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HomeMy Public PortalAbout2015-09-15 ZBA minutes Zoning Board of Appeals September 15, 2015 Chairman Sobkoviak called the Zoning Board of Appeals meeting to order at 7:00 p.m. and led the pledge to the flag. ROLL CALL Commissioners Paris, Seggebruch, Renzi, Kiefer, Heinen, and Chairman Sobkoviak were present. Commissioner Green was absent. The Fire, Park, School, and Library Districts were absent. PUBLIC COMMENTS: There was no response. The Zoning Board of Appeals minutes dated August 4, 15 were accepted as presented. DEVELOPMENT REPORT Mr. Garrigan stated the Village Board discussed a new site plan review ordinance and sign ordinance. These matters will be coming to the Plan Commission as a text amendment in the future. NEW BUSINESS Case No. 1699-081315.V 22602 W Reserve Circle Mr. Garrigan stated this is a public hearing for a fence variance; the appropriate notices have been published in accordance with state statute and local ordinance. The property is located in a cul-de-sac in the Reserve of Plainfield subdivision. The applicant is seeking a variance to construct a new drive-way within the side yard setback to gain access to a proposed new detached garage in the rear yard. The accessory structure (detached garage) would be permitted as long as they meet the setback requirements which are five feet and the height limitation of 15 feet. Mr. Garrigan reviewed the 4 findings of fact. With regard to a) Staff submits the proposed driveway and garage in the rear would not be consistent with the character of the neighborhood as all garages are in the front. With regard to b) the only way to gain access to the rear garage is with this variance. With regard to c) there is nothing that would prohibit the applicant from continuing the use of their single-family home if the variance is not granted. With regard to d) Staff believes the proposed variance would have a minimal impact on the character of the neighborhood. Staff is seeking additional information to determine if the proposed detached garage would exceed the maximum lot coverage of 30% based on the total square footage of the dwelling, driveway and proposed detached garage. Chairman Sobkoviak swore in Debbie Marz and Kevin Marz, owners of said property. Mrs. Marz indicated they purchased this property about 6 months ago, indicated they had been told this would be allowed before they purchased the home. Chairman Sobkoviak asked for public comments. Zoning Board of Appeals Minutes September 15 2015 Page 2 of 3 Chairman Sobkoviak swore in Robert Dlugokienski, resident. Mr. Dlugokienski read a written 3-1/2 page statement which has been made a part of these minutes together with photos that have been placed in the case file. Mr. Dlugokienski is concerned with the character of this subdivision and value of the properties; suggested offsite parking for the large vehicles; indicated this was a self-created hardship; felt there was no unique circumstance; and suggested there was no undue hardship. There were no other public comments. Commissioner Heinen asked about the grading plan; expressed concern that there is an overflow route in this area and felt an engineer review the amount of flow coming through this area. Mr. Garrigan indicated an engineer should evaluate this matter; design would have to be looked at if there is support for this variance. Commissioner Heinen suggested he would not support this request as it is not in tune with the character of the area; felt the variance does not meet the findings of fact. Commissioner Kiefer felt the findings of fact have not been met. Chairman Sobkoviak indicated the village discourages a three lane driveway at the street. Commissioner Seggebruch asked if there is a (HOA) Homeowners Association. Mr. Garrigan indicated he has not been able to contact the HOA. Chairman Sobkoviak swore in Matt Tadla. Mr. Tadla indicated there is an association that meets once a year; and there is a fund that has been paid. Commissioner Renzi asked if there was an architectural committee. It was noted there was an architectural review in 1996. Commissioner Renzi asked if the new structure would exceed the lot coverage of 30%; questioned the drainage and flow that needs to be addressed; suggested a continuance for architectural review and review by an engineer. Commissioner Heinen mentioned a retaining wall could be constructed. Commissioner Renzi felt there was no room for a retaining wall if this were approved; and felt this was impacting other properties. Mr. Garrigan indicated this could be approved and the architectural committee would need to give their approval. Commissioner Seggebruch felt this request exceeds the 30% lot coverage; the variance is for the driveway with zero setbacks at the lot line; the driveway approach at the street would not be allowed; concerned with the overflow, drainage and utility easement; and indicated he would not support this request in a single family subdivision. Commissioner Seggebruch suggested the garage bay could be expanded to the back of the house to allow a tandem garage to get a four car garage Commissioner Paris agreed with previous comments and stated huge expansive driveways are not attractive. Zoning Board of Appeals Minutes September 15 2015 Page 3 of 3 Chairman Sobkoviak stated the property falls off and fill would be needed; felt this variance would encroach on the drainage swale and the utility easement; and agreed the findings of fact have not been met. Commissioner Heinen made a motion to recommend denial of this request for variance for the property at 22602 W Reserve Circle. Commissioner Seggebruch seconded the motion. Vote by roll call: Paris, yes; Renzi, no; Kiefer, yes; Seggebruch, yes; Heinen, yes; Sobkoviak, yes. Motion for denial carried 5-1. Commissioner Renzi stated he voted no for denial to give the applicant the opportunity to submit a different plan. Meeting Adjourned at 7:46 p.m. Respectfully submitted by Merrilee Trotz Merrilee Trotz Recording Secretary