Sangamon Sun

Village of La Grange Zoning Board of Appeals met Sept. 15.

Here are the minutes provided by the board:

A regular meeting of the Zoning Board of Appeals for the Village of La Grange was held at 7:30 p.m., on the second floor Auditorium Room of the Village Hall, 53 S. La Grange Road, La Grange, Illinois.

I. CALL TO ORDER AND ROLL CALL OF THE ZONING BOARD OF APPEALS

Chairman Finder called the meeting to order at 7:30 p.m.

Verify Quorum

Upon roll call the following were:

Present: Bresnahan, Hennessy, Peterson, Kerpan, Finder

Absent: Edwards and Sheehan

Village Planner Heather Valone was also present.

II. APPROVAL OF MINUTES – APRIL 14, 2022

Commissioner Bresnahan made a motion, seconded by Commissioner Hennessy to approve the minutes from April 14, 2022, with no changes. A voice vote was taken:

Ayes: All

Nays: None

Motion passed

III. PUBLIC HEARING

ZBA #636 – VARIATION FROM SECTION 9-105D (PROHIBITED FENCE LOCATIONS) OF THE ZONING CODE WITHIN THE R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT, RICHARD REID, 10 CALLE VIEW DRIVE

Chairman Finder asked if there was anyone in the audience that wanted to speak in regards to this public hearing to please stand and raise his/her right hand. He then administered the oath. He then called for a motion to open the public hearing.

Commissioner Hennessy made a motion, seconded by Commissioner Bresnahan to open the public hearing for ZBA Case #636. A voice vote was taken:

Ayes: All

Nays: None

Motion passed

Commissioner Kerpan stated he wanted to disclose that this morning he went to the proposed site to get a better idea of what it looks like. He had trouble locating the property. The applicant was on the private road and he had briefly spoken to him. The applicant just confirmed the location and where the property line was located.

Staff Presentation

Heather Valone, Village Planner, said the subject property is located just south of the intersection of Brainard and Country Club and north of the intersection of Brainard and 55th. Although the property has frontage on Brainard, the access is on a private drive that serves three lots. The private drive goes from Brainard south to Calle View Drive. This is why the subject property has a Calle View address.

The applicant provided an up-to-date plat of survey after the publishing of the agenda packet. The updated plat does not provide any new information, but is to-scale. The property has a different shape than most of the traditional lots in the Village. It is not a traditional square or rectangle. The property is zoned R-1, which is the most restrictive residential zoning classification. The R-1 District has the largest minimum lot width and lot size. The property exceeds those requirements but functionally it does not act like normal lots in the Village. The Zoning Code defines Brainard as the applicant’s front lot line, but the home faces the private drive. As defined by code, the front lot line is the lot line that is along the public right-of-way. Although the applicant’s home faces the private drive, which is functionally the front yard, from a code standpoint Brainard is his front yard.

Mrs. Valone stated the applicant is proposing to fence the entire property length along Brainard. The applicant is proposing a six-foot vinyl fence which will be either brown or green. The applicant provided an aerial photo which she showed on the overhead. The parkway distance, which is from back-of-curb to his property line, is roughly 30 feet. The whole country club area was annexed into the Village in the 1960s. Based on the plat of annexation, the shape of the lot has not changed since annexation. There are several of options for making a motion that the Commission can make which are listed in staff’s packet. This would conclude staff’s presentation.

Commissioner Hennessy said it is her understanding that the area is wooded. She asked if the fence would be on the inside of the trees.

Mr. Richard Reid, the applicant, stated it would be on the inside of the vegetation. The fence would not be visible through the vegetation. The Village is going to cut an area so there will be vegetation on both sides of the fence. The fence will provide a noise barrier from the busy street, protect his yard from the garbage that blows into the yard from the Jewel across the street, and provide a barrier from when the foliage falls in the winter.

Mrs. Valone said the parkway that is seen from the street view that is mowed, is about 15 ft. and there is another 15 ft. before the property line that is vegetation.

Chairman Finder confirmed that if the fence is granted it would be behind the trees.

Mrs. Valone stated that is correct and that if all the brush was removed it would be 30 ft. back from the curb.

Chairman Finder asked if there were any further questions for staff. None responded. He then asked if the applicant wanted to make a presentation.

Applicant Presentation

Mr. Reid said it is wooded and this is the side of his house. There is a very long distance from the street to his home. The entire neighborhood is fenced even around the golf course. The Village has a chain link fence there that is not maintained and trees are growing through it.

Mrs. Valone stated there is no record the Village put the fence that is located within the right-of-way. The chain link fence is within the parkway, but there is no record that the Village installed it.

Commissioner Hennessy asked if the chain link would stay.

Mr. Reid said it is on Village property so that would be up to the Village. Mrs. Valone showed where the chain link fence was located.

Commissioner Bresnahan asked if there was a fence along the back of the house. Mr. Reid stated no there is not.

Commissioner Bresnahan asked if the fence will just end at the property line going south.

Mr. Reid said if in the future they decided to get a pool they would continue it but right now they are just stopping right there.

Commissioner Kerpan stated it would be his estimate based on what he saw today, with the trees, bushes, and brush it is approximately 30 ft. There would be trees and bushes on both sides of the fence. Right now it would be completely camouflaged until winter. Even in the winter, you would have to strain to look for it and people driving down the road probably won’t even notice it.

Commissioner Peterson asked what is the height of the existing chain link fence. Mr. Reid said it is six feet.

Commissioner Peterson asked if the type of fence the applicant is requesting falls within the zoning code.

Mrs. Valone stated the request is a vinyl privacy fence that will be brown or green. Vinyl privacy fences is a permitted fence material in the Zoning Code.

Chairman Finder asked if there was anyone in the audience that wanted to speak in regards to this public hearing. None responded. He then called for a motion to close the public hearing.

Commissioner Hennessy made a motion, seconded by Commissioner Peterson to close the public hearing for PZC Case #636. A voice vote was taken:

Ayes: All

Nays: None

Motion passed

Zoning Board of Appeals Discussion

Chairman Finder asked if any of the Commissioners had any comments regarding any of the standards.

Commissioner Kerpan said in Attachment 1 of the staff report, the Village Board had approved a fence line last year for an address on Willow Springs Road. The reason why he brings it up is that he wants to distinguish that fence line from this one. He had voted against that fence line on Willow Springs Road because it was right on the road and a fence was permissible without seeking a variance. That situation is entirely different from this request. This variance is in the middle of forestry, bushy, and grassy area. It most likely will not be seen. Although it is considered a front yard, for functional purposes it is a side lot. The fence will be 30 ft. from Brainard. He does not base his vote in any way to be determined by the Village Board approving the Willow Springs fence last year.

Chairman Finder stated the Willow Springs fence was much closer to the right-of-way and he agrees with Commissioner Kerpan. One of the standards is based on the unique physical conditions and the shape of this lot meets that standard. It is also not self created.

Commissioner Bresnahan said he feels the lot is physically unique. The setback from Brainard and the vegetation that is there is also unique.

Chairman Finder stated standard seven relates to the essential character of the area. Normally, if a fence was on a public right-of-way it might be a concern. With all the vegetation he does not feel it is going to detract from the essential character of the area.

Commissioner Bresnahan said he agrees and feels it won’t be seen.

Commissioner Peterson stated with it also being brown in color it should blend in. Commissioner Bresnahan said the lot is unique compared to your standard 50 ft. lot.

Chairman Finder asked if there were any further comments. None responded. He then called for a motion for a recommendation.

Zoning Board of Appeals Recommendation

Commissioner Bresnahan made a motion, seconded by Commissioner Peterson to recommend to the President and Board of Trustees approval of case ZBA #636 – fence variation from Section 9-105D for 10 Calle View Drive. A roll call vote was taken: Ayes: Bresnahan, Peterson, Kerpan, Hennessy, Finder

Nays: None

Motion passed

IV. OLD BUSINESS

None

V. NEW BUSINESS

Mrs. Valone said the Village has put out a request for proposals to update the 2005 Comprehensive Plan. This is the project that typically takes place before a Zoning Code rewrite. The request will close on October 6th and then the selection committee will into review and select a consultant. The public input stage will most likely start after the first of the year. In 2004, the Village did receive a grant from the Regional Transit Authority to do a subarea plan for the corridor along the BNSF which is incorporated in the 2005 Comprehensive Plan. The Village did receive that grant again so the BNSF subarea plan will also be updated. The Zoning Board of Appeals will be a part of that public input process.

VI. ADJOURNMENT

Chairman Finder called for a motion to adjourn the meeting at 7:56 p.m.

Commissioner Hennessy made a motion, seconded by Commissioner Peterson to adjourn the meeting. A voice vote was taken:

Ayes: All

Nays: None

Motion passed

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