MINUTES OF BOARD OF ADJUSTMENT

September 6, 2006 – 5:30 p.m. 

Chairman Ben Winkelman called the meeting of the Board of Adjustment of the City of Bunker Hill Village to order at 5:35 p.m. in the Council Chambers of City Hall, 11977 Memorial Drive, to consider the following:

Members present:                                        Also Present:

Ben Winkelman, Chair                                Yolanda Benitez, City Secretary

Al Augustine, Vice Chair                            Ruthie Sager, City Administrator

James Whalin                                              Steve Smith, Director of Public Works

Gary Miller                                                    Loren Smith, Olson & Olson

Jean Krivan                                                  Susan Schwartz, Council Liaison

Members Absent:

Mark Allen

Keith Brown

Henry Houston

Bob Newman

Chairman Winkelman read the statement of authority and asked the board members to introduce themselves.

I.                    CONSIDERATION AND POSSIBLE ACTION REGARDING APPROVAL OF MINUTES OF THE AUGUST 23, 2006 MEETING.

Motion was made by James Whalin and seconded by Al Augustine to approve the minutes.  Motion carried 5 to 0.

II.                  CONSIDERATION AND POSSIBLE ACTION REGARDING A REQUEST FOR VARIANCES, SUBMITTED BY VICKY & STEVE ROCHER, 12214 VALLEY STAR, TO REPLACE AN EXISTING DRIVEWAY.

SECTION OF CODES AT ISSUE:  APPENDIX A – ZONING.

§6.06 AREA REGULATIONS, SIZE OF YARDS.  ALONG SIDE LOT LINES WITHIN A REQUIRED FRONT YARD, A FIVE-FOOT WIDE GREEN SPACE SHALL BE MAINTAINED.

§6.04 AREA REGULATIONS, SIZE OF LOT.  THE BUILDING SHALL NOT EXCEED FORTY–FIVE PERCENT OF THE AREA OF THE LOT. FOR THE PURPOSES HEREOF, BUILDING AREA SHALL INCLUDE PORTIONS OF A LOT WHICH ARE COVERED WITH BUILDINGS OR STRUCTURES WHICH RENDER THE UNDERLYING GROUND IMPERMEABLE, INCLUDING, BUT NOT LIMITED TO, BUILDING FOUNDATIONS, DRIVEWAYS, SIDEWALKS, WALKWAYS, SUNDECKS, PATIOS, OR TENNIS COURTS, AND OTHER IMPERVIOUS SURFACES.

City Secretary Benitez administered the oath to all who signed up to speak.

The following persons spoke:

Steve Rocher – 12214 Valley Forge – came before BOA to request that he be allowed to replace his driveway back where it is now.

Gary Miller asked about the required greenspace, to which Loren Smith replied that he would need 5 feet of green space on each side of the driveway.

Motion was made by Gary Miller and seconded by Al Augustine to grant the request to replace the driveway as it currently exists.  Motion carried 5 to 0.

III.               CONSIDERATION AND POSSIBLE ACTION REGARDING A REQUEST FOR A VARIANCE, SUBMITTED BY GUY & KRISTINA ROWLAND, 11903 CHURCHILL COURT, TO REPLACE THE EXISTING DRIVEWAY.

SECTION OF CODE AT ISSUE:  APPENDIX A – ZONING

§7.14 LIMITATION ON DRIVEWAY/CURB CUTS CONNECTING WITH MAJOR STREETS.  IT SHALL BE UNLAWFUL FOR ANY PERSON TO CAUSE OR PERMIT THE PLACEMENT OR CONSTRUCTION OF A VEHICULAR DRIVEWAY, OR ANY PORTION THEREOF, WHICH VIOLATES THE PROVISIONS OF THIS SECTION.  LOTS THAT ARE ADJACENT TO A MAJOR STREET AND A MINOR STREET SHALL HAVE VEHICULAR DRIVEWAYS CONNECTING WITH THE MINOR STREET ONLY.  LOTS THAT ARE ADJACENT TO A MAJOR STREET ONLY SHALL HAVE VEHICULAR DRIVEWAYS WITH TURN-AROUND AREAS SO THAT EXITING MAY BE ACCOMPLISHED WITHOUT BACKING ONTO THE MAJOR STREET.  FOR THE PURPOSES OF THIS SECTION, A “MAJOR STREET” SHALL MEAN AND INCLUDE MEMORIAL DRIVE, GESSNER ROAD, STREY LANE, BUNKER HILL ROAD, BLALOCK DRIVE, KNIPP ROAD AND TAYLORCREST ROAD.

Eddie Gertner – 11917 Knippwood.  Mr. Gertner stated that the house that was clear-cut on Knippwood would be the same as what the Rowland’s would have to do if their variance request is not granted and it would necessitate cutting down about six trees.

Guy Rowland – 11903 Churchill Court.  Mr. Rowland stated that his driveway is in bad shape, and he needs to replace it, but cannot unless they get the variance or cut down several trees.  He pointed out that they plan to leave the circular drive as it is and wants to avoid cutting trees.

Gary Miller asked Mr. Rowland about installing a fence instead, and Mr. Rowland stated that he would prefer not to put in fence and would also prefer a cement driveway.

Kristina Rowland was sworn in at this time.  Ms. Rowland asked if the Board of adjustment had priorities regarding which ordinances are more important.

Jean Krivan stated that she replaced the driveway at her home with crushed granite several years ago and this could be an alternative for the Rowland’s.

Chairman Winkelman then read the “special exceptions” in the ordinance.

Attorney Loren Smith stated that the special exceptions could not be considered because the agenda was posted with the request stating “request for variance”, and that the Rowland’s would have to request a “special exception”, if they wished to do so.

At this time, Guy and Kristina Rowland withdrew their request for the variance.

IV.                ADJOURN

Motion was made by Jean Krivan and seconded by James Whalin to adjourn the meeting.  Motion carried 5 to 0 and the meeting was adjourned at 6:25 p.m.

                                                                        __________________________________________

                                                                        Ben Winkelman, Chair

                                                                        Board of Adjustment

ATTEST: 

____________________________________

Yolanda C. Benitez, City Secretary