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HomeMy Public PortalAbout2014-11-04 ZBA minutes VILLAGE OF PLAINFIELD ZONING BOARD OF APPEALS RECORD OF MINUTES DATE: November 4, 2014 Chairman Sobkoviak called the Zoning Board of Appeals meeting to order at 7:00 p.m. ROLL CALL: Commissioners Seggebruch, O’Rourke, Kiefer, Heinen, Green, and Chairman Sobkoviak were present. Commissioner Renzi was absent; the Fire, Park, School and Library Districts were absent. Also present were Michael Garrigan, Village Planner, and Merrilee Trotz, Recording Secretary Approval of Minutes: The ZBA minutes from May 6, 2014 were accepted as presented. PUBLIC COMMENTS: Chairman Sobkoviak asked for public comments. There was no response. NEW BUSINESS: Case No. 1666-101314.V 24326 W Blazing Star Ct Mr. Garrigan stated this is a public hearing for a variance being heard pursuant to public notice being published and posted in accordance with state statute and all applicable village ordinances. The applicant is requesting a variance for a side yard fence for a corner lot located in the Heritage Meadows Estate subdivision. Mr. Garrigan reviewed the findings of fact. The applicant is requesting the variance in order to preserve the extensive landscaping; and the extensive landscaping will soften the proposed open aluminum fence. Staff believes there is no negative impact on the adjacent parcels. Compliance with the ordinance would require the applicant to remove extensive amounts of landscaping; Staff believes the proposed fence would not obstruct the site lines at the intersection of Blazing Star and Wingstem Street and will have no negative impact on the aesthetics of the neighborhood. Staff believes the applicant has met 3 of the 4 findings of fact and recommends approval of the variance for this fence subject to the conditions in the staff report. Commissioner Sobkoviak swore in Robert Olaszek, owner and applicant. Mr. Olaszek stated he has lived in Plainfield for 12 years and has extensive landscaping and a brick wall around his patio; described the proposed fence as being a painted black aluminum open fence which is similar to others in the neighborhood. Commissioner Sobkoviak asked for public comments. Chairman Sobkoviak swore in Shad Bauer. Mr. Bauer offered support of the variance; stated he recently moved here and indicated he installed a fence on his corner lot at 26344 Whispering Woods; stated he did not apply for the variance. Michael P. Collins VILLAGE PRESIDENT Michelle Gibas VILLAGE CLERK TRUSTEES Margie Bonuchi Paul Fay Bill Lamb Garrett M. Peck James Racich Dan Rippy Plan Commission Minutes November 4, 2014 Page 2 of 3 Chairman Sobkoviak stated in this case the rear yard backs up to another rear yard; generally a corner lot would be next to the front yard of the neighboring property; the fence could also obstruct the site lines at the intersections. There were no other public comments. Commissioner O’Rourke asked the distance of the requested variance. Mr. Olaszek asked for 12 feet from the building line. Commissioner Kiefer asked if any of the neighbors had commented and if there was a Homeowner’s Association and had the applicant contacted the HOA. Mr. Olaszek indicated the contiguous neighbors were notified and supported this request; stated there are 4 other homes in this subdivision that have the same type of fence extending beyond their building line. Commissioner Green asked if this request would cause any drainage issues. Mr. Garrigan stated there is no drainage easement along the east side and open fences are allowed in drainage easements. Commissioner Heinen asked about the encroachment of the variance. Mr. Garrigan said a fence can be placed on the lot line except on the front and corner side of the lot. Commissioner Heinen asked the reason for the variance. Mr. Olaszek described his landscaping and the brick wall around the patio. Commissioner Seggebruch asked the reason for the variance, asked why the fence was being shown as being on the edge of easement instead of the lot line. Mr. Olaszek agreed he drew the fence incorrectly on the rear and west side of his lot; he will share a fence on the west side with his neighbor. Commissioner O’Rourke asked the drawing be corrected along the rear and west side and indicate 12 feet on the east side. Commissioner O’Rourke asked if the applicant had approval from the Homeowners Association. Mr. Olaszek said he had verbal approval from the HOA. Mr. Garrigan said we do not enforce the HOA covenants. Commissioner Kiefer agreed the Commission is to comply with village ordinance. Mr. Olaszek described the HOA and Van Guard Management; presented pictures of the fences on other properties and explained his fence will be similar. Commissioner O’Rourke asked if the ordinance should be changed. Mr. Garrigan said there are different members on the Commission and maybe it is time to revisit a text amendment. Chairman Sobkoviak felt every corner lot is different and should be decided separately. Commissioner Kiefer agreed with Chairman Sobkoviak. Commissioner Seggebruch agreed the neighbor’s lot to the north and this lot are back to back and you are only asking for roughly 1/3 not the whole space; mentioned the driveway is 3 car wide while the ordinance now is only 2 wide at the curb. Commissioner O’Rourke made a motion recommend approval of the fence variance for 24326 W. Blazing Court subject the following conditions. 1. Compliance with the recommendations of the Village Engineer. 2. Compliance with the requirements of the Plainfield Fire Protection District. 3. That the proposed side yard fence incorporates an open design. Plan Commission Minutes November 4, 2014 Page 3 of 3 Commissioner Green seconded the motion. Vote by roll call: Seggebruch, no; Kiefer, yes; Heinen, yes; Green, yes; O’Rourke, yes; Sobkoviak, yes. Motion carried 5-1. Discussion: Adjourned at 7:40 p.m. Respectfully submitted by _________________________ Merrilee Trotz Recording Secretary