HomeMy Public PortalAbout2006-09-05 ZBA MinutesVillage of Plainfield Zoning Board of Appeals Record of Minutes Date: September 5 , 200 6 Location: Village Hall Chairman Sobkoviak called the meeting to order at 7:0 0 pm. Roll Call Present: Commissioners Henry, O’Rourke, Kachel, Renzi McKay, Murawski, Sobkoviak Absent: None Minutes The minutes from the June 20, 2006 and June 27, 2006 meetings were accepted as presented. New Business CASE: 12 59 -071906.V 12761 STELLER LANE Request: Variance (Public Hearing) Location: 12761 Steller Lane Applicant: Mark & Ellyn Hauber Time: 7:02pm Jim Donahue announced that this was a public hearing being held in accordance with all applicable rules and regulations of the Village of Plainfield and the State of Illinois. He read the staff report. Chairman Sobkovi ak swore in Ellyn Hauber who said that wh en she moved in, an extensive am oun t of landscaping was put in without anticipation of a fence. However, she now own es two dogs that require d a lot of room to run. She had a large amount of landscaping, and no one in the neighborhood wanted the fence where the Village required it. Chairman Sobkoviak opened up the floor for public comment. There was no response. Ms. Hauber understood being cautious, but she felt that she had a unique situation with a side -load ga rage. She entered into public record the letter of support from the Homeowners Association . She asked that she be allowed to do this as others in the Village had been allowed . Chairman Sobkoviak said that some homes might have pre -dated the ordinance as this ha d not been allowed in recent times .
PLAN COMMISION MINUTES SEPTEMBER 5, 2006 PAGE 2 Commissioner Murawski asked for specifications on the fence. Ms. Hauber showed them and said that she was will ing to go down to 3 or 3.5 feet. She wanted to be cautious with children in the area and said that there wa s als o a lot of traffic in this area. She also said that it was difficult to continue leashing the dogs. Commissioner McKay asked about the possibility of an electric fence, and Ms. Hauber said that she also wanted the fence to keep neighborhood kids out . Commissioner Kachel said that the Village had a problem with side yard fences in the past and asked about an electric fence with larger landscaping. Ms. Hauber said that her current dogs need ed physical barriers . S he was told not to bother try ing for a variance, but she did not understand this as it did not provide a safety or aesthetic concern . Commissioner Kachel said that it set a precedent , but Ms. Hauber said that she just wanted to continue to keep the dogs safe . Commissioner O’Rourke a sked for clarification on a paragraph , and Ms. Hauber explained a typo in the memo. It should have read that the dogs would not intentionally harm the children . Commissioner Renzi understood what was being said but said that the problem came with the Aug ust amendment to the zoning code. W ith the four findings of fact, there we re strong arguments for B and C; however, b ecause the hardships we re self -imposed, the Zoning Board wa s charged with upholding the ordinances. A d iscussion ensued regarding the Aug ust amendments. Commissioner Renzi said that this was not amended to allow for uni que circumstance. Ms. Hauber asked how to amend the ordinance, and Chairman Sobkoviak said that the Village has a round of public hearings to examine this. He also said that advice ha d been given to the Village that it wa s undesirable to have fences in the corner side yards. He noted that the Village felt strongly about this. Ms. Hauber said that there was an entirely enclosed split -rail fence at 135 th Street and V an D y ke Road, and the neighboring communities did not have this . Chairman Sobkoviak said that an exc eptional hardship must be shown, and the commission had to meet the findings of fact to grant a variance. He said that m ost of the findings were not met in thi s case, and a discussion ensued regarding special -needs for child ren and high traffic areas. Commissioner O’Rourke felt that a compromise could be met with fencing placement and landscaping; he sympathized and could not vote on this based on the ordinance . He asked h ow the ordinance could be changed. Mr. Donahue said that this was requested in 2005, and the Plan Commissio n and Village Board denied it. Commissioner O’Rourke asked, if the petitioner felt strongly about this , how she would go about changin g it. Mr. Donahue said that she would have to go through the public hearing . Commissioner Renzi said that at that proceeding, he abstained , but with the zoning ordinance cha nge, he would be able to vote. Commissioner Henry said that the Zoning Ordinance was discussed with the Zoning Commission, and it was decided that this would not be change d . He also said that t he Plan Commission re -affirmed the fencing issues.
PLAN COMMISION MINUTES SEPTEMBER 5, 2006 PAGE 3 Commissioner Kachel suggested putting a hedge up that was allowable within the Village . R egarding square footage , Commissioner McKay asked what the rough estimate was t hat the V il l a g e allowed. A discussion ensued regarding this, and it was determined that t he ordinance was standin g when the house was purchased. The commission also said that several variance reques ts had been brought for ward, and the precedence issue wa s tricky. Ms. Hauber said that she d id have to notify the neighbors , and she felt that they had a strong case . Commissioner Henry moved to accept the Findings of Fact as outli ned in the staff report and recommend denial to the Board of Trustees of the requested variance to permit placement of a fence within an area prohibited for fences as defined in the Zoning Ordinance for the property located at 12761 Stellar Lane . Commissi oner Kachel seconded the motion. Chairman Sobkoviak called for a vote by roll call. Aye: Henry, Renzi, McKay, Kachel, O’Rourke, Murawski, Sobkoviak Nay: None The motion is carried 7 :0 :0. This would most likely go forward to the Village Board in October. Commissioner Renzi asked that the applicant be notified of the Board meeting and to bring any documentation beforehand. Chairman Sobkoviak confirmed that there was no other business for the Zoning Board of Appeals. Chairman Sobkoviak adjourn ed the Zoni ng Board of Appeals meeting at 7:3 8 p.m. __________________ Respectfully submitted, Laura Griffith Recording Secretary Karick & Associates, Inc.