Zoning Board of Appeals

APPROVED MINUTES OF A MEETING OF THE ZONING BOARD OF APPEALS VILLAGE OF NORTHBROOK COOK COUNTY, ILLINOIS May 23, 2016 Call to Order Chairman Decker called the meeting to order at 7:31 p.m. in the Board Room of Village Hall. Chairman Decker and Members Craig, Geslicki, Len, Lown, Schofield, and Wolfmark were present. A quorum was present. Village of Northbrook Staff present included Jennifer Maisch, Zoning Administrator, and Kendra Kim, Recorder. Review of minutes – March 21, 2016 Meeting Member Craig, seconded by Member Wolfmark, moved to approve the minutes of the March 21, 2016 meeting, as presented. On a voice vote, the motion carried unanimously. General Comments There were no general comments. Chairman Decker announced that the docket would first be heard in the public hearing portion of the meeting. ZBA deliberation and decision regarding the docket would occur immediately following the public hearing, during the regular meeting. It was announced that if members of the audience are not able to stay for the regular meeting, they can contact the Zoning Administrator for the results. Petitioners will be sworn in and should address the Board. Neighbors within 250 ft. were notified of each new petition. As required by state statute, the hearing notice for Dockets 16-0003, 16-0004, 16- 0005 was properly published in the Northbrook Star on April 28, 2016. Public Hearing and Consideration of the Following Petitions: DOCKET NO. ZBA 16-0003 (4000 MAPLE AVENUE - FENCE) – Petition by Steven Macklin, Fleck’s Landscaping, 210 Industrial Drive, Wheeling, IL 60090, on behalf of the owners Sergey and Borislava Kachar, for an exception to allow an increase in the fence height in the required front yard from 3’ to 5’ for a property in the R-3, Single Family Residential District. The Property is commonly known as 4000 Maple Avenue (PREI No 04-07-402-018) and is the site of a single-family home. The exception has been requested to install a new black aluminum fence. Member Len announced for the record that he is familiar with the applicant but has no business interests in this application. Steve Macklin of Fleck’s Landscaping and Sergey Kachar, the resident of 4000 Maple, were sworn in to present to the board. They confirmed that notice was provided to neighbors of their petition. Mr. Macklin presented the request for a 5’ fence along the front yard, instead of the currently limited 3’ fence. Reasons for this exception included safety in light of the retention pond and spa in the back yard and the intention to prevent children from accessing the yard. Also the applicant raised the argument of the visual continuity and aesthetics of the property. He also pointed out that a neighboring property 3-4 houses to the east also has a 5’ fence in the front yard so this would not stand out as unique or unusual on the street. Administrator Maisch stated that lighted columns are permitted up to 10’ in height without a variation or exception. Member Geslicki inquired as to the priority for the fence height, if it is more of a safety concern or a matter of aesthetics. He inquired about the possibility of a fence surrounding the retention pond as an alternative safety measure. Mr. Macklin acknowledged that aesthetics is the higher priority. With the scale of the home, a 5’ fence is visually preferable to 3’. The homeowner does not wish to have a fence surrounding his pond or spa, and would prefer the fence to encompass his entire property. Member Craig inquired about the spa and its functionality. Mr. Macklin confirmed that the spa is not yet operational but will be in the future. Member Wolfmark inquired as to whether the property referenced with the 5’ fence to the east falls within incorporated or unincorporated Northbrook. Mr. Macklin confirmed that it is unincorporated Northbrook, and therefore compliant with Cook County regulations. Chairman Decker queried Administrator Maisch regarding the street’s projected and current developments and the scope of compatibility referenced in the application. Administrator Maisch referenced the aerial view of the street and the prevalence of new homes that are similar in scale to the applicant’s property. Specifically she pointed to the house next door, 3936, 3904, 3988, 3872, and 3856. Member Geslicki pointed out that most of the referenced newer properties on that street fall within unincorporated Northbrook. Member Len asked about the future possibility of sidewalks at this address. Administrator Maisch was unsure of the Engineering Department’s current policy regarding sidewalk requirements for newly developed properties. Mr. Macklin stated that the fence will be set back 25-30’ off the property line, allowing plenty of room for a future sidewalk if needed. Member Geslicki asked Administrator Maisch when this property became incorporated into Northbrook. She stated she believed it was within the last year. The owner Mr. Kachar confirmed that the property was incorporated when he took ownership. There being no further remarks, Member Craig moved to close the public hearing, Member Wolfmark seconded. On a voice vote, the motion carried unanimously. Member Geslicki voiced concern that the fence will appear higher than 5’ from the street level. Member Craig stated his concern of wall-like appearance. Member Craig moved to accept petition 16-0003 by Steven Macklin, Fleck’s Landscaping, 210 Industrial Drive, Wheeling, IL 60090, on behalf of the owners Sergey and Borislava Kachar, for an exception to allow an increase in the fence height in the required front yard from 3’ to 5’ for a property in the R-3, Single Family Residential District. The Property is commonly known as 4000 Maple Avenue (PREI No 04- 07-402-018) and is the site of a single-family home. Member Lown seconded the motion, and on a roll call vote the motion passed unanimously. DOCKET NO. ZBA 16-0004 (2800 SHANNON ROAD – FENCE) – Petition by Arlene Brimer and Chris Mailing for an exception to allow an increase in the fence height in the required corner side yard from 3’ to 6’ for a property in the R-4, Single Family Residential District. The property is commonly known as 2800 Shannon Road (PREI No 04-08-202-001) and is the site of a single-family home. The exception has been requested to install a new wood, board on batten fence. Arlene Brimer and Christopher Mailing, the homeowners at 2800 Shannon Road, were sworn in to present to the Board. They confirmed that notice of this petition was provided to their neighbors. Mr. Mailing presented the request for an exception for a 6’ fence on their corner property as opposed to the 3’ fence normally limited. Around the rest of the property beyond this corner their proposed 6’ fence meets Village regulations. He stated that the proposed location of this fence borders Shabonee Elementary School. Since it is a non-residential neighbor, they hope the petition is deemed reasonable. Mr. Mailing stated that if he was a resident neighboring this fence he would be opposed to it, but since their neighbor is a school this is not a concern and therefore warrants the height exception. He explained that immediately north of the school there is a 6’ fence and so their request would be compatible and be visually symmetrical. They noted that they have a dog and want him to be able to move freely on their property. If their petition is denied, they would plan to shrink the parameters of the fence so as to maintain the 6’ enclosure for their purposes. Chairman Decker pointed out that the Board must make their decision based on the property, not the concerns related to the dog. Using the overhead projector, Mr. Mailing pointed out the location of the petition exception in relation to Shabonee School. Mrs. Brimer stated that the school driveway is set back about 240 ft. from proposed fence location, and is mostly lawn with some trees in between on the Shabonee property. Member Lown stated her familiarity with the property location, as did Member Craig. Member Len inquired as to any changes in landscaping caused by this fence. Mr. Mailing responded that most of the trees numbered on the site plans are outside of their property lines. Mr. Mailing and Mrs. Brimer stated that they have worked with the Village on removing an Elm tree. The staff recommendation of planting some bushes on the northeast corner of the property was addressed. Administrator Maisch stated that the staff suggestion that bushes be planted to address gap is at the discretion of the Board. Mr. Mailing stated that they are willing to fund the fir trees or evergreens to fill the gap referenced in the staff report, but he understands it is not typical to do that given this would fall on the parkway. He also pointed out that neighboring fences do not adhere to this recommendation and questioned this requirement in light of that fact. Chairman Decker inquired if there is any precedent for requiring residents to alter the parkway. Administrator Maisch stated there was none. There being no further remarks, Member Craig moved to close the public hearing, Member Schofield seconded. On a voice vote, the motion carried unanimously. Member Craig stated that he passes this property daily and admires the landscaping and maintenance. Member Lown also mentioned that she lives nearby and noted that there are similarly high fences all around that area and this petition would not stand out as unique in the area. Regarding the staff recommendation to plant, Chairman Decker and Member Lown agreed it was an overreach of the Board to require such recommendations. Member Lown moved to approve the petition by Arlene Brimer and Chris Mailing for an exception to allow an increase in the fence height in the required corner side yard from 3’ to 6’ for a property in the R-4, Single Family Residential District. The property is commonly known as 2800 Shannon Road (PREI No 04-08-202-001) and is the site of a single-family home. Member Geslicki seconded the motion. On a roll call vote the motion passed unanimously. DOCKET NO. ZBA 16-0005 (1655 SHAWNEE TRAIL - DECK) – Petition by Lance Shalzi, Airoom Architects, 6825 N. Lincoln Avenue, Lincolnwood, IL 60712, on behalf of the owners CJ and Christina Bauer, for a variation to reduce the required rear yard from 40’ to 22.18’ for a property in the R-4, Single Family Residential District. The property is commonly known as 1655 Shawnee Trail (PREI No 04-17-113-014) and is the site of a single family home. The variation has been requested to construct a 2nd story deck. Lance Shalzi, Airoom Architects and Christina Bauer were sworn in to present to the Board. They confirmed that notice was provided to neighbors regarding petition. Mr. Shalzi presented the petition for a rear yard setback reduction from 40’ to 22.18’ to accommodate a second story deck. The kitchen and primary living space is on the second floor and they are currently undergoing renovations of the entire upper level to better accommodate their household. He pointed out that there has been no opposition from neighbors to this request. He also explained that alternative locations, such as the front of the house, were investigated for the location of the deck but were ruled out as more costly and less desirable than the current plans to build out in the backyard. Mrs. Bauer explained that their home was originally a barn built in the 1920s, which was converted into offices, apartments, and later a single family home. Given the property’s unique history the layout and poses some challenges. The outdoor patio space is currently off the first floor, and with the kitchen upstairs, this causes lots of traveling up and down and back and forth while entertaining. The proposed deck would alleviate this inconvenience and allow the family to enjoy their kitchen/great room space optimally. Chairman Decker inquired as to the size and capacity of the proposed deck. Mr. Shalzi stated it will be 192 sf and able to bear weight of 100 lbs./sf, which exceeds standards, or around 19,200 lbs. He also noted that there will not be any additional impervious area created through this project, aside from the columns. Member Wolfmark inquired about the neighbor in the back and their consent for this project. Mrs. Bauer stated that they didn’t have their contact numbers as they are new to the area, and since the Bauers are not currently living at the property due to the renovations they did not have the opportunity to discuss the project in person with them. However, their other neighbor, Michael Friedman of 1623 Longvalley owns the property on the other side and he is present today and in support of this project. Member Len inquired about the space on the first floor. Mrs. Bauer explained that there is a great room, an office, a mud room, and a bathroom on the first floor. Member Schofield inquired about the possibility of moving the kitchen to the first floor or elsewhere on the second floor. Administrator Maisch also posed the question regarding the possibility of moving the kitchen during renovations to the north side of the house where no variation would be required for the deck. Mrs. Bauer explained that several architects discouraged that option as too costly and difficult. Member Len pointed to the north side of the home as possible a better choice for the kitchen. Mrs. Bauer explained that on the north side there is a bedroom currently being remodeled into a bedroom and office and a bathroom which was recently remodeled. Therefore, in order to move the kitchen there they would have to make costly changes to work that has already been completed. Mr. Shalzi added that the floor joist runs side to side, and that flipping the kitchen would cause difficulties when routing plumbing. Member Geslicki questioned if the property renovations could have been better planned to make this remodel meet the family needs without a need for variation. He stated that the deck was a considerable amount of effort for minimal gain. Mr. Shalzi stated the deck would accommodate a table and chairs and meet the needs of the household. Member Geslicki inquired about installing the deck on the south side of house. Mr. Shalzi explained that they investigated that option and encountered problems with the steps and the leveling, and decided against it. Administrator Maisch inquired as to whether the arbor was staying. Mrs. Bauer confirmed that it will remain. Member Len asked for further detail on the kitchen remodel. Mrs. Bauer explained that they are adding a peninsula, moving the fridge, and installing new cabinets and counters. Chairman Decker questioned whether or not this petition would create special privilege that others don’t have. He referenced another petition for a balcony on a house that bordered Wood Oaks Park. Member Schofield also pointed out the property has other issues of non-conformity to Village Codes, including the driveway and shed. Mr. Shalzi said there was a permit issued for the driveway at its current size. Member Len asked if the deck had been considered from the beginning. Mrs. Bauer confirmed that it had been in the original design. CJ Bauer, owner of 1655 Shawnee, was sworn in to testify. He explained that their family has worked to normalize this unusual property. When considering this remodel, we weighed the expenses to make it work for us against the cost to tear it down and rebuild. We are trying to make this home work for us so it can survive the next generation. Mr. Michael Friedman, the owner of 1623 Longvalley on the adjacent property was sworn in to testify. He stated that the Bauers are respectful, great neighbors and that he fully supports their petition. Member Wolfmark admitted that he was conflicted regarding a decision on this challenging application, Member Geslicki inquired about change to the outside structure. Mr. Bauer explained that they already completed a lot of work on the outside. Member Schofield recalled the Board had a number of requests for balconies that had been built to max sf with requests for a variance. In this case there would minimal impact on neighbors, so it might not qualify as special privilege. Member Lown applauded the owners’ efforts to preserve property rather than resorting to a tear down. She stated that in the example of the Wood Oaks property, neighbors were adversely affected and therefore she is more supportive of the current application. Member Len applauded the efforts to maintain the property, but admitted that he had a hard time seeing that the criteria has been met for the variance given the other options. Member Lown disagreed stating that they had adequately vetted other options and made the best possible decision for them based on a whole host of issues. Member Schofield stated that he did not see the hardship component being met and was not in favor of this variance. Member Len also noted that this request was self-created in the design of the renovations, which would also make it ineligible for variance approval. Member Lown wondered if the Bauers might be able to amend their petition and return. Chairman Decker stated that if rejected they wouldn’t be able to return with a similar application for another two years. Administrator Maisch did not know how they might be able to amend their petition to meet the needs of the Board. There being no further remarks, Member Wolfmark moved to close the public hearing, Member Lown seconded. On a voice vote, the motion carried unanimously. Member Lown moved to approve the petition by Lance Shalzi, Airoom Architects, 6825 N. Lincoln Avenue, Lincolnwood, IL 60712, on behalf of the owners CJ and Christina Bauer, for a variation to reduce the required rear yard from 40’ to 22.18’ for a property in the R-4, Single Family Residential District. The property is commonly known as 1655 Shawnee Trail (PREI No 04-17-113-014) and is the site of a single family home. The motion was seconded by Member Craig. On a roll call vote the motion failed 5-2. Old Business The Board reviewed the minutes provided from previous meeting and discussed concerns repercussions for false testimony. Administrator Maisch provided some insights from legal team regarding this problem. Member Lown recapped that it would be very difficult to take action against petitioners in question. Administrator Maisch explained that the petition in question was for a remodeled garage where the Board was led to believe the petitioners would live in the existing home. It has since been torn down and rebuilt. Member Schofield pointed out that the owners could have found that the house was not salvageable or they could have changed their mind, neither of which is prohibited. He added that when someone misrepresents something it has to be a factual and verifiable, not a future potential. Member Len and Chairman Decker inquired about attorney recommendations. Administrator Maisch stated she can request our attorney’s attendance at an upcoming meeting to present to the board. New Business Administrator Maisch announced the next ZBA meeting will take place on June 27, 2016. Adjourn Member Len moved to adjourn the meeting at 9:03 p.m., the motion was seconded, and the meeting concluded.