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