Village of Lombard Legistar System

Trustee Sebby reported that at the last meeting the Transportation & Safety Committee

discussed no parking during Cruise Nights and intersection improvements at Route 53

and Madison. He stated that Tom Murphy had submitted his resignation from the

committee and they would be looking at filling that vacancy. Trustee Sebby gave an

update on the railroad fencing and reported they are moving in a positive direction. He

anticipated that the remaining posts would be installed by February 19; the panels by

February 26 and the project be completed by March 2. He stated that a very emotional

memorial service had been held on Sunday for the young girl who had been killed and

whose death initiated the positive steps that are being taken to hopefully prevent any

future deaths at that location. The next committee meeting is scheduled for March 5.

President Mueller stated he had seen on television the Toast to Harry Carry and that it

had been nine years since he had passed away. His wife Dutchie was leading "Take

Me Out to the Ball Game" from Mesa, Arizona where the Cubs were preparing for spring

training. Bill Mueller stated that six months from now Harry Carry's and Holy Mackerel

would be open in Lombard.

President Mueller announced that the Library had held its annual Christmas Wreath

Contest and that the Village had won first prize. He thanked employee Linda Hanlon for

her work in designing the wreath. He stated the $75 prize money had been returned to

the Library to be used for the purchase of books and puzzles for the children's library.

President Mueller reminded residents that the art projects from the children of School

District #44 were still on display through the month at the Village Hall and encouraged

residents to stop in and see the various items.

President Mueller reminded residents that he would be giving the annual State of the

Village Address at the Chamber luncheon scheduled for February 21st and encouraged

everyone to attend.

506 E. St. Charles Road (Poolside Dogs) and 524 E. St. Charles Place (Lombard

Hobbies)

1. Granting an amendment to the conditions of approval associated with Ordinance

5790 relative to a six-month time extension (August 15, 2007) in order for the property

located at 506 E. St. Charles Place to complete development and qualify for grant funds.

2. Granting an amendment to the conditions of approval associated with Ordinance

5734 relative to a six-month time extension (August 15, 2007) in order for the property

located at 506 E. St. Charles Place to complete development.

3. Granting an amendment to the conditions of approval associated with Ordinance

5807 relative to a six-month time extension (August 15, 2007) in order for the property

located at 524 E. St. Charles Road to begin development. (DISTRICT #5)

Mr. Mallon distributed copies of information that he had prepared regarding his fence

variation to the Village Board. He stated he had requested a permit for a fence in

August and was advised there could be some issue regarding the six-foot fence. He

stated he contacted Dave Hulseberg and Trustee Sebby. He was advised that the

six-foot portion was probably workable. He proceeded to have the fence installed. He

applied for a second variation. He was told the Village Code mimics other

municipalities's codes. He felt there was no data to support the hazard that he has been

told his fence height creates. He spoke with Village staff and police department staff

regarding the safety of the fence. He also checked with insurance companies and there

are no statistics regarding the height of a fence and the clear-line-of-sight hazard issue.

He noted the garage at the construction site at Main and Ash and used that as an

example as there was no 20 foot by 20 foot clear line-of-sight and felt this was a more

dangerous situation since it was on Main Street. He also noted the fence variation that

was granted for 734 S. Elizabeth with a three-foot distance to the driveway. He

proposed a compromise to invert the corner so it would be an 8-foot by 11-foot

clear-line-of-sight. He stated there were several homes on corner lots with similar

situations and nothing that indicates any danger.

Director Hulseberg indicated the ZBA had not received the data.

Village Attorney Bayer suggested this item be referred back to the ZBA.

Director Hulseberg indicated it could stay.

Trustee Sebby stated he visited Mr. Mallon's home and several other locations and

attended the ZBA meeting. He stated he had concerns over the ordinance itself. He

indicated the committee had several concerns regarding the ordinance and not

necessarily the fence and were looking at a safety issue. He stated the committee was

opposed to this as this is a route to Pleasant Lane School. He stated that changing the

corner alleviates the sight problem and supports the resident's request. He stated the

fence slats were 4" wide with a 2" space between the boards. He stated it was not a

solid fence. He did indicate the resident had installed the fence without a permit and

asked Mr. Mallon if he was willing to pay all the fees that he should have paid prior to

installation.

Director Hulseberg gave a power point presentation indicating that the ZBA had not

seen pages 1, 3, 4, 5, and 6.

Trustee Sebby stated the area along Berkshire was critical and that backing down the

driveway and someone coming from Pleasant Lane could be a problem. He questioned

the revised proposal and stated that even though it may not be the best scenario, he

would support it if the 11-feet was given where the 20-feet is required from the sidewalk

and 8-1/2-feet back.

Trustee Florey inquired of Director Hulseberg why the 20-feet is used in the Village

Code.

Director Hulseberg stated it was a safety issue with a vehicle having an 18-foot length

and the clear-line-of-sight.

Trustee Florey commented about the safety for kids on bikes, moms with strollers, etc.

Director Hulseberg indicated it was for more right-of-way and green space.

Trustee Florey commented on the line-of-sight and the safety issue. He questioned if

there were an accident, if the Village would be held responsible. He did not want to

insult the work of the ZBA if the Code was not followed. He stated if necessary, the

Code should be changed if there is not support for the 20-foot by 20-foot

clear-line-of-sight requirement. He stated he has walked around his district and has

seen hazards from bushes and other obstructions and that residents may not be aware

of the hazards. He also commented on the voluntary code compliance program. He

said the clear-line-of-sight is a common problem, a safety issue and an accident waiting

to happen.

Trustee Tross echoed Trustee Florey's sentiments. He stated he can not count the

number of allowed zero-lot-line construction projects. He questioned the Village's

clear-line-of-sight requirement. He questioned why plant a tree by a stop sign. He

stated he agreed with the safety issue and will not support zero-tolerance. He also

stated he did not support the 20-foot line-of-sight that is not affecting neighbor property.

He stated 734 S. Elizabeth and 832 S. Elizabeth received variances. He suggested that

the Transportation and Safety Committee look at the 20-foot clear-line-of-sight

requirement. He commented about the 20-foot building set-back. He stated he will

support the resident's variance request and felt the 8-foot and 11-foot clear line-of-sight

was sufficient.

Trustee Gron stated he questioned ordinances when he was first on the Board. He felt

if the ordinance was not substantial, that it needed to be changed.

Trustee Florey felt the Board should consistently apply the ordinance and that the Board

had made mistakes in the past.

Trustee Sebby cautioned changing the ordinance. He felt the best solution was to have

a very conservative ordinance in place and that the petitioner should come forward with

a request for a variation and not to change the ordinance overall.

Trustee O'Brien felt the Zoning Board of Appeals was doing an excellent job. He felt

most variances were allowed because there was a particular issue. If there is not issue,

the request should not be supported.

President Mueller indicated that the new fence ordinance had been passed and the

Board had hoped the new fencing requirements would eliminate the problems and the

requests for variances. He stated that in another situation a fence was built without a

permit and the resident was required to change it.

Trustee Soderstrom felt the Board had gone too far off on the 20 foot line-of-sight and

that should be a discussion for another time. He stated the resident had put up the

fence without a permit and if he had had his ducks in a row and obtained a permit, he

could have changed the design of the fence or requested the variance prior to its

construction.

Director Hulseberg stated the fence was constructed prior to approval and prior to

obtaining a permit.

Trustee Soderstrom indicated the permit would have given the petitioner direction.

Trustee Sebby suggested that the resident speak with Dave Hulseberg.

Trustee Tross suggested the Transportation and Safety Committee look at the

clear-line-of-sight issue. He stated the Zoning Board of Appeals is there to hear appeals

to the Village Code. He felt the issue of 20 feet line-of-sight for driveways should be

reviewed. He felt residents should not be deprived of use to their property.