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HomeMy WebLinkAboutBoard of Zoning Appeals (minutes) - 04/06/1983 BOARD OF ZONING APPEALS MINUTES APRIL 6, 1983 PRESENT: Elaine Cartwright, Anne Hintz, Tom King, Harry Luebke, Norman Miller STAFF: Phil Rosenquist, Associate Planner, Darlene Matulle, Recording Secretary The Board of Zoning Appeals meeting was called to order and roll call was taken. A goururn of five members was present. Mr. King requested the following change to the minutes of March 16, 1983. Page four, paragraph eleven, "Mr. King inquired of Mr. Larson if he would object to a condition attached to the appeal that he notify the City of any changes in the parking agreements." Referring to Mr. Decker's appeal of March 16, 1983, Mrs. Hintz felt that the safety of children was irrelevant in Mr. Decker's variance. Surrounding property owners main objection to the appeal appeared to be the safety of children. The minutes of March 16, 1983 were approved as amended. I. Appeal of Raymond Best, agent for Midas Realty Corp, owner of -}69 --5. Koeller Road, proposes to provide parking stalls setback 0' from the north property line, whereas a 10' side yard setback is required. Sign location is proposed to be setback 0' from Koeller Road, whereas a 25' front yard setback is required. Mr. Rosenquist stated that Midas Auto Service Center is proposing to construct a franchise on Koeller Road. A variance is required for parking and a front yard variance for a sign. Mr. Rosenquist stated that Mr. Best, agent for Midas Realty Corp. has a revised plan to present to the Board. Mr. Raymond Best, Midwest Construction Co., 225 N. Michigan, Chicago, Illinois, presented a revised plan to the Board. He stated that they still require the variances for parking and a sign. The only change on the plan is that another driveway is being added to the site. Mr. Best indicated that he has spoken with Jerry Konrad, City Engineer, and he agrees that another driveway would not be detrimental because of the possible increase in traffic. He stated even with the minimum parking stalls and the two driveways, it should not affect the adjacent neighbors. A strip of land adjacent to the Midas site will be a driveway in the future. Mr. Best indicated that they are also requesting a 0' front yard setback from Koeller Road for a sign. The variance is for a sign, not the building. He feels that being on the frontage road, visability is needed. The sign will be a good 40' from the pavement of Koeller Road and should not be a safety hazard to traffic on Koeller. Mr. Tom Pollicki, Regional Planning Director for Midwest Construction, Chicago, Illinois, stated that they would like to be in a competitive business and need the sign variance for visability. Other businesses in the area, Hardees, Casa del Rae, etc., have been granted variances for signs, and he felt that the Midas sign would not be hazardous to traffic. Motion by Tom King to approve the variances. Motion seconded by Elaine Cartwright. Motion approved 5-0. BOARD OF ZONING APPEALS MINUTES PAGE TWO Mrs. Hintz felt that special circumstances, created by the parcel being on the frontage road, constitutes a difficulty. The granting of the variances does not give the appellant special privileges that other businesses in the area have not been previously granted. II. Appeal of David Baston, agent for Franchise Realty Interstate Corp., owner of 1863 N. Jackson Street, proposes to construct a 5' fence setback l8'3" from Jackson Street, whereas a 4' fence is permitted. Mr. Rosenquist stated that the appellant proposes to construct a 5' fence to enclose a playland type grouping of playground equipment in front of McDonald's on Jackson Street. The fence will be of widely spaced wrought iron and will not impede vision of motorists or pedestrians. The variance is being requested to keep unsupervised children from wandering into the parking lot. Mr. David Baston, owner of McDonald's Restaurant, 1705 Graber Street, stated that he is requesting a 1' variance from the permitted 4' fence. Mr. Baston distributed pictures of the fence and playground equipment that is presently at McDonald's at the Menard location. The proposed fence for the Jackson Street McDonald's will be the same. Mrs. Hintz inquired if a 5' fence is high enough. Mr. Baston replied yes. He felt that a 4' fence is too inviting for children to go over. Mrs. Cartwright stated that there will not be any parking In front of McDonald's with the proposed playground. Is that correct. Mr. Baston stated that the area in front will be landscaped. Mr. Miller inquired if Mr. Baston was concerned with the protruding tips of the fence. Mr. Baston stated that it is a standard fence used throughout the United States. Mrs. Cartwright inquired as to how long the fence has been in existence. Mr. Baston replied about fifteen years. Mr. Miller stated that he is concerned with someone hurting themselves on the points. Have you considered putting a solid cross member across the top. Mr. Baston stated that it would not be a problem to put a solid bar across the top instead of the tips. Motion by Harry Luebke to approve the variance. Motion seconded by Tom King. Motion approved 5 -0. Mr. King felt that by granting the variance for a 5' fence, it would enhance safety in the area, not decrease it. The amended fence ordinance was set -up to allow for adequate visability, and with the wrought iron fence, you can see through it. The one foot variance would enhance safety at McDonald's for children, both supervised and unsupervised. Mr. King felt that literal interpretation of the ordinance would deprive the owner privileges that are enjoyed by others in the same situation.