Zoning Board of Appeals

Approved MINUTES OF A MEETING OF THE ZONING BOARD OF APPEALS VILLAGE OF NORTHBROOK COOK COUNTY, ILLINOIS August 27, 2012 1. Call to Order Chairman Decker called the meeting to order in the Board Room of Village Hall, 1225 Cedar Lane, at 7:35 PM. On roll call, present were: Members Craig, Lown, Robicsek, Schofield, and Chairman Decker (5). Members Menn and Pick were absent (2). Chairman Decker declared that a quorum was present. Village staff present included J. Maisch, Zoning Administrator and Code Enforcement Official, and S. Seiden, Recorder. 2. Review of Minutes Member Robicsek motioned to approve the minutes of the May 21, 2012 meeting of the Northbrook Zoning Board of Appeals (ZBA) without corrections. The motion was seconded and, on a voice vote, the motion carried. 3. General Public Comments There were no comments from the public. 4. Public Hearings and Consideration of Petitions Chairman Decker announced that the scheduled dockets would first be heard in the public hearing portions of the meeting; ZBA deliberations and decisions regarding said dockets would occur immediately following each of the respective hearings, during the regular meeting. He invited those in attendance to stay for the duration of the meeting. Those who were unable to stay should contact Ms. Maisch for the results. As required by state statute, the hearing notices for Docket Numbers 12-Z-5 and 12-Z-6 were published in the August 9, 2012 Northbrook Star. DOCKET NO. 12-Z-5--Petition by David and Amber Miller for a variation from Section 3-110C(b)(2)(i) of the Zoning Code to reduce the required interior side yard from 9’ to 6’ -1” on the property commonly known as 944 Western Avenue. (PREI No. 04-09-109-010) The variation is requested to construct a home addition. Upon swearing in Mr. and Mrs. Miller, Chairman Decker explained to them that since two ZBA members were absent from the meeting and a minimum of four “aye” votes were necessary to approve a petition, the applicants could postpone their hearing until the following ZBA meeting in September 2012. The possibility of having a preliminary, non-binding conversation about the petition also was discussed. However, in an effort to move their home addition project forward, Mr. and Mrs. Miller elected to proceed, as scheduled. Accordingly, Mr. and Mrs. Miller presented their petition. They proposed demolishing their existing 183- square feet covered patio and replacing the three-season room with a 490-square feet kitchen and family room expansion. The existing 2-story house is situated on the property at an angle and not  2 parallel to the side lot lines. The house currently meets all setback requirements with the exception of the northwest corner of the enclosed patio, which has a setback of 7’-1, while 9’ is required. A signed letter dated August 17, 2012 from Bill and Leslie Ferrell, neighbors who reside directly to the north of 944 Western, was shared with the ZBA. In the letter, Mr. and Mrs. Farrell expressed their full support for the variance request. Chairman Decker noted that the petitioners could relocate the chimney from its proposed location and create an angled fireplace in the northwest corner of the family room—fireplaces may encroach into a required yard up to 2’—and, in so doing, meet the required setback and eliminate the need for a variation. The applicants responded that moving the fireplace from its proposed location would, in their view, compromise the overall design of the home. Member Robicsek commented that the addition could be constructed in numerous ways, none of which require a variance. Consequently, he requested that the petitioners further explain their hardship. Mr. and Mrs. Miller cited cost concerns, as well as concerns regarding sacrificing the physical appearance of the home if the design plan were to be changed. They did not wish to make the financial investment of undergoing the addition if they would not be satisfied with the final result. Member Craig noted that the area in question is one-foot in size and represents a small portion of the overall addition. He also commented that the request results from the angle of the home on the lot and the neighbors would not be negatively impacted by the variance. The petitioners emphasized the severity of the angle at which their house sits on the property. They did not construct the residence and, therefore, did not create this angle. Member Craig motioned, seconded by Member Robicsek, to close the public hearing. On a voice vote, the motion carried. Member Craig noted the relative smallness of the variance request and the fact that granting the variance would not impact the surrounding neighbors. Member Lown concurred, questioning the wisdom of modifying the design over one-foot of space. While he maintained that the design could be modified in several ways to obviate the need for a variance, Member Robicsek acknowledged that the request was relatively minor. Chairman Decker also allowed that other designs would detract from the desired “right angle” look of the home. Accordingly, Member Lown motioned, seconded by Member Robicsek, to accept the proposed variation request by David and Amber Miller to reduce the required interior side yard from 9’ to 6’ -1” on the property commonly known as 944 Western Avenue, subject to the following condition: That the addition be constructed in substantial compliance with the undated site plan and drawings dated August 1, 2012, and reviewed by the ZBA on August 27, 2012. The motion carried by the following roll call vote. Ayes: Members Craig, Lown, Robicsek, Schofield, and Chairman Decker (5). DOCKET NO. 12-Z-6--Petition by Thomas Budzik, TB Architecture PC, 211 S. Maple Lane, Prospect Heights, IL, 60070, on behalf of the owners, Salim and Laila Hemani and Azim and Azmina Hemani, for an exception to Section 9-107 L of the Zoning Code to increase the maximum permitted height of  3 a fence located in a required yard from 3-feet to 6-feet on the property commonly known as 3240 Sunset Trail. (PREI No. 04-17-300-028) The exception is requested to construct a new fence around the perimeter of the property. Ms. Maisch commented that if the ZBA should accept the exception request, verification of notices should be a condition for approval. Upon Chairman Decker swearing in the petitioners, Messrs. Hemani and Michi Mho presented their petition. Construction on the home began in 2006 and, subsequently, sat idle until the petitioners purchased the property and took over completion of the construction in 2010. For purposes of security and privacy, as well as to reduce potential liability, Messrs. Hemani and Mr. Mho proposed installing a 5- feet black wrought iron face around the perimeter of the property, with 5-feet black wrought iron posts on the north side and 6-feet high masonry piers placed at even intervals on the east, south, and west sides of the fence. Additionally, two 6-feet high, motorized, black wrought iron gates on the south side driveway entrances accessing the property were proposed. Messrs. Hemani and Mr. Mho noted that the proposed fence would be consistent with the style of the home and those in the surrounding area. They also commented that a 6-feet high fence was necessary for safety reasons around the swimming pool, as well as the area where children would play, and a 3- feet high fence would not be sufficient to deter unwanted guests from “jumping the fence” onto their property. Member Robicsek questioned the petitioners about the parkway trees depicted on the landscape plan and, specifically, whether the Village had approved the trees. Messrs. Hemani and Mr. Mho responded that additional trees were planted because of the difficulty of adding more trees later on and that the Village approved the trees. Ms. Maisch clarified that the Village had not approved the maple trees planted on Village property and that these trees require greater separation to thrive. Messrs. Hemani and Mr. Mho expressed their willingness to remove the trees, to which Ms. Maisch suggested that they work with the Public Works Department to appropriately address the issue. Mr. Robicsek explained to the petitioners that should the ZBA accept their exception request, approval would likely be contingent upon installation of the interior landscaping, as shown in the landscape plan, and correction of the inappropriately planted trees in the parkway. Chairman Decker also clarified that the gate would open inwards. Member Robicsek motioned, seconded by Member Craig, to close the public hearing. On a voice vote, the motion carried. Upon determining that the petitioners met the standards required for an exception, Member Robicsek motioned to accept the proposed exception request by Thomas Budzik, TB Architecture PC, 211 S. Maple Lane, Prospect Heights, IL, 60070, on behalf of the owners, Salim and Laila Hemani and Azim and Azmina Hemani, to increase the maximum permitted height of a fence located in a required yard from 3- feet to 6-feet on the property commonly known as 3240 Sunset Trail, subject to the following conditions: 1) That the fence be constructed in substantial compliance with the site plan and fence drawing reviewed by the ZBA on August 27, 2012, 2) Installation of the interior landscaping as shown on the landscape plan dated October 31, 2011,  4 3) Replanting of the trees in the parkway, according to the approved plan dated September 7, 2010, with minor changes approved by the Village Aborist, and 4) That all relevant notice requirements are satisfactorily met. The motion was seconded and approved by the following roll call vote. Ayes: Members Craig, Lown, Robicsek, Schofield, and Chairman Decker (5). 5. Old Business There was no old business. 6. New Business Ms. Maisch announced that there would likely be a ZBA meeting in September 2012. Member Robicsek emphasized the importance of ZBA members rigorously ensuring that petitioners satisfactorily meet the standards for variation and recalled several previous examples of when the ZBA had done so. 7. Adjournment There being no further business, Member Craig motioned, seconded by Member Robicsek, to adjourn the meeting. On a voice vote, the motion carried. Chairman Decker adjourned the meeting at 8:20 PM. Respectfully submitted, /s/ Stacy J. Seiden Recorder