April 27, 2004
A Special Meeting of the Board of Trustees was called to order by President Wilkes at 5:47 PM at the Village Hall.
ROLL CALL Present: Trustees Al-Awar, Butterwick, Davis, Hensinger, MacKrell, Pickl and Wilkes; Atty. Reading, Asst. Treas. Redies and Supt. Esch; BHMC President Bultman, resident Vik Kheterpal, architect designer Todd Mathews and associate architect Joe Hoadley, BHMC Atty. Lloyd and observing BHMC directors Bishop, Kelly, MacKrell, Merlanti and Newman. Absent: Trustees Boddie and Laporte. (amended 5/18/04)
PUBLIC HEARING
President Wilkes convened the Public Hearing at 5:48 PM. The purpose of the Public Hearing was to receive public comment on the request for variance submitted by Drs. Vik and Bithika Kheterpal for construction of a garage at their home at 521 Hillspur Road that encroaches 6′ into the 20′ side set back specified in Section 5.03(c) of the Barton Hills Village Zoning Ordinance. Mr. Wilkes verified with Mrs. Esch that proper notice of the request had been given in the newspaper and to the neighbors, and that sufficient application/documentation/fee payment had been received from the Kheterpals. No written comments were received. He also reviewed the details of the situation that led to this request.
PUBLIC COMMENT Discussion from those present centered on whether or not the proposed garage addition could be made any smaller or reconfigured to avoid the set back encroachment. Dr. Kheterpal stated that his automobiles had been measured by the architect to verify that the garage allowed reasonable space without being overly generous. Space was also allotted for trash cans and minimal other storage for tools, etc. Mr. Butterwick and Mr. Bultman had made similar automobile measurement models for comparison. Mr. Bultman, while supporting the design of the project, questioned whether “undue hardship” had been established. Atty. Reading stated that the criteria may be more under the heading of “practical difficulties” than “undue hardship” in this case (referring to Section 10.03(c) of the Barton Hills Zoning Ordinance). It was noted that turning radius needed for entrance to the garage, proximity of stone walls and mature trees, traffic flow within the home and aesthetic aspects of the overall project were all factors in the design.
Neighbor Nancy Bishop was present, and was asked for her response to the project. She stated a concern for the precedent of requesting exemption from the ordinance, but had no objections to the project other than speculation of what a future owner might want. Mrs. Bishop did request an official survey of the common property line to verify its location. Dr. Kheterpal offered to replace any trees or other vegetation on the Bishop property if they were damaged as a result of the project. Mrs. Bishop was asked if she would like any kind of landscaping barrier between the two properties; she responded no. Even though Mrs. Bishop stated it wasn’t necessary, Mr. Bultman added requested that any commitment between the two parties, such as the offer to replace damaged trees, should be made in writing with both BHV and BHMC receiving copies as well as the two homeowners. (amended 5/18/04)
There being no further comments or questions from either the public or the Board, President Wilkes closed the Public Hearing at 6:14 PM.
ZONING BOARD OF APPEALS MEETING (sic)
President Wilkes convened the meeting of the Board of Trustees acting as Zoning Board of Appeals (sic) at 6:14 PM at the Village Hall. Present: Trustees Al-Awar, Butterwick, Davis, Hensinger, MacKrell, Pickl and Wilkes; Atty. Reading, Asst. Treas. Redies and Supt. Esch; BHMC President Bultman, resident Vik Kheterpal, architect designer Todd Mathews and associate architect Joe Hoadley, BHMC Atty. Lloyd and observing BHMC directors Bishop, Kelly, MacKrell, Merlanti and Newman. Absent: Trustees Boddie and Laporte. (amended 5/18/04)
MOTION Mr. Davis moved that the zoning variance requested by Drs. Vik and Bithika Kheterpal be approved. Mr. Al-Awar seconded. Trustees Al-Awar, Davis, Hensinger and Wilkes voted yes; Trustees Butterwick and MacKrell voted no, with Trustee Pickl abstaining. Atty. Reading stated that the motion was defeated, since the Barton Hills Village Zoning Ordinance Section 10.01 requires a majority of the membership of the Board, meaning that five votes are needed for approval. Given this information which the Board was not aware of, Mr. Davis moved to reconsider the motion; Mr. Al-Awar seconded. The motion to reconsider carried with Trustees Al-Awar, Davis, Hensinger, Pickl and Wilkes voting yes; Trustees Butterwick and MacKrell voting no.
MOTION Mr. Davis moved that the zoning variance requested by Drs. Vik and Bithika Kheterpal be approved. Mr. Al-Awar seconded. The motion carried with Trustees Al-Awar, Davis, Hensinger, Pickl and Wilkes voting yes; Trustees Butterwick and MacKrell voting no. Trustees Butterwick and MacKrell stated that they were not opposed to the project as such, but wished to support the principle of adhering to the stated set backs.
There being no further business, the Zoning Board of Appeals meeting was adjourned at 6:20 PM. Dr. Kheterpal and the two associates left
Respectfully submitted,
Janice K. Esch
Assistant Clerk