HomeMy Public PortalAbout2016-10-18 ZBA minutes
Zoning Board of Appeals October 18, 2016
Chairman Kiefer called the Zoning Board of Appeals meeting to order at 7:00 p.m. and led the pledge to the flag.
ROLL CALL
Commissioners Seggebruch, Renzi, Minnis, Womack, Green, and Chairman Kiefer were present. The Library and Fire Districts were present.
Commissioner Heinen was absent. The Park and School Districts were absent.
The minutes of the Zoning Board of Appeals dated August 16, 2016 were accepted as presented.
PUBLIC COMMENTS: There was no response.
DEVELOPMENT REPORT Mr. Proulx indicated the Village Board approved the ordinance for the Special Use allowing the drive-thru operation, approved the preliminary and final plats and the site plan review for Wash U Carwash; also directed the village attorney to draft an ordinance for a number of text amendments (one relates to the
regulation of a hand full of uses such as currency exchanges, secondary financial markets, certain personal services that will not require a special use permit in lieu of being permitted by right(such as salons, tanning, body art in certain zoning districts, currency exchanges, payday loan, title loan, flea
markets, and relating to signage – specifically prohibiting LED outlines of storefront windows, and adding some formal regulations for food trucks. OLD BUSINESS None NEW BUSINESS
Case No. 1739-093016.V 14858 S Flanders Lane This is a public hearing and the notice and mailings were posted and published in accordance with state
statute and local ordinance. Mr. Bogda stated this is a request for a variance to allow a paver brick patio
and fire pit that was constructed encroaching into the corner side yard. Mr. Bogda indicated a five foot variance is requested; reviewed the adjacent land uses; and reviewed the findings of fact as noted in the
staff report dated October 10, 2016. Mr. Bogda indicated receipt of a petition and letters from the
applicants’ neighbors indicating support of this requested variance.
Prior to direction from the Zoning Board of Appeals, staff is suggesting a recommendation of denial. Chairman Kiefer swore in Nicole Pool and Richard Pool, owners of the property. Mrs. Pool indicated
they intended to stay within the guidelines; indicated the landscaper made a mistake in the location of the patio and fire pit; indicated their neighbors have no problem with the location or appearance of the fire pit.
Chairman Kiefer asked for public comments.
Zoning Board of Appeals Minutes
October 18, 2016
Page 2 of 2
Chairman Kiefer swore in Mike Carli, resident of Fairfield Ridge. Mr. Carli indicated he was present to
show support; felt all the residents would like a patio similar to this one; and indicated this neighborhood was originally built with alleys and when the alleys were removed these lots are narrower than what was
originally planned.
Mrs. Pool presented the petition and letters she had received from neighbors indicating support of the
patio and fire pit. These letters and petition have been entered into the file and made a part of the record.
Commissioner Renzi felt the letters and petition make finding of fact (d) affirmative, indicated finding of
fact (a) is neutral and findings of fact (b) and (c) have not been met; therefore he supports staff’s recommendation of denial.
Commissioner Seggebruch asked if there was a site plan; indicated the covered front porch extends beyond the side of the house. Mr. Proulx indicated there are certain encroachments that are permitted in this subdivision.
Commissioner Seggebruch stated the lot sizes are not standard; the street curves and this causes the
setback to curve as well; indicated a corner side yard is the front yard to your neighbor; agreed the shape
of this lot was unusual.
Commissioner Green indicated this is a unique, unusual and exceptional hardship; the subdivision was
approved under one developer then reworked by a new developer; feels if the neighbors approve of the patio and fire pit then he could offer support of the variance.
Commissioner Minnis asked what drove the change to the location of the patio and fire pit.
Chairman Kiefer swore in Sonia Mayorga, the landscaper. Ms. Mayorga indicated she submitted the application for the permit, and stated she has trouble drawing to scale.
Commissioner Seggebruch indicated the applicant came with the correct attitude by stating they made a mistake; stated that every variance sets a precedent; indicated the landscaper needs to do a better job,
there is no excuse for not knowing where the setbacks are located.
Commissioner Seggebruch indicated this was a unique and unusual lot due to the change in the
development.
Commissioner Green made a motion to recommend approval of a variance to permit a paver brick patio
and fire pit within the corner side yard for the property located at 14858 S Flanders Lane.
Seconded by Commissioner Seggebruch. Vote by roll call: Renzi, no; Minnis, yes; Womack, no;
Seggebruch, yes; Green, yes; Kiefer, yes. Motion carried 4-2. DISCUSSION
Meeting Adjourned at 7:31 p.m. Respectfully submitted by
Merrilee Trotz Recording Secretary