[2:35] Call to order the meeting of the Village of Palatine Zoting Board of Appeals meeting of May 23rd, 2017.

[2:43] Can we have a roll call, please?

[2:45] Mr. Larson.

[2:47] Here.

[2:47] Ms. Rothberster.

[2:50] Ms. Wood.

[2:52] Here.

[2:53] Mr. Luzak.

[2:55] Mr. McGinn.

[2:56] Here.

[2:57] Mr. Quinn.

[2:59] Here.

[3:00] Mr. Kavanaugh.

[3:01] Here.

[3:02] Mr. Dietrich.

[3:03] Here.

[3:03] Mr. Pyro.

[3:07] Okay, we do have a quorum.

[3:10] Are there any additions or corrections to the meetings of the meeting of May 9, 2017?

[3:21] Seeing none, can I have a motion to approve the minutes of May 9, 2017 as written?

[3:27] Motion to approve the minutes as written.

[3:29] Second.

[3:29] We have a motion and a second to approve the minutes as written of May 9, 2017.

[3:34] All those in favor say aye.

[3:35] Aye.

[3:36] Hi.

[3:36] Anyone opposed?

[3:38] The minutes of May 9th, 2017 are approved.

[3:42] Got a motion to open this meeting.

[3:44] So moved.

[3:45] Second.

[3:46] Motion second to open this meeting.

[3:48] All those in favor?

[3:49] Aye.

[3:49] Anyone opposed?

[3:50] We're open.

[3:52] All right, good evening, everyone.

[3:54] We are the Zoning Board of Appeals

[3:56] of the Village of Palatine.

[3:57] We welcome you.

[3:58] We're a panel appointed by the Village

[4:00] which serves, among other things,

[4:02] to conduct public hearing function

[4:04] for special uses and variances

[4:06] sought in the village.

[4:07] Our recommendations are advisory only

[4:09] and will be sent on to the village council

[4:12] via the council committee.

[4:13] Council members will have the final word

[4:15] and will decide whether or not to adopt an ordinance.

[4:19] On petitions, you'll have ample time

[4:20] to present your cases.

[4:22] We would ask though you try not to be repetitive

[4:24] or cumulative with your testimony exhibits.

[4:27] Also, I ask that sometime in your presentation

[4:29] you address the standards

[4:30] found in the zoning ordinance,

[4:32] which must be met by you prior to any favorable advisory opinion of this board.

[4:37] These standards appear in the ordinance and we're in the packet that we're given to you at the time of the application.

[4:42] As anyone else that's in the audience today, you'll be given time to ask questions by the petitioner or the staff

[4:48] to make any comments on record and to voice your approval or objection to the petition.

[4:54] And we will hear each item as posted on the agenda tonight.

[5:00] All right, the

[5:04] first item on tonight's agenda concerns the property located at 140 West Northwest Highway

[5:10] I'd like to see if I have a motion to continue this matter to Tuesday, June 13th 2017. So move

[5:16] Second. I have a motion to second to continue this matter to June 13th 2017. All those in favor say aye.

[5:22] Aye. Anyone opposed? We are continue that matter to June 13.

[5:31] And the next item on the property

[5:33] concerns of property, commonly known as 137 East Palatine Road.

[5:37] Petitioners here for this matter?

[5:39] You don't need to come up quite yet.

[5:43] All right, in support of this matter,

[5:47] we have Exhibit 1,

[5:48] which is the application for special use.

[5:51] Exhibit number 2 is the proof of ownership.

[5:55] Exhibit number 3 is the plot of survey site plan.

[5:59] Exhibit number 4 is the fence elevation.

[6:06] Notice this matter was sent to nearby areas surrounding

[6:07] and was published in the Daily Herald on May 8th, 2017.

[6:18] Okay, if we could swear in staff, please.

[6:22] Thank you. Do you swear or tell the truth?

[6:24] The whole truth and nothing but the truth.

[6:26] Thank you.

[6:27] Can we have staff's presentation on this matter, please?

[6:31] The petitioners are requesting to install a four-foot picket fence in their front yard.

[6:35] Therefore, they're requesting a special use to permit a fence in the front yard.

[6:39] The subject property is zoned R3, high-density multifamily.

[6:43] The petitioners are proposing to construct a fence in the front yard that is two feet off the property line.

[6:49] Landscaping would be required for the area between the fence and the lot line along East Palatine Road.

[6:55] The proposed fence will be a four-foot picket style and the area will be used for gardening.

[7:01] Here are a couple of pictures.

[7:03] Here's from the front.

[7:04] You can kind of see the garden there to have going.

[7:06] And from the sidewalk and from the other side.

[7:11] Both community services and engineering have reviewed this and did not identify any issues.

[7:17] And here are the standards for special use.

[7:23] Thank you. Does anyone on the board have any questions on staff's presentation?

[7:32] Let's have the petitioner come forward, please.

[7:37] Right, sir. Can you raise your right hand?

[7:39] Do you swear to tell the truth? The whole truth and nothing but the truth.

[7:41] Yes.

[7:42] Thank you. Can we have your name and address, please?

[7:44] Nick Cukic, 919 North Campbell Avenue, Unit 4, Chicago.

[7:50] This is KUKICH?

[7:52] KUKIC.

[7:54] IC.

[7:54] Correct.

[7:57] And can you do the address one more time?

[7:59] 919 North Campbell Avenue, Chicago, Illinois.

[8:03] I'm the, my parents own the property,

[8:06] so I submitted this for my mom.

[8:09] Okay, you're the son of the property owners.

[8:13] All right, so go ahead if you can give us a little,

[8:16] more information about what you want to do,

[8:18] why you want to do it.

[8:19] So, I'm sorry.

[8:21] Go ahead, address the standards and any other information that we have.

[8:24] Pretty much it's the only suitable spot for this address where we could do a gardening that has enough land for it.

[8:35] The reason for the fence is to kind of have it secure around the perimeter of the garden.

[8:41] In the past, we've had a few times where people overnight or someone's not there for a few

[8:48] days have come and gathered and picked all the vegetables and without our knowledge.

[8:56] So this kind of gives us a little more security for someone not crossing over that property line.

[9:07] Any questions?

[9:09] You think a four-foot fence is sufficient for that?

[9:17] I didn't hear the question, I'm sorry.

[9:19] Oh, so it's a four-foot fence?

[9:21] Correct.

[9:21] That will keep people out offensively?

[9:24] Yeah, I mean, I'm supposed to go and hop it, but yeah.

[9:28] Okay.

[9:31] And what type of gardening is this?

[9:33] Vegetable and flower.

[9:35] Is this something the residents would take advantage of?

[9:38] Yeah, it's mainly my mom lives at the residence.

[9:41] So it is kind of a community, it's for that six-unit flat.

[9:49] Anybody can use that land if they want to do their own gardening as well.

[9:58] I have a question. How far is the fence going to come to the driveway area?

[10:02] Is it going to be all the way over?

[10:04] Point it out for us on the overhead?

[10:06] Yes, so from the driveway, we're staying away, we're around two feet away from the driveway.

[10:14] Actually, can I correct? He's doing a bevel. It was a conversation.

[10:17] So there's a five-foot bevel that opens that line of sight at the driveway.

[10:22] Yeah, that's my question, but there's going to be any challenges getting out of that driveway with the fence.

[10:27] So it sounds like that's being addressed.

[10:28] Yes. But there is no immediate parking lot or anything where the fence is going.

[10:35] So how

[10:40] much area of landscaping will there be? There's just those...

[10:44] She has rows.

[10:47] Between the fence and the sidewalk, there'll be landscaping.

[10:51] There will be grass.

[10:53] I think we're allowed to go two foot, four inches from the sidewalk to the fence line.

[11:01] Any of the grass would not be...

[11:02] You have to do something like a day lily or something like that along that edge with landscaping.

[11:07] Okay.

[11:12] Are there any other picket fences in the area?

[11:14] I do see one on the corner of Benton and Palatine Road but I think that's the only one in that stretch.

[11:25] Staff, do you know of any others?

[11:27] I don't write along that stretch. It goes back and forth between residential and business.

[11:36] So off the top of my head, no I don't. I can't think of any right in that area.

[11:44] I think what makes this unique is this is one of the few properties

[11:46] where the only green space is in the front yard.

[11:50] Look at the overhead here. It's all parking lot.

[11:54] The only green space is in the front. I mean, there's a very small green space

[11:58] next to the building, but in terms of any plot of land.

[12:08] Anyone else have any questions?

[12:13] Thank you, sir.

[12:13] Is there anyone in the audience who wishes to speak on this matter?

[12:23] Do you want to?

[12:25] If you want to speak, come on up.

[12:30] We're going to swear he in, okay?

[12:32] All right.

[12:32] Can you raise your right hand?

[12:34] Do you swear to tell the truth, the whole truth,

[12:36] and nothing but the truth?

[12:37] Um, yeah.

[12:38] Can you give us your name and address, please?

[12:40] It was Ben Larson, and I live in 154 East Cunningham Drive,

[12:45] Palatine, Illinois.

[12:47] And, um, so, since the fence is two feet off the property line,

[12:53] Well, I can't just move it like back to feet.

[12:59] So you're wondering if the fence could be moved back further towards the building?

[13:04] Okay.

[13:04] We'll see if the petition wants to come up and answer that.

[13:08] Hey, do you have any other questions or anything else you'd like to say?

[13:12] No.

[13:12] Okay.

[13:14] Thank you, Ben.

[13:17] If you'd like to address that, you can come on up.

[13:20] I also just clarified to the regardless, any fence in a front yard,

[13:24] regardless of the setback, would require relief.

[13:26] Thank you.

[13:28] It just gives us more land for gardening if we push it back another two.

[13:36] So we have, if you go back to the flat survey, we have about 25 feet off the left side of the building.

[13:45] So that would be the west side.

[13:47] So that would bring us back down to 23.

[13:50] is just more land for us to use, so.

[13:58] Do you know if any other tenants have indicated that they would take advantage of it?

[14:01] Not at this moment, no.

[14:04] Thank you.

[14:09] Hey, if anyone else in the audience wish to speak,

[14:15] find out.

[14:16] It's not about this.

[14:17] Oh, okay, then we'll wait. We'll wait.

[14:19] Okay.

[14:20] Thank you.

[14:21] Then can we have the staff's recommendation, please?

[14:24] The subject property is a multi-family building that contains six units.

[14:27] The property is unique as the front yard is the only green space on the subject property.

[14:31] Additionally, the proposed fence should not have a negative impact on the value of the surrounding properties.

[14:36] Therefore, staff recommends the approval of the variation request subject to the following condition.

[14:42] The variation shall substantially conform to the site plan submitted by the petitioner on 5917,

[14:48] except as such plans may be changed to conform to village codes and ordinances.

[14:56] Thank you. Does anyone on the board have any questions on staff's recommendation?

[14:59] Foundation.

[15:03] Does the petitioner or anyone in the audience have any questions on the staff's recommendation?

[15:11] Okay, then we will close the public hearing portion. We'll see if we have a motion and a second.

[15:17] Motion to approve subject to staff's conditions.

[15:20] Second.

[15:21] We have a motion to approve subject to staff's conditions and a second. Any discussion, please?

[15:27] Well, I certainly think this is going to be operated in a matter consistent with public health, safety, and welfare.

[15:32] certainly won't negatively impact the surrounding values, property values.

[15:39] It is unique. It has some front yard space.

[15:42] I like the idea that they're doing sort of a community garden there.

[15:46] The fence, though not many of the neighbors have a picket fence in the front property,

[15:51] wouldn't be unique to Palatine.

[15:52] There are some of those I've seen around town with a picket fence in the front yard

[15:55] and does provide a little bit of privacy for those doing the gardening there.

[15:58] So like

[16:01] the fact that it's four feet. I mean, I think that's probably what's in the front yard

[16:07] I don't know that you can go any higher without additional relief. Well, this by itself even in the front yard, but

[16:13] but doesn't seem to be overwhelming that way and

[16:17] Seems like a great thing that's time to accomplish to have a garden where there is no availability

[16:26] Would you say good question that you asked your young man

[16:30] Do we have to go by the, with the other front yard stuff for the,

[16:34] there's a front yard fence, right?

[16:36] Fact.

[16:37] Okay, so then I'll say that it'll meet all the other additional standards

[16:40] based upon the fencing in the front yard, the existing vistas,

[16:45] and enhance the appearance.

[16:47] I think it will actually do a good job of that.

[16:49] So I think it meets not the regular standards,

[16:50] plus the additional standards for front yard fencing as well.

[16:56] All right, then we'll take a roll call, please.

[17:00] Mr. Larson?

[17:01] Yes.

[17:01] Ms. Wood.

[17:02] Yes.

[17:03] Mr. McGinn.

[17:04] Yes.

[17:05] Mr. Quinn.

[17:06] Yes.

[17:06] Mr. Kavanaugh.

[17:07] Yes.

[17:08] Mr. Dietrich.

[17:09] Yes.

[17:11] Thank you.

[17:12] There was a vote in favor.

[17:14] Now your names vote 6 to 0.

[17:16] This board having found that the standards have been met.

[17:18] And it's anticipated this goes before the village council.

[17:21] Jim Teth on June 5th.

[17:24] Okay.

[17:25] Thank you.

[17:26] And we'll proceed with the next and final item on tonight's agenda which is for

[17:29] the property, commonly known as 630 South Quentin Road.

[17:33] Is the petitioner here for this matter?

[17:35] Thank you.

[17:41] For this matter, we have

[17:44] petitioners exhibit one,

[17:45] which is the application for variation.

[17:48] Exhibit number two is the proof of ownership.

[17:53] Exhibit number three is the letter from petitioner.

[17:59] Exhibit number four is the plot of survey.

[18:03] Exhibit number five is the site plan.

[18:09] Exhibit number six is the elevation.

[18:11] Exhibit

[18:16] number seven is a public notice, notice this matter,

[18:20] sent to nearby areas surrounding

[18:22] neighbors and was published in the Daily Herald on May 8th, 2017.

[18:28] And we have objectors exhibit number one, which is from Wayne's Exhibit.

[18:35] Objectors exhibit number two is from Jenna Dunn.

[18:41] Objectors Exhibit Number 3 is from Matt Cadenas.

[18:46] Objectors Exhibit Number 4 is from Matthew Mikes.

[18:54] Objectors Exhibit Number 5 is from Jennifer Dow.

[18:58] Looks like Jennifer and Daniel off.

[19:10] Clarification. Is Jennifer and Daniel an objector?

[19:13] Well, it's still called objector, even though they can be in favor.

[19:22] The petitioner is proposing to construct a memorial garden at the southeast side of the

[19:28] building. The lot coverage on the subject property is existing non-conforming and therefore the

[19:33] petitioner is requesting a variation to permit lot coverage of 78% instead of the maximum

[19:38] permitted 40%. The subject property is owned R1B Single Family and contains the All Saints

[19:45] Lutheran Church. The total lot size is approximately 81,000 square feet. The

[19:50] proposed Memorial Garden would consist of a brick-paver patio enclosed by a four

[19:54] foot high wrought iron fence and a six foot high masonry wall at the southeast

[19:59] corner of the patio. The petitioner has indicated the masonry wall will

[20:04] provide for artwork, sacred space, and a sound barrier from Quentin Road. The

[20:10] Memorial Garden would be set back approximately 40 feet from the front

[20:13] lot line, 30 feet is required, and 2 feet from the side lot line, where 2 feet is required.

[20:19] The brick-paper patio is approximately 235 square feet in area, and the foundation of

[20:25] the masonry wall is approximately 25 square feet in area.

[20:29] The existing impervious surface on the subject property is approximately 63,179 square feet.

[20:37] Therefore the existing lot coverage is approximately 77.6 percent.

[20:41] The proposed lot coverage is 77.9 percent.

[20:46] The maximum permitted lot coverage in this district is 40.

[20:49] The building coverage does meet code.

[20:52] There were no issues identified from any of the departments.

[20:55] And one thing I would like to mention is the village did recently discover

[20:59] that the adjacent retention pond could potentially be property of the All Saints Lutheran Church.

[21:05] at this time our village attorneys are in the process of determining whether what

[21:11] the correct information is and we will be communicating the outcome to the

[21:16] petitioner of the church accordingly. We did want to make you aware though because

[21:20] it may become a point of discussion tonight however we would like you to

[21:24] you know focus your deliberations on the request for 78% at this time. Thank

[21:31] I'm sorry, I didn't go through the existing conditions photos so I'll do that real quick.

[21:41] So it's existing non-conforming so there is no other variations on the property right now?

[21:48] There are other variations.

[21:51] So it's existing non-conforming as in the law coverage already exceeds the 40 percent.

[21:55] So whether they are just this one lot or they have the lot with the retention pond

[22:02] Either way they need a lot coverage variation tonight. It's a difference of I think it would be if they did own the retention pond

[22:10] Their existing lot coverage is 40.7% and the proposed lot coverage would be 40.9%

[22:15] I was just verified that they they have not gotten a variation for the oh, I'm sorry

[22:19] No, no, they they did get a special use in

[22:23] 2002 for an addition

[22:24] But at that time lot coverage is not part of our code

[22:28] So we know that they have the property of the church, and that current lot coverage is 40.7?

[22:37] No, I'm sorry. With just the church property, if I go back...

[22:43] They're at 77.

[22:45] If you see here, the church is outlined in yellow solid line, and then the retention pond is the dotted yellow line.

[22:53] So, if it was just the church property, the existing law coverage is 77.6% and they would

[23:00] be proposing a law coverage of 77.9 or 78% rounded.

[23:05] With that retention fund, they go from 40.7% to 40.9%.

[23:12] Thank you.

[23:16] Is it normal for churches to be R1B?

[23:21] They're normal for them to be residential.

[23:23] residential. I can't say how many are R1B or how many are R2 or R1, but it is typical

[23:29] for them to be zone residential.

[23:45] We also had some photos submitted by the petitioner and

[23:57] the standards for our variation.

[24:03] So for some of the other church properties that we have in Palatine, how common is

[24:08] it for them to be over their existing lot coverage?

[24:12] I'd say it's more common than not because they're required to have parking, so parking

[24:16] law, it takes up a majority of their space as you can see at this circumstance and also

[24:21] their buildings are larger. So I'd say a request for a lot coverage for churches is not uncommon

[24:28] or for them to be over the existing law coverage.

[24:34] Any other questions? Okay, so we're going to bring the petitioner up and then after

[24:39] the petitioner speaks, if there's anyone else in the audience, they can speak too.

[24:43] So if we can have the petitioner come forward, please.

[24:56] Good evening.

[24:56] Okay, so I'm going to have you swear you swear you and do you swear to tell the truth the whole truth and nothing but the truth

[25:01] Yes, ma'am. Thank you. Can we have your name and address please? My name is Steven Fedota FED OTA

[25:07] My address is eight five nine South Park Place Drive in Palatine

[25:11] The petition was submitted by me with the new dress of 630 South Quentin on behalf of my church

[25:23] Go ahead sir if you want to tell us

[25:26] what you want to do a little more information, what you want to do, why you want to do it,

[25:32] and address maybe some concerns that maybe you see of some neighbors.

[25:37] Okay.

[25:38] Commissioners, first I'd like to thank you for your time volunteering to help maintain

[25:44] Palatine to be the great community that it is recently.

[25:48] I have become much more aware of the commitment that you folks make.

[25:54] I'm here this evening on behalf of my church, All Saints Lutheran Church, known by many

[25:59] as the Church by the Pond on Quentin.

[26:02] All Saints was organized 38 years ago, and I've been a member of this congregation for

[26:07] almost 30 of those years, having served in a number of leadership positions.

[26:14] We are a diverse but united family of God, people committing ourselves to God's service.

[26:20] We will celebrate our diversity, unity, and commitment to Christ, whose spirit

[26:26] guides us in church and home, workplaces, and communities. This mission statement

[26:33] that I just recited underpins, for lack of a better term, our brand for all to

[26:40] know Christ. We reach out to the community beyond Sunday mornings in

[26:45] our church building. The All Saints community is part of our larger

[26:49] community. We were one of the original seven churches that recognized homelessness exists

[26:56] in the Northwest suburbs, and we did something about it by opening our pads, our public action

[27:03] to deliver shelter site. We, in partnership with an ever-changing cohort of North suburban

[27:12] urban churches, have completed over 10 Habitat for Humanity homes.

[27:18] Our community outreach of summer suppers and Thanksgiving meals is welcomed by hundreds

[27:24] of those less fortunate within our community, as well as the establishment of the Youth

[27:31] Hunger Opposition Waihop in Palatine was formed by members of our youth group.

[27:37] Our Bethel Food Pantry feeds scores of individuals on an everlasting basis.

[27:48] The All Saints Ministry Endowment Fund requires that part of the annual funding grants

[27:54] consider community agencies within our geographic area.

[27:58] I'm here tonight seeking lot coverage variance of 3-tenths of 1%.

[28:04] To enhance our existing ministry of caring and support to those who have lost a loved one.

[28:12] By reference, three-tenths of 1% is equivalent to approximately 35 square feet on a quarter-acre lot, 36 square feet.

[28:22] As you've heard from staff, we're proposing to create a memorial garden to take advantage of the unique,

[28:28] calming and life-sustaining effects of the pond adjacent to our property. As to

[28:36] justification, the Memorial Garden represents an enhancement to our

[28:40] existing ministry as an established member of the Lutheran Church in America.

[28:46] The unique circumstances attendant to all Saints standing include a

[28:52] A church as a place of assembly is required to provide for off-street parking.

[28:58] Residential lot permit substantially less nonpermeable surface than commercial lots.

[29:05] The area planning in the 1960s cited a water retention basin adjacent to an undesirable

[29:13] residential parcel, given its location with egress available only to Quinton Road, a

[29:21] major thoroughfare. All Saints was permitted to build in a residential neighborhood, and

[29:29] since its original construction 38 years ago, the building codes have reduced the amount

[29:35] of nonpermeable surface permitted in residential areas. All Saints wishes to incorporate the

[29:43] aesthetics of the neighboring pond to enhance our existing ministry as to the essential

[29:50] characteristics of the locality. In order to take advantage of our own site plan and

[29:56] the peacefulness of the pond setting, the memorial

[29:59] You

[30:00] The garden is located at the furthest reach of any of our neighbors. There are a total of

[30:06] eight neighbors who will have a direct exposure to the garden. Two are located across Quinton

[30:13] Road, effectively screened by evergreen trees and topography. Two neighbors at the north

[30:21] end of those with an exposure are lightly screened by trees and bushes to the site that lies

[30:27] approximately 150 to 250, I'm sorry, 150 to 200 feet from their property.

[30:35] The proposed wall section will screen their view of the existing 5-foot high transformer

[30:41] and electric meter service located on the building.

[30:46] The remaining four neighbors are heavily screened by vegetation at 200 to 250 feet

[30:51] from the proposed site.

[30:53] Again, the proposed wall will screen the existing electrical equipment.

[30:59] In addition to the village's notification of the neighbors, during the week of April

[31:03] 17th, we canvassed the neighborhood leaving a letter behind explaining that the village

[31:10] will be contacting them soon and outlining our proposal.

[31:15] During the canvass, we received no negative and some positive response, with most of

[31:20] the neighbors taking a wait and see what the village will report attitude on

[31:31] this

[31:34] overhead so where is the fence and where is it going to be located on this

[31:39] over where the physical location yeah if you want to yeah you could do it on

[31:47] this one I don't wherever I'm kind of thinking I was just curious actually if

[31:54] If you go over, you'll see your site on here, on the clicker.

[31:59] On the clicker?

[32:00] If we go, this might help.

[32:04] There we go.

[32:04] This may help you.

[32:07] This area here is the proposed site.

[32:11] And what's there right now?

[32:12] Right now, could staff bring up the picture, the photograph of the area?

[32:21] That's the existing area from essentially the ABS corrugated drain pipe to the existing patio is what we're proposing.

[32:41] So we'll go beyond those trees?

[32:44] No, sir.

[32:44] Okay.

[32:45] The lot line lies, the lot line is 16 feet, I'm sorry, 17 feet from the indent.

[32:53] If you take the wall where the eight windows are in the background, the lot line comes out.

[33:01] If you could use the pointer, can you use the pointer?

[33:04] Sure.

[33:04] It could be a little easier.

[33:05] Okay.

[33:06] The lot line comes out to about here.

[33:09] It's 18 feet from this wall and 7 feet from this wall.

[33:15] And this would be set back 2 feet from the property line.

[33:52] Do you have any other questions?

[34:01] Thank you.

[34:02] Thank you anyone

[34:09] who wishes to speak on this matter

[34:12] Come on forward, please and

[34:18] if you can raise your right hand, please

[34:20] Do you swear to tell the truth the whole truth and nothing but the truth? I do. Thank you. Can you give us your name, please?

[34:27] Marilyn Harder

[34:29] last name for us H. A. R. D. E. R.

[34:47] And your address, please 834 West

[34:52] Exner Court

[34:54] pelletine.

[34:58] All right, if you can tell us that, whatever you'd like to say today.

[35:01] Well, we live in a cul-de-sac that kind of fronts the pond over here. And I was just

[35:10] wondering about that wrought iron fence. How far is that going to go? Are we going to be seeing it?

[35:15] Is it going to be an eyesore? I already have problems with our neighbor next door who wants

[35:21] to put up a four-foot picket fence and he's basically going to take our view away from

[35:26] the pond. I think it's going to devalue our home. Can we petition somebody here to prevent

[35:33] him from putting up a fence?

[35:36] No, the fence would be allowed by code.

[35:41] Really?

[35:41] Mm-hmm.

[35:42] But he's going to take away our view completely.

[35:46] I can let the petitioners speak to that, but I believe it's going to be a four-foot

[35:49] high wrought iron fence. I don't believe it's going to be a solid fence.

[35:53] No, I'm talking about my neighbor next door. You know what your neighbor next door? That's probably

[35:57] something you should contact the village separately from tonight if you want to have

[36:01] that conversation. Okay, so I am a little worried about

[36:05] this wrought iron fence as well. How far is that going to go?

[36:10] Is it going to go right up to the pond? No, it's, if you

[36:13] look on here, this red line right here, this is the fence.

[36:17] And it's going to go kind of make like an L shape and it's going to be set back two feet from their lot line

[36:23] And their lot line is not all the way to the pond

[36:26] So there's there's a quite a bit of green space in between okay fence and the pond okay, so actually

[36:34] If you look on this image here

[36:38] You can see that there's this it won't go all the way it won't go to the tree

[36:42] You won't go all the way to the end to the pond or into the trees, okay

[36:46] because we like green space. I'm tired of people putting up fences all over the place

[36:52] and just boxes everything in. We want to see trees and grass. We don't want to see fences.

[37:03] How do I petition for my neighbor? Again, this is something you need to contact

[37:08] the village separately from tonight. Tonight we're here to talk about the church. I'll

[37:13] give you my card before you leave. Thank you. I'll just note to the petitioner

[37:19] or once any residents or anyone wishes to speak,

[37:23] once they're finished, you can come on back up

[37:25] and if you wanna address any concerns or questions they have.

[37:30] Would anyone else like to speak?

[37:45] Hi, if you can raise your right hand please.

[37:47] Do you swear to tell the truth?

[37:48] The whole truth and nothing but the truth.

[37:49] I do.

[37:50] Thank you.

[37:51] Can you give us your name please?

[37:52] Jennifer Mullen-Kovash, M-O-L-A-N-D,

[37:56] hyphen K-O-V-A-S-H.

[37:59] Did you get that?

[38:01] Awesome.

[38:01] And your address?

[38:03] 3800 J. Lane, Rolling Meadows.

[38:06] Thank you.

[38:07] And go ahead if you can tell us your relationship to this manner and anything you'd like to say today.

[38:13] I am one of the pastors at All St. Lutheran Church.

[38:17] Before any of the homes or buildings that exist today were built along the west side of Quentin Road, there was a farm.

[38:24] The Darling Farm.

[38:25] farm. In the 1960s, Carl and Betty Darling sold their farm to a developer, and the landscape

[38:31] of Palatine continued to change. In April of 1979, All Saints Lutheran Church organized

[38:38] and began meeting at Framed High School. Over the next four years, they became a congregation

[38:44] and acquired the land at 630 South Quentin, establishing the congregation as part of

[38:49] community. Now nearly 40 years later, as Steve has indicated, All Saints hosts 12

[38:56] community groups that meet weekly or monthly, and in the first quarter of

[39:00] 2017 the building was home to 21 different one-time events for the

[39:05] community. We've been a pad site from the beginning. We partner with the

[39:09] township to provide Christmas gifts and Easter baskets. We partner with PhD to

[39:13] shower new families with necessities. We build homes with habitat, serve

[39:17] free meals to the community during the summer months and invite any and all who need a place

[39:22] to be on Thanksgiving to gather around our tables.

[39:26] And on any given day, Sunday or weekday, people who call all saints their church home work

[39:32] and serve to make our communities strong and vibrant.

[39:36] I am thankful to have served at all saints since 2004.

[39:41] At the church I am known for my love of baptism and the delight that I take in

[39:45] flashing in the water, and letting people know that God loves them from the very beginning.

[39:51] But it's not just at the beginning. Part of our calling as people of faith is to walk

[39:56] with one another from the beginning to the end. I knew some of the history of this area,

[40:03] but I learned more one day during the spring of 2015 when Scott Darling, the son of Betty

[40:09] and Carl, called me. He shared his own memories of growing up on the land where

[40:14] the church now sits, and then he said,

[40:17] my mom, Betty Darling Holtz-Nagel, has died.

[40:22] We're wondering, he said, if we can bring her back

[40:25] to the farm, so to speak, for a funeral.

[40:30] I said, Mr. Darling, it's what we do

[40:32] from the beginning to the end.

[40:36] The construction of this memorial garden

[40:38] is an opportunity to provide a continuation

[40:40] of the life services that we provide,

[40:43] letting people know that God loves them from the beginning to the end and letting

[40:48] people know that we're part of the community of Palatine making it

[40:52] stronger from the beginning to the end. Thank you.

[41:01] Thank you. Is there anyone else

[41:03] who wishes to speak on this matter?

[41:09] I don't know if the petitioner wants to come up

[41:11] and address any question that the neighborhood resident had.

[41:27] Such as?

[41:32] Well, she wanted to know how far, I think we showed her, how far we're going in the fence

[41:37] and how we look.

[41:39] As I indicated, let's go back one.

[41:45] That is the artist's rendering of the wrought iron fence that would come, essentially,

[41:51] 14.5 feet off of the building, which would leave approximately 30 feet from the fence to the pond.

[42:07] Any other questions that I could respond to?

[42:12] I don't think so.

[42:14] Okay.

[42:14] I appreciate the opportunity.

[42:16] Thank you.

[42:19] If anyone else wish to speak, any further questions,

[42:28] then we're going to close this public hearing

[42:30] and see if we have a recommendation for staff.

[42:32] The location of the proposed patio and the height of the proposed fence and masonry wall meet code.

[42:39] However, staff understands that any additional structures on the subject property will require lot coverage relief from the zoning ordinance.

[42:47] As the existing lot coverage already exceeds the maximum permitted, staff does not believe that the proposed Memorial Garden will negatively impact the surrounding properties.

[42:56] In addition, the Village Engineer has reviewed the plans and does not have any concerns.

[43:00] Therefore, staff recommends approval of the variation request subject to the following condition.

[43:06] The variation shall substantially conform to the site plans and elevation plans submitted by the petitioner on March 30th, 2017,

[43:15] except as such plans may be changed to conform to village codes and ordinances.

[43:20] Thank you.

[43:21] Does anyone on the board have any questions on staff's recommendation?

[43:27] Does the petitioner or anyone in the audience have any questions on staff's recommendation?

[43:38] Close public hearing and see if we have a motion.

[43:42] Motion to approve subject to staff's conditions.

[43:45] Second.

[43:46] We have a motion and a second.

[43:48] Do we have any discussion?

[43:50] Well, looking at the standards, in light of the fact that this is a church, which requires a significant parking,

[43:58] you're going to have a lot covered issue just by definition of the nature of the property and the use of the property.

[44:05] So I think unique circumstances have been established.

[44:11] As far as the character of the locality,

[44:13] I think it's the very minor change of the property

[44:15] and as they've testified,

[44:17] it's not going to interfere with the access of the lake

[44:20] or the visibility from some of the other residents.

[44:25] So I don't think it's gonna alter the essential character

[44:27] and then the return, again,

[44:30] because of the nature of the use,

[44:32] I think a lot covered in any sort of alteration

[44:35] the property you're going to need relief such as this.

[44:41] I agree with everything you said, the parking lots

[44:46] just make a lot of coverage, almost impossible to meet with the standards

[44:50] that are there. This isn't really, there's still going to be a lot of space

[44:54] between the fence and the pond.

[45:00] It's not going to alter the essential character of that neighborhood. If it was going to block

[45:03] that whole area off or something, it might, but this is just going to enter into a small

[45:09] area by the church. I don't think that it will alter the character of the neighborhood

[45:14] at all.

[45:15] With a lot coverage issue, it's usually a case of those are flooding problems, and

[45:18] with the huge pond right there, it's kind of a non-issue.

[45:22] Yeah, I agree. I was thinking of that when we were talking about the lot coverage. It

[45:27] to take it all right and up on.

[45:30] I guess the one standard for a variation

[45:32] I'm having a little trouble with is

[45:34] I'm not sure that the property in question

[45:36] cannot yield a reasonable return as permitted

[45:39] to be used only under the conditions.

[45:42] It kind of begs the question of what kind of return

[45:45] is it trying to get on this property.

[45:47] It's not like your standard business

[45:49] or a residence that you would sell eventually

[45:52] at some point.

[45:55] So that's the one I'm battling with, I think the other ones are met pretty well.

[46:01] I'd be interested to hear what you guys think about that one.

[46:03] I think maybe it is, you know, it's already non-conforming with the lack coverage.

[46:12] And giving the largest of the parcel, it's a small amount that's being requested.

[46:18] And either way, because the lock coverage has changed since originally was plotted and built,

[46:27] they would have to get some relief.

[46:33] And I think that because the coverage has changed and not anticipating that,

[46:43] they would anticipate that they would be able to put something like this,

[46:46] It's not, you know, an additional huge construction, not additional building, but rather, you know,

[46:53] a garden sectioned off by a wrought iron fence, I think.

[46:57] I think it's a little bit returned that way, like they would expect maybe in the future

[47:02] they would be able to add something like that, but with coverage changing, you know,

[47:07] they then were not able to do that.

[47:09] So I think, you know, you could look a little bit that way with, you know, the return

[47:14] under the conditions by, you know, the current now lot coverage and zoning ordinances?

[47:20] Yeah, and I think it's a good question that you raise. I mean, it's his own residential.

[47:25] And so imagine this wasn't a church, instead it was a house, and it was close to lot coverage,

[47:29] but they were really looking to enhance the outdoor area with this really nice outdoor, you know,

[47:34] garden space or brick, paver, patio. They'd be sitting here explaining the same thing.

[47:38] And in a sense, that would probably increase the value of the home if we were allowed to do that type of exception.

[47:43] But this is very unique in the fact that churches are zoned residential.

[47:48] And I think Ted had mentioned this too.

[47:51] You know, just the parking lot alone.

[47:52] Without even the church being built,

[47:53] it's probably going to exceed lot coverage in cases like this.

[48:00] Further?

[48:03] All right, then we'll take a roll call, please.

[48:06] Ms. Wood?

[48:07] Yes.

[48:08] Mr. McGinn?

[48:09] Yes.

[48:10] Mr. Quinn?

[48:11] Yes.

[48:12] Mr. Kavanaugh?

[48:13] Yes.

[48:13] Mr. Dietrich?

[48:15] Yes.

[48:15] Mr. Larson?

[48:16] Yes.

[48:17] There was a unanimous vote 6-0, this board having found that the standards for variation

[48:23] have been met, and it's anticipated this goes for the Village Council on June 12th.

[48:29] June 12th.

[48:32] Thank you, everyone, for coming this evening, and we'll see if we have any communications.

[48:40] Yeah, just our next meeting.

[48:42] Our next meeting is going to be on June 13th.

[48:45] We do have four items.

[48:47] As always if you're not going to be able to attend, please let us know as soon as possible.

[48:52] I don't believe any items went to council between our last meeting and now council will be having their first meeting.

[48:59] I believe it's June 5th.

[49:03] You will not appear June 13th.

[49:04] Okay.

[49:08] I think that's it.

[49:09] All right.

[49:11] Thank you.

[49:11] I have a motion to adjourn.

[49:12] So moved.

[49:13] Second.

[49:14] Motion is second to adjourn.

[49:16] All those in favor.

[49:17] Aye.

[49:18] Not opposed.

[49:21] It's hereby adjourned.

[49:24] Thank you for your time.

Zoning Board of Appeals Regular Meeting

Transcript