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Minutes - 06/28/2006 - Zoning Board of AppealsMINUTES OF THE JUNE 28, 2006 RESCHEDULED REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON AUGUST 1, 2006 1. CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the Samuel E. Dean Board Room of the Butler Government Center at 7:30 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis; Members Baker Nimry, Jeffrey Bulin and Glenn Ksietsch, ABSENT: Members Richard Ascher, Manu Shah and Steven Young IN ATTENDANCE: Robert Sanford, Trustee; and Robert Kallien, Jr., Director of Community Development Chairman Davis announced for the benefit of interested parties in the audience that the Brittwood Creek matter would be continued. 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF APRIL 4 2006 Motion by Member Nimry, seconded by Member Bulin, to approve the minutes of the April 4, 2006 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS: BUSINIS BUSINESS S There was no unfinished business to discuss. 5. NEW BUSINESS A. MCKAY -- 602 LAKEWOOD COURT — VARIATION — REAR YARD McKAY -602 LAKEWOOD CT - SETBACK — TO ALLOW THE CONSTRUCTION OF A COVERED VARIATION - REAR DECK. YARD SETBACK Chairman Davis swore in Larry McKay, the petitioner and owner of the property at 602 Lakewood Court. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 5 June 28, 2006 Mr. McKay, reviewed the request. The house was purchased in April of 2003. They did extensive remodeling, including the addition of a second floor and construction of a deck that was adjacent to the existing deck. They obtained building permits through the builder, KJK Construction whom he had seen numerous examples of his work in Elmhurst. The remodeling was completed in the summer of 2004 and the project was inspected and approved by the Department of Community Development. His wife at the time, who has since passed away, handled all the pen-nits and negotiations with KJK. She started a project to complete a small older deck that was approximately 25 years old. She was very ill; he then got involved and signed a contract with CNR Enterprises, which was really KJK reorganized. The builder, with whom he had successfully concluded a huge $300,000 remodeling project, stated that a permit was not necessary since they were replacing an existing deck with the same size structure. The builder had obtained the necessary permits and inspections for the large remodeling job, so he trusted the builder when told that a permit was not required. He contacted and spent 45 minutes with Frank Knight of the Forest Glen. Homeowner Association reviewing the plans for the structure. Mr. Knight told him that nothing was necessary as far as the homeowners association was concerned and that he saw no need for a building permit. Prior to starting the construction, he called Mr. Knight again to confirm that nothing was needed from the homeowners association; his call was not returned. The day before construction began, again he left a message for Mr. Knight advising that construction was starting and the call was not returned. Mr. Peters, the President of the Forest Glen Homeowners Association, told him that it is their belief that Mr. Knight had resigned from the board at the time the phone calls were made. The construction began around July 1, 2005, and in November, he received a notice from the Village of Oak Brook Building Inspection Department to cease work immediately. The remarks on the sticker said that work was being done without a permit and enclosing the deck with a roof. He called Tony Stevens, the Building Inspector and was told that someone from the Forest Glen Homeowner's Association had called and filed a complaint with the Village that work was being done without a permit. At that time, the work was about 95% completed. Since his wife had done the original remodel with the builder and had begun the replacement deck project, he was not experienced in the need for permits. He had relied on the builder and the Forest Glen Homeowners Association for their advice in the matter and was told by both parties that he had done everything needed for the project. He did not realize that putting a VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 5 June 28, 2006 roof on the deck would cause a code violation. It was basically replacing the existing 25 year old deck, which was in need of repair and poorly constructed. The deck is almost completed and removing the deck would be costly, which would be around the same price to remove as he paid to have it built, running an additional $8,000 - 10,000. It would also leave the structure with an unfinished appearance. He apologized for the violation to the ordinance and respectfully requested that the Zoning Board of Appeals recommend approval of the variation. Chairman Davis requested an explanation of the offense and the specific relief being sought. Mr. McKay responded it was his understanding that covering the deck with a roof creates a new standard for the deck, which requires a 30 -foot setback from the rear property line. The deck is approximately 15 -feet wide and the variance request is for about 15 feet. At the rear of his property, there is a pond, which is Park District property. He talked to and received a letter from the neighbors on both sides, as well as, across the pond from his home. Everyone feels that the deck adds to the ambiance of the area. He said that he was sorry that he caused the problem. Chairman Davis noted that the problem occurred when the roof was added to the deck it created a permanent structure that made it subject to the setback restrictions. Without the roof, the same pattern would exist, but without the restrictions. Chairman Davis noted that a letter from Mr. Peters of the Forest Glen Homeowner Association is in the case file on page C; and there are letters from the next -door neighbors, as well as other nearby neighbors. Harry Peters, 808 Wildwood Court, President of the Forest Glen Homeowners Association, said that one of the things that contributed to this issue was that they had an architectural chairman on their board that was a builder and who was very casual about what he did. Talking to other homeowners, whose projects he oversaw, they were not documented very well; and he may have misrepresented the Forest Glen Homeowners Association position. The Association position is to protect their neighborhood through the covenants in their architectural review, when they can stop a project if they believe it is going to be inferior to what is required. They never want to step on Village requirements. Everyone on their board knows that the Village ordinances supersedes any authority they have. Frank Knight who has since moved to Florida and was unavailable, probably misrepresented things to Larry McKay, VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 5 June 28, 2006 In that Larry was new to the neighborhood and after what he had gone through, he looked to the Homeowners Association; and was told everything was fine. The structure has been inspected and it is a wonderful piece of construction. It is well made and of a high quality. It is aesthetically pleasing and their board has discussed this matter at length and have no problem with what has been constructed. It is very nice and they ask the Zoning Board of Appeals give consideration to recommend the variance requested. Chairman Davis said that the petitioner had addressed the standards required for approval of the variation in writing on page D of the case file. No one in the audience spoke in opposition to the request and no letters of opposition were contained in the case file. Chairman Davis said that applicant's plight has been established on the basis of a unique situation. It is important that the recommendation for a variation not be detrimental to the neighborhood. Based upon the letters of support in the case file, it appears that it would improve the character of the neighborhood. The Zoning Board of Appeals considers those factors in their recommendation. Member Nimry questioned that if the deck or the house were ever demolished, any new structure would have to comply with the Ordinance. Director of Community Development Kallien responded that the variation only applies to this particular improvement. If there were a desire to make the encroachment larger, another variation would be required. Chairman Davis noted that variations run with the land, so to speak. If the variation is approved, and the property is sold it stays with the land. Motion by Member Krietsch, seconded by Member Nimry that the applicant has addressed the required standards to recommend approval of the variation as requested for the property at 602 Lakewood Court to allow the completion of the construction of the covered roof over a portion of the deck in the rear yard as proposed and subject to the following condition: 1. The construction to be completed in substantial conformance with the plans submitted on page J, K and M of the case file. ROLL CALL VOTE: Ayes: 4 — Members Bulin, Krietsch, Nimry, and Chairman Davis Nays: 0 — None. Absent: 3 — Members Ascher, Shah and Young. Motion Carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 5 June 28, 2006 WI B BRITTWOOD CREEK LLC -- MAP AMENDMENT -- 13RITTWOOD CREEK, LLC — APPROX 57 APPROXIMATELY 57 ACRES OF VACANT PROPERTY LOCATED ACRES or VACANT SOUTH OF 35"' STREET AND EAST OF ROUTE 83 -- MAP OAND 35"' ST AND E OF ROUTE 83 —MAP AMENDMENT -- TO REZONE THE WESTERN PORTION OF THE AMENDMENT — PROPERTY FROM R -1 to R -2 THE OROPERT ON OF FROM R -2 to R -2 Chairman Davis said that a request for a continuance was received from an active attorney that has been participating in the proceeding to continue it. The Chairman has agreed to grant the request. There is no opposition to the request from Mr. Morrissey, who is counsel for the petitioner. After the request was made, the members were polled and a special meeting will be scheduled. The members and the parties have agreed to schedule the meeting to July 26, 2006 and in view of the possible length of time of the meeting, it will start at 7:00 p.m. 1. Motion by Member Bulin, seconded by Member Krietsch to continue the public hearing to a special meeting on July 26, 2006 at 7:00 p.m. ROLL CALL VOTE: Ayes: 4 — Members Bulin, Krietsch, Nimry, and Chairman Davis Nays: 0 -- None. Absent: 3 — Members Ascher, Shah and Young. Motion Carried. 6. OTHER BUSINESS: OTHER BUSINESS There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Member Krietsch, seconded by Member Bulin to adjourn the meeting at 7:50 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, Direc or of Co unity Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 5 June 28, 2006