HomeMy Public PortalAbout2016-12-06 ZBA minutes
Zoning Board of Appeals December 6, 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, Minnis, Heinen, Womack, Green, and Chairman Kiefer were present. The Fire and Library Districts were present.
Commissioner Renzi was absent. The Park and School Districts were absent.
The minutes of the Zoning Board of Appeals dated October 18, 2016 were accepted as presented.
PUBLIC COMMENTS: There was no response.
DEVELOPMENT REPORT Mr. Melrose stated the Village Board approved the ordinances rezoning 14918 S Eastern Avenue and also the special use for the planned development for the Warehouse District on Eastern Avenue and Center Street at their meeting December 5, 2016.
OLD BUSINESS None
NEW BUSINESS Case No. 1742-110716.V 25530 W Pastoral Drive 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 brick paver retaining wall and concrete surround for an in-ground swimming pool which has already been constructed
in the side yard setback.
Mr. Bogda reviewed the staff report and the findings of fact as noted in the staff report dated December 2,
2016. Prior to direction from the Zoning Board of Appeals, staff is suggesting a recommendation of
approval.
Chairman Kiefer swore in Kristopher Gutrich, owner of the property.
Chairman Kiefer asked for public comments. There was no response.
Commissioner Heinen asked if the adjacent neighbor had any issues with this variance. Mr. Gutrich stated Jose is the neighbor to the west; indicated Jose stated as long as this did not affect his property he
did not have any issues with the request and further stated aesthetically it looks correct and preferred the retaining to remain.
Commissioner Seggebruch asked for pictures. Mr. Gutrich described the encroachment with the aid of the pictures as shown in the presentation; stated he called J.U.L.I.E. twice to verify the location of the
utilities and indicated no utilities were located within this area.
Zoning Board of Appeals Minutes
December 6, 2016
Page 2 of 2
Commissioner Seggebruch asked about the grade of his lot compared to his neighbor’s lot. Mr. Gutrich
indicated there is a slight pitch but it is relatively flat to both yards.
Commissioner Minnis asked for clarification that the encroachment is just the corner of the surround and
not the entire length of the pool. Mr. Gutrich indicated it was just the corner.
Commissioner Heinen wanted to make sure the owner knows the utility companies have the right to go
into that easement if they need to in order to maintain any utilities, the utility companies have the right to tear out any portion of the wall or surround in the easement and as property owner you would be
responsible for any replacement. Mr. Gutrich indicated he was aware of this fact. Commissioner Minnis asked when the retaining wall was decided. Mr. Gutrich indicated the wall was
necessary to support the pool. Commissioner Heinen stated he had no issues as long as the owner understands the consequences of
building in the easement.
Chairman Kiefer mentioned this is similar to another recent case; suggested the location of these types of
permits may need to be reviewed to prevent future cases.
Chairman Kiefer swore in Pete Stefani, owner of Kings Court Builders. Mr. Stefani stated the Village of
Plainfield does not require the pool contractor to submit a grading survey with the pool permit.
Commissioner Seggebruch stated both the pool contractor and the landscaper made mistakes in this case. Commissioner Green stated each variance case is looked at individually; felt it was a mistake but this is a
great addition; it adds value to the subdivision and to the neighboring properties. Commissioner Womack stated this case differs from the previous case as it is 18 inches not 5 feet and is
not a corner lot; stated he supported this request.
Commissioner Heinen made a motion to adopt the findings of fact of staff as the findings of fact of the
Zoning Board of Appeals and recommend approval of a variance to permit a brick paver retaining wall and concrete surround of an in-ground swimming pool up to 18 inches into the side yard for the property
located at 25530 W. Pastoral Dr.
Seconded by Commissioner Minnis.
Vote by roll call: Seggebruch, no; Womack, yes; Green, yes; Minnis, yes; Heinen, yes; Kiefer, yes. Motion carried 5-1.
DISCUSSION Meeting Adjourned at 7:23 p.m.
Respectfully submitted by
Merrilee Trotz Recording Secretary