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MINUTES OF THE ZONING BOARD OF APPEALS MEETING
HELD MAY 12, 2010
The Zoning
Board of Appeals of the Village of Palos Park, Cook County, Illinois
held a public hearing on Wednesday, April 14, 2010. Chairman David
Lencioni called the meeting to order at 7:30 p.m. Answering to roll call
were members: Stephen Maier, Phyllis Adams, Jerry Dill, Jack Martin,
Nancy Konior and Cathy Saylors. Also in attendance were Steve Manning,
Community Development Director and Colleen Santo, Secretary to the
Zoning Board.
APPROVAL OF MINUTES: Cathy Saylors moved, seconded by Phyllis Adams, to
approve the minutes of the April 14, 2010 meeting as presented.
Upon roll call vote, the motion carried as follows:
AYES: -7- Board Members: Saylors, Adams, Maier, Dill, Martin, Konior,
and Chairman Lencioni
NAYS: -0-
STAFF ANNOUNCEMENT: Proper notices for all public hearings were
published in the Regional on April 22, 2010 as required by Village Code.
Notice letters were also mailed to neighbors and a notice sign was
posted in front of the subject sites. A letter via e-mail was received
from Adrienne Jackiw, neighbor of Mrs. Conklin, approving her fence
variances as requested.
PETITION OF MR. AND MRS. VROEGH: Jim & Cheryl Vroegh, contract purchaser
of property at 25 S. Woodland Trail, have requested variances to the
setback requirements in Chapter 1268 of the Village Code to build a new
home. The variances would include a (south) corner side setback of 45
feet where 50 feet is otherwise required and an (east) rear side setback
25 feet where 50 feet is otherwise required.
PETITIONER RESPONSE: Mr. Vroegh stated the lot is small and they need
more space to build a home then what is allotted.
PUBLIC COMMENT:
Mrs. Reta Wegle, 9021 McCarthy Rd
Stated the property is half an acre lot and is restricted because it’s a
cul-de-sac lot, which has 3 sides of 50 feet setbacks. She first listed
the property for sale a year ago and the builder at the time was
proposing a much larger home. Mr. and Mrs. Vroegh are proposing a single
story home with a walkout basement, very much in line with the homes on
Woodland.
Mr. Tom Creech, 30 S. Woodland Trail
He stated he knew the history of the lot, but asked if he could view a
survey or footprints of the lot. He stated that Mr. Vroegh’s request was
much more reasonable then last years request. He does not have an
objection.
Russ Hollender, 57 S. Woodland Trail
Stated he wanted to see footprint of proposed house. After viewing site
plan he stated he had no objections.
DISCUSSION: Mr. Martin stated the lot is irregular shaped. Mr. Dill
stated he felt the same way as Mr. Martin and agreed it is a tough lot
with many restrictions. Chairman Lencioni stated it’s a good solution
for the site and he has no problem with the 5 foot variance because the
house is narrow as it is. His only concern is the rear yard, which is a
50% variance. Mr. Maier stated he had the same concern and asked the
petitioner if he could give up a little in the front yard, which is 68
feet. The house to the north is pretty close to the lot line and the
homes would look bunched up. Mr. Vroegh stated that 68 feet is the
average front yard setback of the block and he needed to abide by that.
Chairman Lencioni asked if any engineering had been done. Discussion
went back and forth on the topography of the lot. Mr. Maier stated that
the code was changed in 2005, which mandates a home to have a minimum of
2200 square feet. Mr. Manning stated the footprint is 1800 square feet
and with the finished basement it will exceed 2200 square feet. Mr.
Maier asked what happened if the board granted the variances as
requested, but the homeowner later changed his building plans and went
with a two story home. Mr. Manning stated a property owner has the right
to build a home as tall as the code will allow.
FINDINGS OF FACT: The hardship is due to the irregular configuration of
the lot and the hardship of having 50 foot corner-side yard, 50 foot
rear yard, and 68 foot front yard setbacks.
CHAIRMAN LENCIONI ASKED FOR A MOTION: Mr. Maier moved, seconded by Mrs.
Konior to approve the south corner side setback variance as requested.
Upon roll call vote, the motion carried as follows:
AYES:-7- Board Members: Maier, Konior, Adams, Dill, Martin, Saylors and
Chairman
NAYS:-0-
CHAIRMAN LENCIONI ASKED FOR A MOTION: Mr. Dill, seconded by Mrs. Adams
to approve east rear side setback variance as requested.
Upon roll call vote, the motion carried as follows:
AYES:-7- Board Members: Dill, Adams, Maier, Martin, Konior, Saylors and
Chairman
NAYS:-0-
Chairman Lencioni advised the petitioner to attend the Village Council
meeting on May 24, 2010.
PETITION OF MR. ROTH: Mike Roth of Ice Miller, LLP, acting on behalf of
Constance Conklin, beneficiary of land trust owner of property at 12003
S. 90th Court, Palos Park IL, has requested variances to the
requirements in Chapter 1464 of the Village Code to erect a new fence in
the rear yard. The variances would include height of 6 feet where 4.5
feet would otherwise be required, located 6 inches from the property
line where 3 feet would otherwise be required, and a ‘board-on-board’
style where a minimum 70 percent open space per linear foot would
otherwise be required.
PETITIONER RESPONSE: Mr. Roth stated the property line to Mrs. Conklin’s
house and patio is very close, only 19 feet. The need for the fence is
to screen for privacy, and should be at least as tall as an adult male.
The fence would screen from signs that are posted on the adjacent
property, which are problematic for Mrs. Conklin. The hardship is
privacy from the neighbor to the east, whose property sits substantially
higher. He stated this is a unique case and it meets the standards of
the Village Code.
PUBLIC COMMENT:
Terry Wallace, 12006 S. 90th
Stated he objected to the fence for the following reasons; sun,
security, landscaping, wildlife, ravine and it will lower property taxes
and lower the quality of how he uses his backyard. He stated there are
other ways the homeowner can build a natural barrier. He stated the
homeowner lives there approximately six weeks a year and he lives there
all year and why should he have to look at a solid wall.
John Kirby, 12000 S 90th Ave
He was there to represent his mother’s property. He is against the
fence.
DISCUSSION: Mrs. Adams mentioned building a natural barrier. Chairman
Lencioni stated that Palos Park is not a community for solid fences and
privacy as a hardship does not constitute a hardship. There was
discussion regarding other ways to achieve privacy. Mr. Martin stated
this in not a building hardship. Mr. Roth stated the hardship is not
created by the characteristics of the property other then the fact that
his client’s property is very close to Mr. Wallace’s property line. He
stated the hardship is unique. His client needs screening from Mr.
Wallace and all the signs he posts on his back property line such as
keep off, private, do not enter. The police have been involved.
Discussion went back and forth.
FINDINGS OF FACT: No hardship was found
CHAIRMAN LENCIONI ASKED FOR A MOTION: Mr. Martin, seconded by Mrs. Adams
to deny fence height of 6 feet.
Upon roll call vote, the motion carried as follows:
AYES:-7- Board Members: Martin, Adams, Maier, Dill, Konior, Saylors and
Chairman
NAYS:-0-
CHAIRMAN LENCIONI ASKED FOR A MOTION: Mr. Martin, seconded by Mrs. Adams
to deny fence location of 6 inches from property line.
Upon roll call vote, the motion carried as follows:
AYES:-7- Board Members: Martin, Adams, Maier, Dill, Konior, Saylors and
Chairman
NAYS:-0-
CHAIRMAN LENCIONI ASKED FOR A MOTION: Mr. Martin, seconded by Mrs. Adams
to deny a board on board style fence.
Upon roll call vote, the motion carried as follows:
AYES:-7- Board Members: Martin, Adams, Maier, Dill, Konior, Saylors and
Chairman
NAYS:-0-
Chairman Lencioni advised the petitioner to attend the Village Council
meeting on May 24, 2010.
OLD BUSINESS: Mr. Maier asked the status of Mr. Cartensen’s shed permit
for 12110 86TH Ave. Mr. Manning stated Mr. Cartensen has not moved the
shed, a citation had been issued and he has a court date on June 2,
2010. Mr. Maier shared his concerns regarding retaining walls. He would
rather see slopes then walls and believed an ordinance should be
written. Mr. Martin agreed. Mr. Manning stated he wrote an ordinance for
Plan Commission review that elevated driveways be setback further. Mr.
Maier encouraged all the Zoning Board members to attend the next Plan
Commission Hearing on May 20, 2010.
ADJOURNMENT: There being no further business Chairman Lencioni adjourned
the hearing at 8:55 p.m. Upon voice vote, the motion carried
unanimously.
Minutes respectfully submitted,
______________________________________________
Colleen M. Santo
Secretary to the Zoning Board of Appeals
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