Loading...
HomeMy Public PortalAbout12-15-2020 ZBA Minutes Zoning Board of Appeals Record of Minutes Date: December 15, 2020 Location: Village Hall (Zoom Meeting) CALL TO ORDER, PLEDGE & ROLL CALL Chairman Kiefer called the Zoning Board of Appeals meeting to order at 7:00 p.m. and led the Pledge. ROLL CALL: Commissioners Heinen, Minnis, Renzi, Ruane, Seggebruch, Womack, and Chairman Kiefer were present. OTHERS PRESENT: Jonathan Proulx, Director of Planning; and Jessica Gal, Associate Planner. APPROVAL OF MINUTES The Minutes of the Zoning Board of Appeals meeting held on November 11, 2020 were approved as presented. PUBLIC COMMENTS Chairman Kiefer stated no public comments were received via email. DEVELOPMENT REPORT Mr. Proulx provided an update on the following: Pavillion Concept Plan. OLD BUSINESS No Old Business. NEW BUSINESS Case No. 1903-111320.COA.VAR 15326 S. Joliet Rd. Laura Zaidi Mr. Proulx stated there were no public comments received via email. Mr. Proulx stated the applicant is requesting consideration of a variance to permit a fence style and height of an existing fence along the side lot lines of the front yard for the property at 15326 S. Joliet Road. This house is a local landmark and the fence request is also subject to review and recommendation by the Historic Preservation Commission. Th HPC previously approved placement of an open-style, four-foot (4’) aluminum fence along the side lot lines in the front yard. Due to a misunderstanding, these segments of fence were constructed with the taller solid privacy fence. Mr. Proulx reviewed the staff report dated December 11, 2020. Mr. Proulx concluded staff believes the findings of fact can be demonstrated to support the variance request. Chairman Kiefer swore in Laura and Shoaib Zaidi, applicant. Ms. Zaidi stated she has nothing to add at this time. Commissioner Heinen stated that this is a unique request because it is a historic property and they are requesting a front yard encroachment. Commissioner Heinen indicated that he respects the HPC’s finds and is leaning to not recommending approval. Commissioner Heinen did agree with staff’s comments regarding the different fence material abutting in the side yard but seeing more of house on Route 30 with an open fence would be better than having a privacy fence hiding the house. Commissioner Minnis asked staff if in 2019 when the original COA was approved if there was a fence on the property. Mr. Proulx stated the sections that are under review were not there but there was some rear fencing on the property. Commissioner Minnis asked when the 2019 COA was approved was it approved Zoning Board of Appeals Minutes December 15, 2020 Page 2 of 3 for the current applicant. Mr. Proulx confirmed. Commissioner Minnis asked if staff or the applicant can provide some clarification on what happened. Ms. Zaidi explained that they submitted an application requesting a fence with how it stands today and that when they attended the HPC in May of 2019 it was recommended by the HPC to have the aluminum fence continue to the corner of the front house in the side yard then the rest of the side yard fence could be cedar. Ms. Zaidi indicated that she felt this was a recommendation and was unaware that it was written in the COA as such. Ms. Zaidi stated that when she signed the COA she did not realize that the recommendation from the HPC was included. Ms. Zaidi indicated that they did not intentional violate the COA. Ms. Zaidi stated that if she would have been aware that the COA would have had the aluminum side yard fence they would have stopped the process since that would not have been cost effective. Commissioner Minnis indicated that he likes keeping the front of the historic property open so it is visible and feels the change of materials on the side might add an odd overall element to the property. Commissioner Minnis is also challenged because the HPC did not support the COA. Chairman Kiefer added that the HPC would like the fence to be installed per the 2019 COA but are open to allowing the applicant a couple of years to complete, which could help them budget for it. Mr. Proulx stated that is accurate. Chairman Kiefer stated that this will still need to go before the Village Board. Mr. Proulx stated that the Village Board will need to support both the COA and Variance for the fence to remain as is. Commissioner Renzi agrees with his fellow commissioner’s comments. Commissioner Renzi stated fence variances are an issue of law and the commission has to prove the finding of facts. Commissioner Renzi indicated it is unfortunate that the applicant signed the COA without reading it and that the applicant left the 2019 meeting early. Commissioner Renzi explained how he feels about the finding of facts. Commissioner Renzi empathizes with the applicant, but he cannot support the motion to approve. Commissioner Ruane agrees with Commissioner Renzi regarding the legal point of view. Commissioner Ruane asked the applicant to clarify if the HPC changed the COA paperwork after the 2019 meeting. Ms. Zaidi explained that an HPC member recommended what is stated in COA but it was stated that is was only a recommendation by the HPC and at the end of the meeting the HPC agreed to write the recommendation into the COA. Ms. Zaida indicated that staff never advised them of the height requirements in the zoning code. Mr. Proulx explained protocol for the HPC meetings and the COA process. Mr. Proulx stated he was not aware that the applicant left the 2019 HPC meeting early. Chairman Kiefer asked if the 2019 COA was approved by the Village Board without any amendments. Mr. Proulx confirmed. Commissioner Ruane stated he believes the comments from the HPC were to have the property be visible from the street and not to block views of the other property. Commissioner Ruane indicated he will not be able to support this variance. Commissioner Seggebruch asked if the fence up to the front lot line. Mr. Proulx stated the front fence is along the right-of-way. Commissioner Seggebruch feels that the HPC did a great job working with the applicant. Commissioner Seggebruch asked staff to explain what would need to be done to bring the fence into compliance with the fence ordinance. Mr. Proulx stated open style fencing to the nearest point to the front of this house. Commissioner Seggebruch stated it is a unique home not only because it is historic, but the house is setback further from the road, it has a large lot, and a large driveway. Commissioner Seggebruch explained that the fence could have been installed differently and further back in the front. Mr. Zaidi stated the fence in the front is where it is located because of the size and shape of driveway. Commissioner Seggebruch indicated that fence needs to be brought into compliance and that the applicant can be given a reasonable amount of time to do so. Zoning Board of Appeals Minutes December 15, 2020 Page 3 of 3 Commissioner Womack asked staff if the written description and the graph in the COA match, he wants to make sure there was no confusion. Mr. Proulx confirmed. Commissioner Womack agrees with the commissioner’s comments and the HPC recommendation of allowing a reasonable amount of time to bring into compliance. Chairman Kiefer agrees with the commissioner’s comment but sympathizes with the applicant. Commissioner Womack asked if adding a timeframe to bring the fence into compliance should be added to the motion. Chairman Kiefer stated that he feels that there is no support for the variance and feels the applicant needs to work with staff to bring the fence into compliance. Commissioner Womack made a motion to adopt the findings of fact of staff as the findings of fact of the Zoning Board of Appeals and, furthermore, recommend approval of a variance to permit a solid fence style of up to five feet (5’) in height along the side lot lines of the front yard for the property commonly known as 15326 S. Joliet Road. Second by Commissioner Renzi. Vote by roll call: Heinen, no; Minnis, no; Ruane, no; Seggebruch, no; Renzi, no; Womack, no; Kiefer, no. Motion did not carry 7-0. DISCUSSION No Discussion. ADJOURN Zoning Board of Appeals meeting adjourned at 7:56 p.m. Respectfully submitted by Tracey Erickson Recording Secretary