk and he could work with the Village. He stated the only area that is fairly level to place equipment for his son’s therapy would be in that flat area. So, that is why they were proposing to have the fence go out as far as possible. He sta ted they could work with the Village. Commissioner Kachel had concerns about the development of the adjacent area in the future. Commissioner Sanders asked if the topography of the lot was not suitable for physical therapy equipment. Jonathan stated tha t was the case. Chairman Sobkoviak stated it needs to be understood the sole reason for recognizing this variance is due to the medical conditions as stated and documented by the petitioner. The stipulation needs to be emphasized regarding the recordin g of the acknowledgement that the fence needs to be removed or relocated if there is a change of conditions. At 7:35 p.m. Commissioner Kachel moved that the Plan Commission recommend approval of the requested variance to permit a fence to be placed in the corner side yard of the property located at 14502 Capital Drive (lot 448 of Liberty Grove, Unit 6), subject to the following one (1) stipulation: 1. Recording of an acknowledgement that the fence in the corner side yard area is to be removed or relocated to comply with the fence regulations of the Zoning Ordinance upon a change in circumstances (e.g. sale of the home, change in medical condition) that eliminates the need for the fence in the corner side yard area. Commission Renzi seconded the motion. A ye: Kachel, McKay, Renzi, Murawski, Bonuchi, Chairman Sobkoviak Nay: 0 The motion is carried 6:0
Village of Plainfield Zoning Board of Appeals Minutes June 5, 2007 Page 4 of 4 As there was no further business for the Zoning Board of Appeals Commission, Chairman Sobkoviak adjourned the meeting at 7:37 p.m. ________________________ Respectfully Submitted Carol Millan Planning Secretary – Village of Plainfield