09/27/2004 Meeting Minutes - Laserfiche WebLink

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Regular Council Minutes 9-27-04 Page 16 Architectural Review Board reviews certain things; Board of Appeals, Planning & Zoning and Council, Council is placed in our review process as sort of the apex, pinnacle, because Council is elected officials and looks to the community at large. All the issues I have heard tonight are very valid. I think that and I would caution that we shouldn't look at Board of Appeals decisions-and I don't think we do-where we are going to be fickle. I happened to be at the Board of Appeals when this was presented and what struck me was these are property owners who have moved to our Village, they have done everything that we collectively ask our residents to do: to be mindful of their neighborhood, to talk with their neighbors, to do things tastefully and I think all of that while it was presented to the Board of Appeals, the Board of Appeals was struggling with what it views legitimately as its role of being arbiter of our ordinances. It struck me that this Board of Appeals group was trying to reach a compromise but from the standpoint of the overall design of this house, from everything that was demonstrated of the quality of the materials being used, the compromise didn't seem to make a whole lot of sense. Not in the light of what a whole lot of neighbors were saying. So all I would suggest is I think that being sensitive to how a whole neighborhood views what one of their neighbors is doing investing in a property is a legitimate issue. It is something that is different that Board of Appeals may not necessarily take a look at---and for Council that is probably an extra element that Council is empowered to consider. I am saying that is something that frankly is not in the face of the Board of Appeals but you are looking at something beyond what Board of Appeals really has the scope and the authority to do. Mr. Marrie said I think it has been pretty well said but this is part of the appeals process and one of the reasons we are here. I think we don't, Dr. Parker, I don't think we really overrule as many as you might think or say that we do on the Board of Appeals. I don't think we do. I think each is an individual case and as Diane said you have to go along with the individual, especially when it is an improvement and when their neighbors have no objections to it whatsoever. I think they have the right to appeal and I think it is our right to look at it that way. I do not think it undermines the ordinance or their responsibility or authority. The ordinance is, I believe, put in there to protect the Village as a whole from everybody coming in doing wholesale whatever they want and I think that is where they look at it. I think we have to look at it as it comes to us as part of the process. Dr. Parker said not only does this ordinance protect these homeowners as well as the people who live next to them but it protects future people that move into next to them and those individuals. While people who live around them may not be opposed to it, we are also protecting those individuals who later on move in. Mr. Marrie said I understand that but they have to go through the same process. Just because it is there doesn't mean it sets aprecedent-well I am not legal, but Dr. Parker said I thought they had good rationale for what they did; I think even Mr. Marrelli may have made this recommendation or felt that was a reasonable way to do it; at least from what I gleam from the minutes in terms of allowing them to enclose and put a porch in around the tub. And I feel that they made a good decision. I don't know that I disagree with the idea of a full privacy fence that it shouldn't go to the end of the yard there. I will make that decision when it comes time to vote but I think Board of Appeals has done a good job.