Loading...
Minutes - 10/01/2002 - Zoning Board of AppealsVILLAGE OF OAK BROOK ZONING BOARD OF APPEALS MINUTES October 1, 2002 1. CALL TO ORDER The regular meeting was called to order at 7:38 p.m. MEMBERS PRESENT: Chairman Champ Davis Members Richard Ascher George Mueller Manu Shah Ayesha Zaheer MEMBERS ABSENT: Member Louis Aldini ALSO PRESENT: Village Trustee Alfred Savino Village Engineer Dale Durfey Director of Community Development Robert Kallien A quorum was present. Il. APPROVAL OF MINUTES Chairman Davis requested that the minutes be amended and reviewed at the next regular meeting. Member Shah moved, seconded by Member Zaheer to continue the approval of the September 3, 2002 Regular Zoning Board of Appeals meeting minutes to the next regular meeting. VOICE VOTE: All in favor. Motion carried. W. SPRIESER - 3423 SPRING ROAD - VARIATION - FENCE HEIGHT PROVISIONS Chairman Davis swore in John Sprieser, the owner and applicant for the property located at 3423 Spring Road. He is seeking to replace an existing 72 -inch chain link fence. He said that a letter of explanation is contained in the petition file is very clear as to what he is seeking and he welcomed any questions. Member Mueller noted from the submittal documents that a portion of the fence is being extended beyond what originally exists. (The area is highlighted in green on page H of the petition file) Mr. Sprieser agreed. Chairman Davis confirmed that they are seeking to construct a six -foot high chain link fence and questioned what proportion is replacing the six -foot high chain link fence. Mr. Sprieser responded 85 %. He noted that he does not know who built the fence. It was not the person that redeveloped the house in 1988 and was not the prior owner, or himself. He does not know why an approximate 50 -foot gap was left in the chain link fence. They wish to replace it so that it is consistent with the remaining 150 feet of fence. He said that he believes the fence has had to be there for at least 20 years. Mr. Sprieser noted that the immediate neighbors have been notified. ZONING BOARD OF APPEALS Minutes ZBA- MTG.2002 -OCT October 1, 2002 Chairman Davis noted that certain standards must be satisfied before a recommendation can be made. Mr. Sprieser said that he responded to each of the standards in his submittal (on page F of the petition file). Member Mueller asked if there was a fence on the other side of the property. Mr. Sprieser responded that there is a six -foot chain link fence located along the northern boundary of the property at 3515 Spring Road. Another portion of his property has a 42 -inch wooden split rail fence and conforms to the code and he is not changing that portion. Member Ascher asked what kind of access there is onto his property from the forest preserve. It seems like it might be difficult for people to get through the underbrush. Mr. Sprieser said that he has called the police twice because people have come through onto his property. So have other people and if someone is determined to get through they are going to. You could also walk around to the front of the house and walk up the driveway too, but at least some effort has to be made to do that. Chairman Davis said that the photos show where the chain link ends and where the split rail begins (on photos numbered 5 and 6). He asked if the entire length of the split rail is as shown on those pictures and Mr. Sprieser responded that it was. Chairman Davis ask for a clarification of the response to the standards, wherein it was stated that the majority of similarly situated neighboring owners have similar fences on their borders with the forest preserve. Mr. Sprieser noted that there are two neighbors, but in all fairness, it is an overstatement to say that the majority of similarly situated people along Fullersburg Woods have them. Member Zaheer asked if the chain link fence was going on top of the existing concrete foundation or will they be replaced. Mr. Sprieser said that, as he understands it they have to be set in concrete or the posts will heave after a few years. Chairman Davis noted that Mr. & Mrs. Sprieser have addressed the standards, which would apply to their request for granting of the variation. It appears that the standards have been satisfied. No one in the audience spoke in opposition to the request. There were no other questions from the members. Member Ascher moved, seconded by Member Shah that the petitioner has met the standards that are necessary to recommend for approval of the Variation to the fence ordinance and the development shall be in substantial with the plans as submitted. ROLL CALL VOTE: Ayes: 5- Ascher, Mueller, Shah, Zaheer and Davis Nays: 0- Absent: 1 - Aldini Motion Carried. IV. PARILLE — 214 FOREST TRAIL— FLOOD PLAIN SPECIAL USE TO ALLOW A DRIVEWAY AND A PORTION OF THE GARAGE IN THE FLOOD PLAIN Chairman Davis swore in Anthony and Karyn Parille, the petitioners and owners of the property and Bill Lorek, P.E., the consulting Engineer on the project. Mr. Lorek said that he is a registered Professional Engineer in Illinois and a Civil Engineer with an office in Glen Ellyn, Illinois. He prepared the flood plain calculations and the design of the grading and compensatory storage for the site. ZONING BOARD OF APPEALS Minutes 2 ZBA- MTG.2002 -OCT October 1, 2002 Mr. Lorek reviewed the request. Presently there is construction taking place on an addition at the rear of the existing house that is not in the flood plain. They are proposing to add a 3 -car garage on the front of the house. Presently the house has a driveway on the south side of the lot, which will be occupied by the proposed garage or will be removed. A small stretch of it will be retained out to the street. They are proposing to extend the drive into a horseshoe style in order to have access to the proposed garage. The present driveway is not in the flood plain. Although the area of house is above the flood plain elevation, by the street there is a base flood elevation of 662.0 and the report from Mr. Durfey indicates that they believe the flood plain elevation will actually be reduced next year. There have been some new studies and it will be lowered. However, at this time the Parrilli's would like to finish their addition and get all the construction done so they can enjoy their home and their neighbors would not have to deal with construction all through next summer. The 662.0 contour comes just across the east end of the garage. There is actually a small amount of fill needed for the driveway and the area as it crosses the road culvert. The total fill is 1397 cubic feet, which is a small volume. If you took a typical two -car garage two feet deep, that is about the volume of fill they are talking about. The Ordinance requires that they compensate for the filling by excavating at a rate of 1.5:1 times the volume, which amounts to 2178 cubic feet, which is slightly in excess of the requirement. They are proposing to offset the filling for the corner of the garage and a little of the driveway by filling in the front area inside the driveway. They are also working to preserve oak trees that are in the front of the property. The compensatory storage will be provided in the area between the driveway and the street. It would start with a slight taper and would go down less than two feet in any place. The standards were read into the record at the meeting at the Plan Commission (page 9a of the petition file). The Plan Commission recommended approval of the request subject to certain conditions. Chairman Davis asked what would cause the flood plain to be amended. Village Engineer Durfey said that DuPage County is doing a remapping with the state and FEMA and will take into account the dredging that was done after the 1987 flood event as well as a remapping that Elmhurst accomplished further upstream. The change will go from Roosevelt Road down to the Fullersburg dam by York Road. Member Ascher commented that he lives down the street from the petitioner and the improvement to the site is better for the entire neighborhood and being familiar with the area cannot see that it would cause much damage or create a problem. No one in the audience spoke in opposition to the request. Member Ascher moved, seconded by Member Shah that the petitioner has met the standards that are necessary to recommend for approval of the Variation to the fence ordinance and the development shall be in substantial with the plans as submitted. ROLL CALL VOTE: Ayes: 5- Nays: 0 - Absent: 1 - Motion Carried. V. OTHER BUSINESS Ascher, Mueller, Shah, Zaheer and Davis Aldini There was no other business discussed. ZONING BOARD OF APPEALS Minutes 3 ZBA- MTG.2002 -OCT October 1, 2002 Vl. ADJOURNMENT Member Mueller moved, seconded by Member Shah to adjourn the meeting. VOICE VOTE: All in favor. Motion carried. Meeting was adjourned at 8:02 p.m. ZONING BOARD OF APPEALS Minutes 4 ZBA- MTG.2002 -OCT Director of Comm 'r ffevelopment Secretary November 5, 2002 Date Approved October 1, 2002