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HomeMy Public PortalAbout08-04-2020 ZBA minutes Zoning Board of Appeals Record of Minutes Date: August 4, 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: Jessica Gal, Associate Planner; and Jonathan Proulx, Director of Planning APPROVAL OF MINUTES The minutes of the Zoning Board of Appeals dated January 7, 2020 were approved as amended. PUBLIC COMMENTS Chairman Kiefer asked staff if any public comments were received. Mr. Proulx stated no public comments were received. DEVELOPMENT REPORT Mr. Proulx provided an update of the following cases: PACE Maintenance Garage, Encore Car Wash, and Zoning Code Text Amendments. OLD BUSINESS No Old Business. NEW BUSINESS Case No. 1885-071520.VAR 16605 S. Mueller Cir. Sean Reynolds Ms. Gal stated the applicant is seeking a variance to install a 4-foot, open-style aluminum fence approximately 20 feet into the corner side yard of their property. The proposed fence would extend in order to connect to an existing decorative perimeter fence located along Drauden Road. Ms. Gal reviewed the finding of facts in the staff report dated July 30, 2020. Ms. Gal concluded Staff believes that granting a variance in this case would not alter the essential character of this neighborhood and would not be a detriment to adjacent property. Staff finds the proposed fence encroachment to be a logical request to connect to an existing decorative fence and enclose a yard that is adjacent to two busier roadways. In advance to public hearing and discussion from the Zoning Board of Appeals, staff recommends approval. Chairman Kiefer swore in Sean Reynolds, applicant. Chairman Kiefer stated no public comments were received via email. Commissioner Heinen asked staff if the proposed fence will be an open face fence. Ms. Gal stated the fence will be an open style aluminum fence. Commissioner Heinen stated that this variance makes sense because of the existing fence location. Commissioner Minnis agrees with that this variance makes sense because of the existing fence location. Zoning Board of Appeals Minutes August 4, 2020 Page 2 of 3 Commissioner Renzi asked who is responsible to the maintenance to of the current fence and landscape around the sign. Mr. Reynolds stated the Homeowners Association (HOA). Commissioner Renzi asked if the HOA maintains the rear landscape of the existing fence and if so, how will they continue to do so. Mr. Reynolds stated there will be gate for them to access the property to continue to maintain it. Commissioner Renzi asked if the HOA has reviewed the applicants proposed fence. Mr. Reynolds indicated the HOA has approved his fence proposal. Commissioner Renzi asked if the fence will match the HOA fence. Mr. Reynolds stated the style will not match since the HOA fence is cedar. Commissioner Ruane asked if there an agreement with the applicant and the HOA to have the HOA to continue the maintain the bushes on the rear of the fence. Mr. Reynolds stated there is currently not, but one can be presented to the HOA. Commissioner Ruane asked if the applicant was aware that there would be a fence restriction when he purchased the home. Mr. Reynolds stated he was not. Commissioner Ruane asked fs the home was new construction. Mr. Reynolds stated it was a builder model he purchased. Commissioner Ruane asked the applicant to explain # 6 in his letter. Mr. Reynolds stated he was referring another property in Springbank with a similar lot. Commissioner Ruane asked staff if at anytime can the owner change the fence from an open fence to a privacy fence. Mr. Proulx stated the style of fence is not a stipulation but is a consideration in the findings and it is an understanding that the applicant should not deviate from what was proposed. Commissioner Ruane indicated one of the reasons he supports this request is because it is an open fence. Commissioner Seggebruch asked how tall is the existing HOA fence. Mr. Reynolds stated 5 feet. Commissioner Seggebruch asked if the bushes are behind the fence. Mr. Reynolds confirmed. Commissioner Seggebruch asked if the applicant if they have been maintaining the lawn up to the HOA landscaping. Mr. Reynolds confirmed. Commissioner asked if the applicant’s fence will terminate at the masonry pillar. Mr. Reynolds confirmed. Commissioner Seggebruch asked how far the fence will be away for the sidewalk. Mr. Reynolds stated approximately 8 feet. Commissioner Womack stated he has no additional comments and will support the request. Commissioner Minnis 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 fence up to 20 feet into the corner side yard for the property located at 16605 S. Mueller Circle. Seconded by Commissioner Renzi. Vote by roll call: Heinen, yes; Ruane, yes; Seggebruch, yes; Womack, yes; Renzi, yes; Minnis, yes; Kiefer, yes. Motion carried 7-0. Commissioner Renzi suggested the applicant work with the HOA to get an agreement of maintenance for the landscaping. Mr. Reynolds stated if the proposed fence would have been built per code the fence would have split the existing landscaping. Mr. Proulx indicated the ability to maintain the landscape easement but if the area was not maintained the Village would cite the HOA to maintain. Chairman Kiefer stated the applicant will have two gates to allow the HOA to maintain the area. DISCUSSION Commissioner Ruane suggested that the Village require a fence easement on the plats, so homeowners are aware of the fence restrictions on corner lots. Commissioner Ruane is hoping that if this will lessen the number of fence variance request the Village receives. Chairman Kiefer also pointed out that an HOA could be more restrictive then the Village code, as seen in a previous case. Zoning Board of Appeals Minutes August 4, 2020 Page 3 of 3 ADJOURN Zoning Board of Appeals meeting adjourned at 7:33 p.m. Respectfully submitted by Tracey Erickson Recording Secretary