MINUTES OF BOARD MEETING
ZONING BOARD OF APPEALS
BARTON HILLS VILLAGE
August 12, 2024
The meeting of the Zoning Board of Appeals was called to order by Trustee Perry at 6:01 PM at Walter Esch Hall.
ROLL CALL Present: Trustees, Al-Awar, Haitam, Hensinger, Perry, Popp, and Smith. Absent: Trustees Conlin, Darden and Holmes
Others attending: ZA Capozza, BHMC President David, Supt. Reeves, Asst. Treasurer Reeves, three residents and five members of the public.
APPROVAL OF MINUTES Minutes of the 2.12.24 ZBA were approved. Minutes of the 7.8.24 ZBA were approved. (Hensinger/Popp/P)
APPLICATION FOR VARIANCE 320 Juniper Lane (Alawi/Karim) Application for variance to construct a deck in the side yard setback.
Shannan Gibb-Randall, landscape architect, from InSite Design Studio, Inc. was called forward to present the project specifications and explain why a variance is requested. Gibb-Randall referenced deck site plans and also provided a drawing which depicts the line of sight from the road to show that the deck would be below grade, to provide privacy for the homeowners as well as maintain the view for surrounding neighbors. She stated that it is difficult to build on a hillside and that the placement of the proposed area is not as steep and would therefore allow for more sturdy construction and less environmental disturbance. The deck would connect into the existing staircase. Concurrent with construction of proposed deck, an existing wall and grill area that already extends into the setback, would be removed. The encroachment would be 7.5 feet into setback on the side and 2.9 feet to rear.
Trustee
was asking if there is an engineering hardship? Shannan Gibb-Randall then referred the question to Chuck Bultman, who is the project architect.
Chuck Bultman, Architect LLC stated that the proposed location would be the most secure location to construct the deck. The topography of the lot is very steep along the back side and if they moved the deck north, it would be much more difficult to construct and consequently cause more of an environmental disturbance, and require a taller seawall that would be more visible from the water. Bultman explained that 320 Juniper is only 1/3-acre lot, which is an exception to the 1-acre minimum lot size within Barton Hills Village. When the zoning code was written no exceptions made for the 1/3 acre lots, therefore variances to the zoning code are required for homeowners on 1/3 acre lots to utilize their space in a reasonable manor.
The next to speak in support of the variance request was Emily Palacios, Attorney for Alawi/Karim at 320 Juniper Lane. Palacios explained that this is the homeowner’s 2nd variance request for the backyard, and that they considered requesting a variance to construct a pool, but had decided not to propose a pool in an effort to complete the project more quickly. The homeowner’s shifted gears to a more modest approach and would simply like to build a deck to enjoy the waterfront feature of their lot. Palacios stated that the variance will not impair adjacent properties, and believes it to be a very reasonable use of residential property. Palacios discussed the five standard factors required to receive a variance and stated that she feels they meet all five factors. She is concerned that all Zoning Board of Appeals members are not present to vote. Trustee Perry asked if she wanted to table the motion. She stated that she does not have her clients permission to postpone.
Public Hearing. The public hearing convened at 7:03 PM.
Persons of Interest (owners of property within 300’)
–Victoria Power, 321 Juniper Lane. Mrs. Power was present and spoke about how she bought her house because of the view of Barton Pond. She has been dealing with the construction for 5 years. She has photos of the last 5 years that she has brought to view. She states that there is huge machinery and 8 trucks there every day. She would like a sight line view to see exactly what she will see.
–Paul Izenberg, 312 Juniper Lane, has submitted public comment in opposition to the variance and will be part of the record.
–Sam Schechtman, 239 Barton Shore Drive has submitted public comment in opposition to the variance and will be part of the record.
Other Public Comment
–Michael Shrank, 196 Barton Shore Drive was present and is asking if there is anything to prevent bluff erosion and protect the ecosystem.
–Jeff David, President of the Barton Hills Maintenance Corporation will be looking at the landscaping plans at the board meeting if ZBA approves.
Applicant Rebuttal
–Shannan Gibb-Randall stated that if approved then they would move it to the permit phase and would put soil erosion and control measures in place to protect the river.
The public hearing was closed at 7:20 PM.
Board Discussion
Trustee comments included:
— Board member stated the homeowner knew the size of the lot when they bought it.
— Board member suggested that they redraw plans to have less encroachment on the setback.
Trustee Perry led discussion to determine if variance request meets the five standard factors:
— 2. Dimensional or other non-use variances shall not be granted by the ZBA unless it can be determined that all the following facts and conditions exist:
- Exceptional characteristics of the property for which the variance is sought make compliance with dimensional requirements substantially more difficult than would be the case for the great majority of properties in the same district. Characteristics of property that shall be considered include exceptional narrowness, shallowness, smallness, irregular shape, topography, vegetation, and other similar characteristics.
Board members agreed that this factor had been met.
- The characteristics that make compliance with dimensional requirements difficult must be related to the premises for which the variance is sought, not some other location.
Board members agreed that this factor had been met
- The characteristics that make compliance with the dimensional requirements shall not be of a personal nature.
Board members agreed that this factor had not been met
- The characteristics that make compliance with dimensional requirements difficult have not been created by the current or a previous owner.
Board members agreed that this factor had not been met.
- The proposed variance will not be harmful or alter the essential character of the area in which the property is located, will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in nearby streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair established property value within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of Village residents.
Board members had mixed views on this, with most being that the factor had not been met.
Motion: Request for variance to construct a deck in the side yard setback was denied by a unanimous vote. (Hensinger,Smith/P)
There being no further business or objections, the meeting was adjourned at 7:38 PM.
Theresa McDevitt, Deputy Clerk