MINUTES OF THE ZONING BOARD OF APPEALS MEETING

HELD ON OCTOBER 17, 2007

                        The Zoning Board of Appeals of the Village of Palos Park, Cook County, Illinois held a meeting on Wednesday, October 17, 2007.  Chairman Lencioni called the meeting to order at 7:33 p.m.  Answering to roll call were members:  Joseph Neverauskas, Stephen Maier, Gerald Dill, Jack Martin. Nancy Konior and Cathy Saylors were absent.  Also in attendance was Craig Eyer, Director of Building and Zoning, and Colleen Santo, Deputy Village Clerk. 

APPROVAL OF MINUTES:   Mr. Dill moved, seconded by Mr. Martin, to approve the minutes of the July 25, 2007 meeting as presented.   

Upon roll call vote, the motion carried as follows:

AYES:-5- Board Members Dill, Martin, Neverauskas, Maier and Chairman Lencioni

                NAYS: -0-

                ABSENT: -2-Board Members Nancy Konior and Cathy Saylors 

                PETITION OF MR. AND MRS. KRATES, 105 Forest Edge Drive, Palos Park, IL requesting a side yard setback variance of 5’ to the required 28’ to build a garage addition.  This would create a side yard setback of 23’ from the line, which is an 18% variance request.

PETITIONER RESPONSE:  Mr. Krates stated that he would like to add a single garage space to the existing garage space he currently has. Mr. Krates stated that if he built the new garage space in the 28’ setback it would require relocating his air conditioning system and duct work for his furnaces, but if he was granted the 5’ setback, which primarily encroaches on the back corner of the garage, it would be enough space between the garage and the air conditioning units for adequate ventilation.  Mr. Krates also stated his home was a spec house and it was already bricked when he purchased. 

NEIGHBORS:  No neighbors present.   

DISCUSSION:  Chairman Lencioni stated there are no neighbors present, but asked Mr. Krates if he had spoken to any of his neighbors.  Mr. Krates stated his neighbor across the street was suppose to be at the meeting to support Mr. Krates and the neighbor to the north, Mr. Mike Fegan, wished him well earlier in the day.  Mr. Eyer stated that the Krates home was one of the first built and it is one of the smallest compared to what is currently being built in the subdivision.  Mr. Maier stated there is construction at Mr. Fegan’s, which is a pool and pool house that is located near the area that the Krates would like to build.  He also stated that the Fegan house is set back further and he was concerned with the side yard variance.  Mr. Eyer stated that the side yard setback for the neighboring property to the north is 25’.  Mr. Maier stated that the house is gorgeous and that he was concerned that the Krates are trying to jam too much stuff in one area.  He stated there is a pool house and that the proposed garage is two stories plus the Krates are putting an addition on the south side of their home; will there be enough space between the homes.  Mr. Eyer stated there will be about 50’ between the two homes regardless of the variance request.  Mr. Dill asked Mr. Eyer how far the pool house is from the property line.  Mr. Eyer stated about 20’.  Mr. Krates stated that the back of the proposed garage will come out as far as his current patio and then there is an additional 30’ behind his patio and to the north is where Mr. Fegan’s pool house is.   Mr. Krates stated that the garage will not be near the pool house.  Mr. Krates also stated that Mr. Fegan built his home more to the north so that already gives them more space between the two homes.  Chairman Lencioni stated it is a fair request, but asked what is the real hardship.  Mr. Martin stated the mechanical issues are a hardship.  Mr. Maier stated that the proposed single car garage is wide and it could be made 5’ narrower and still fit a car.   

VARIATION REQUEST CHECKLIST:  The Zoning Board Exhibit D stated that the plight of the owner is due to unique circumstances. 

HARDSHIP:  The skew of the existing house with all mechanical units located in one area.  

CHAIRMAN LENCIONI ASKED FOR A MOTION:   Mr. Martin moved, seconded by Mr. Dill to approve the variance request for a side yard setback.  Upon roll call vote, the motion carried as follows: 

                AYES:-4- Board Members Martin, Dill, Neverauskas, and Chairman Lencioni.

                NAYS:-1- Board Member Maier

                ABSENT-2- Board Members Konior and Saylors  

Chairman Lencioni advised the petitioner to attend the Village Council meeting on November 12, 2007. 

PETITION OF BROOK LANE HOMEOWNERS ASSOCIATION, 44 Brook Lane, Palos Park, IL are requesting the following variances to construct a privacy fence:

a). Total fence height of 6’ which is a 1’-6” height variance to the maximum allowable height of 4’-6” for a fence to exist at a height of 6’. 

b).  Total fence opening of 0% from 70% open space per linear foot for a fence to have 0% open space which is a variance to the minimum amount of open space for a fence.

c). Fence distance to property line of 6” which is 2’-6” variance to the required setback for fences from a property line. 

PETITIONER RESPONSE:  Mr. Guinta stated he is representing the Brook Lane Homeowners Association.  The reason for the request is because the lights from the Post Office and the lights of the cars at night glare into about 3-4 homes constantly and it gets much worse in the winter months when the foliage is gone.  More importantly the area between the Post Office and Brook Lane has been used as a dump for a long time.  Mr. Gunita stated that he has personally gone with the residents in the area and picked up everything as large as a bicycle and as small as things that he rather not mention at this time.  There is a nice path that the Homeowners Association put in between the Post Office and their property, which has an arbor/trellis with nice plants, etc. and the association plans to match the fence with the arbor.   

NEIGHBORS:  Mr. Bob Valentinas, 15 Brook Lane, was present.  He stated that he and his wife have cleaned busted glass, diapers, beer cans, an ax, etc.   

DISCUSSION:  Chairman Lencioni asked exactly where the fence will be placed.  Mr. Gunita stated that on the south side of the Post Office where there is slanted perpendicular parking.  The fence will start approximately from the front of the Post Office building and go to the rear of the building.  Mr. Guinta stated that they will keep the pathway open under the arbor to allow residents access to the Post Office, and for others to view the ponds and scenery with in Brook Lane.  Chairman Lencioni asked if the fence had been presented to the Post Office.  Mr. Guinta stated he spoke with the Post Office management as well as the owner of the property and both parties all for a fence.  Mr. Guinta also stated he has intentions of putting small signs on the side of the fence that faces the Post Office that states no loitering.  Mr. Guinta stated the fence will be roughly 3 feet from the curb line.  Mr. Dill asked if any trees were going to be removed.  Mr. Guinta stated no it’s mostly foliage and there is already a clearing for the fence.  Chairman Lencioni stated he understands the reason for a solid fence, but questioned the height of the fence.  Mr. Guinta stated there are lights form the Post Office building that affects the homeowners.  Mr. Valentinas stated the lights are on all night.  Chairman Lencioni asked if the fence contractor is concerned because it is a linear fence with out any kind of return.  Mr. Guinta stated that with any fence it is important to make sure there is a good foundation and that the posts are deep enough.  The fence is also between an end unit and the Post Office so it will not be in the wind directly.  Mr. Guinta also stated the fence will be away from the curb to avoid vehicle bumpers hitting the fence.    

VARIATION REQUEST CHECKLIST:  That the plight of the owner is due to unique circumstances. 

HARDSHIP:  Brook Lane Homeowners Association is adjacent to the Post Office parking lot, which is zoned residential, but used as commercial.  The lighting from the Post Office and head lights from the patron’s vehicles present a continuing nuisance to the residents of Brook Lane.  Also, the Brook Lane property is the constant recipient of a wide variety of trash and litter that postal patrons dump near the property line. 

CHAIRMAN LENCIONI ASKED FOR A MOTION:  Mr. Dill moved, seconded by Mr. Maier to approve the variance requests (letter a through c).  Upon roll call vote, the motion carried as follows: 

AYES:-5- Board Members Dill, Maier, Neverauskas, Martin, and Chairman Lencioni.

                NAYS:-0-

                ABSENT:-2- Board Members Konior and Saylors 

Chairman Lencioni advised the petitioner to attend the Village Council meeting on November 12, 2007.   

ADJOURNMENT:  There being no further business Chairman Lencioni adjourned the meeting at

8:15 p.m.    Upon voice vote the motion carried with five yes votes. 

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Colleen Santo, Deputy Clerk