07/18/1983 Meeting Minutes (2) - Laserfiche WebLink

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Mr. Dan Reiber, 874 Beechers Brook Road - said the property owners of the original Aintree Park subdivision, North Aintree.Park Dr. and Beechers Brook Rd., have found deed restrictions concerning the undeveloped lot in the northwest cor.ner of Beechers? Brook. A prospective buyer is planning to build on this lot. Their lot deeds contain restrictions on set backs from the road right of way from adjacent property. Further deeds contain general plan restrictions limiting the size of an attached car garage to one or two Cars, requiring proposed design and location to be approved in.writing by a committee elected by the majority of the lot owners in the subdivision. These deeds were brought to the attention of various people. _ Mr. Feneli explained a new resident asked the Board of Zoning Appeals for a variance on the location of a building on his property. They granted him the variance because otherwise the lot was essentially non-buildable. Following this, Mr. Reiber contacted him and informed him of the deed restrictions which set forth another set of guidelines totally separate and apart from Village ordinances. Mr. Reiber asked him if the Board of Zoning Appeals can grant a variance on Village ordinances when there is a series of deed restrictions on the same matter. He said, as he told Mr. Reiber last week, the Board of Zoning Appeals cannot rule on private property rights. Deed restrictions are private property rights. The deed spells out how those rights are to be enforced, which is through court action. Mr. Feneli said if Mr. Reiber feels the Board of Zoning Appeals decision to grant the variance was wrong because it violates his private property rights, he must enforce those rights in the manner his deed indicates, through court action. It is not up to the Village to enforce private property rights. Mr. Carmen explained that legally the Board of Zoning Appeals cannot even consider private property rights when making a ruling. Mr. Reiber said he would like to introduce the letter, attached, to go on record that there are deed restrictions concerning the empty lot and he thinks the Village should know what the deed restrictions are. CONSIDERATION OF MINUTES Council - Board of Appeals - June 20, 1983 - Mr. Spellman, seconded by Mr. Flynn, ma.de a motion to accept the minutes as written. Roll Call: AYES: All NAYS: None Motion Carried Minutes Approved Regular Meeting of Council - June 20,'1983 - Mr. Etzler noted on page seven, the sixth line...The Trust Fund Balance should be $1,014.70 and the Bank Balance is $708.00. Mr. Spellman, seconded by Mrs. Hanus, made a motion to accept the minutes as corrected. Roll Call: AYES: All NAYS: None Motion Carried Minutes Approved