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Minutes - 03/07/2000 - Zoning Board of AppealsVILLAGE OF OAK BROOK ZONING BOARD OF APPEALS MINUTES March 7, 2000 1. CALL TO ORDER The regular meeting was called to order at 7:34 p.m. MEMBERS PRESENT: Chairman Members MEMBERS ABSENT: ALSO PRESENT: Trustee Director of Community Development A quorum was present. Champ Davis Paul Adrian Richard Ascher George Mueller Manu Shah Ayesha Zaheer Louis Aldini Alfred Savino Robert Kallien Zoning Board of Appeals Chairman Davis welcomed Ayesha Zaheer as a new Zoning Board of Appeals member. 11. APPROVAL OF MINUTES Member Mueller moved, seconded by Member Shah, to waive the reading of the June 1, 1999 and the October 5, 1999, regular Zoning Board of Appeals meeting minutes and to approve them as written. VOICE VOTE: All in favor. Motion carried. Ill. O'DONNELL — 344 FOREST TRAIL DRIVE - VARIATION SIDE YARK SETBACK Terry and Jan O'Donnell, petitioners, were sworn in by Chairman Davis. Terry O'Donnell reviewed the location and history of the property. The home is a legal nonconforming structure that had been built in 1951 under County zoning, prior to the incorporation of the Village and was set on an angle on the lot. The side yard set back ranged from 7.74 to 8.80. In 1989 they attempted to build an attached two -car garage, but were restricted to comply with the Oak Brook Code and the garage constructed was in reality a 1 -1/2 car garage. This causes constant problems daily in entering and exiting the vehicles. The exterior design was also greatly affected as shown on page F -2 of the petition file. ZONING BOARD OF APPEALS Minutes March 7, 2000 R0Y The proposed plan would be much more attractive than the present structure. They are seeking to extend the existing garage to follow the design of the original home, which will reduce the side yard setback to approximately 8'6" from the 12 -foot required in the R3 zoning district. They have reviewed the proposed plans with the neighbors bordering the north side and they do not object to the addition. The condition causing the request is unique and not of their making, because of the angle the house was built on, and its positioning on the lot at a time prior to the subdivision's annexation into Oak Brook. A letter of explanation with the relevant factors addressed is included in the petition file (page D). Chairman Davis said that for a variation to be granted, the applicant is required to meet certain criteria, and one is unique circumstance. The original house was set on angle on the lot. In 1989 the petitioner added a garage and because of the setback requirement result in a 1 -1/2 car garage that is presently almost nonfunctional. The petitioner's request will not be detrimental to the welfare of the surrounding properties and will not alter the character of the locality; most people will not notice it. Member Ascher noted that he lives in the subdivision and that many homes were built long before the area was annexed into Oak Brook. It has created a hardship on some of the properties and would recommend approval of the variation request. Director of Community Development Kallien said that the expansion into the side yard would be consistent with the existing building line that was created when the home was originally constructed. The visual impact from the property to the north and from the street should be minimal. No one in the audience spoke in support of or in opposition to the requested variance. Member Ascher moved, seconded by Member Mueller that the petitioner by his testimony and supporting documents has met the requirements of the Zoning Ordinance and to recommend for approval the variation as requested. ROLL CALL VOTE: Ayes: 6 - Adrian, Ascher, Mueller, Shah, Zaheer and Davis. Nays: 0- Absent: 1 - Aldini. Motion Carried. IV, VILLAGE OF OAK BROOK- rnMPRFNFNgiVF P1 AN AND ZONING ORDINANCE UPDATE - STATUS REPOR C'6 K•,o Jac. Atoj Director of Community Development K and amending the Zoning Ordinance. content of the current Zoning Ordinar changes because it is difficult to find th e is in the process of reviewing section by section basis. The it it needs some organizational ical changes will however occur. As an example, there may be a better guarantees architectural controls /design issues in our commercial areas. Also, some provisions (i.e., parking standards, uses, etc.) are out of date that needs to be updated. After the proposed text amendments have been reviewed by the Plan Commission, they will submit a recommendation to the Zoning Board of Appeals and the Board of Trustees. The Zoning Board of Appeals will conduct the public hearing and submit its report to the Board of Trustees for its adoption in accordance with applicable Illinois Statutes. ZONING BOARD OF APPEALS Minutes March 7, 2000 2 'QTY The Village is also reviewing the Lohan and Metro Transportation Study as an amendment to the Master Plan. After the Board of Trustees has reviewed the final proposed documents, the draft Comprehensive Plan will be submitted to the Plan Commission for review. The major aspects of the review will be increased FAR's and road improvement plans. Any comments that either the members of the ZBA or Plan Commission have on these updates should be forwarded on to me in the Department of Community Development. V. OTHER BUSINESS There was a brief discussion regarding the use of the Zoning Ordinance Reference Booklets. Chairman Davis briefly summarized the contents of the Booklets and encouraged all members to refamiliarize themselves with the contents because it has been some time since the Zoning Board last met. Member Ascher voiced his concerns regarding the "wall" on Jorie Blvd, surrounding the Forest Gate Subdivision. He did not know that a wall was going up and perhaps would have been more conscious of its impact. Realizing that it is too late to do anything about it now he would like to make sure that something like this does not happen again and wonders how something like this may have slipped by. Chairman Davis then deferred to Trustee Savino for his comments on the matter. Trustee Savino responded that in general the community is concerned with the visual impact of the wall, wondering how the wall got by. Apparently, the wall was not depicted on the Preliminary plat and Special Use application. It was not included on the preliminary plat. Often when the attorney prepares the Ordinances and Resolutions, a statement is included that the site is to be developed in substantial conformance of the approved plan submitted. Director of Community Development Kallien said that to avoid this type of situation in the future, a keener eye needs to be kept during the process to know what the potential development will look like at the end product. As an example, it may be a good idea to require the developer to provide a computer image of the finished product. Many firms now have the computer technology and are capable of doing this. Trustee Savino also stated that perhaps an architectural review committee be in place to review the plans because it appears that some of the aesthetics of the development are left behind. He said that he realizes this kind of committee would not have any legal standing in the legal system, but it could be in place to check things that may be overlooked in the process. Trustee Savino noted that the Village does not have an Ordinance against chain link fencing and he thinks they look terrible. The fencing stands out at the top of the wall and they could have made it blend in better by making the color of the fencing black or green with additional foliage on the outside of the fence. He would like to do away with chain link fencing and see wrought iron fencing used instead. During the review of the Zoning Ordinance he would like to see those changes made. Director of Community Development Kallien stated in regard to the Forest Gate fencing, that over time it will become less obvious as the landscape grows and fills in, but that could take some time. ZONING BOARD OF APPEALS Minutes March 7, 2000 3 V tt Vl. ADJOURNMENT Member Ascher moved, seconded by Member Mueller to adjourn the meeting. VOICE VOTE: All in favor. Motion carried. Meeting was adjourned at 8:10 p.m. Director of Community D&4eApment Secretary April 4, 2000 Date Approved ZONING BOARD OF APPEALS Minutes March 7, 2000 4