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HomeMy WebLinkAbout06/28/2001 ZBA minutes 16-2001 MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CASE NO. ZBA-16-2001 Hearing Date: June 28, 2001 PETITIONER: Ieffery & Karen Chamberlin 1006 W. Isabella Street PUBLICATION DATE: June 13, 2001 Journal/Topics REQUEST: Variation for lot coverage and Conditional Uses to allow construction of an unenclosed porch and a cimular driveway MEMBERS PRESENT: Hal Ettinger Leo Floros Richard Rogers Arlene Juracek, Chairperson MEMBERS ABSENT: Men'ill Cotten Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Mike Blue, AICP, Community Development Deputy Director INTERESTED PARTIES: Jeffery & Karen Chamberlin Bogdan & Deborah Skoskiewicz Marge Dybing Kevin Kazimer Juha& Anna Pentikainen Chairperson Arlene Juracek called the meeting to order at 7:47 p.m. The minutes of the May 24, 2001 meeting were approved 4-0. At 9:03 p.m., after hearing five cases, Ms. Juracek introduced Case No. ZBA-I6-01, a request for a Variation for lot coverage and Conditional Uses to allow construction of an unenclosed porch and a circular driveway. Judy Connolly, Senior Planner, introduced the staff memorandum for the case. Ms. Connolly stated that the subject property is an existing home located in a single-family residential neighborhood on an interior lot on a local street. The 17,765 square foot lot is relatively square in shape and meets the minimum lot size and width for the RX Zoning District. She reported that the petitioners propose to raze the existing structure and build a one-story ranch-style home with a 3-car, side-loaded garage. In addition, the petitioners propose to install a circular drive, separate from the 3-car garage and an unenclosed, covered porch in a portion of the front setback. Ms. Connolly said the Chamberlins are seeking relief from Zoning Ordinance requirements for the maximum amount of lot coverage permitted, in addition to Conditional Use approval for the circular drive and the 4.5'x14' porch. The petitioners have been working to revise their plans to be closer to code requirements than their original submittal, but still require relief from the Zoning Ordinance. Ms. Connolly said, in order to conduct its analysis of the proposed circular drive and porch, staff reviewed the petitioners' plat of survey and site plan, and visited the site. Although the Conditional Use requests are part of the same proposed project, they are evaluated separately. In order to approve the Conditional Use requests, the proposal must meet the standards listed in the Zoning Ordinance, which Ms. Connolly reiterated to the Zoning Board. She stated that, per Sec. 14.2215.A of the Zoning Ordinance, Conditional Use approval is required for circular driveways. The circular drive would be constructed in the front of the proposed new home and would not be connected to the driveway that leads to the garage. In their application, the petitioners state that the circular drive is necessary because the street is not as wide as other streets in the Village that have curbs and gutters and that street parking in front of their home is limited and unsafe. By having people park on the circular drive and not in the street, the petitioners state that the circular drive creates a safer environment for guests and people driving on Isabella. Ms. Connolly explained that the subject property is located in an area of Mount Prospect with unimproved rights-of-way, with streets that typically measure 22-23' in width. By constructing a circular drive, the petitioners are creating three curb cuts onto Isabella in Zoning Board of Appeals ZBA- 16-2001 Arlene Juracek, Chairperson Page 2 addition to exceeding lot coverage, which requires a Variation. As shown on the petitioners' revised application, the circular drive measures 762.4 square feet; the overall lot coverage for the site will exceed lot coverage by 718.3 square feet. By eliminating the circular drive, the petitioner would not need a variation for lot coverage and the site would meet Zoning regulations. Ms. Connolly reported that staff evaluated data from the Records Division of the Police Department and found that there were two parking complaints in the last six months. The data does not support the safety claims as justification for the circular drive. Ms. Connolly also reported that the applicants propose to construct a porch that extends 4.5-feet into the front setback. As with other porches, the encroachment of the porch into the front setback is listed as a Conditional Use in the PO( district. The porch would not have a negative impact on the adjacent area, utility provision or public streets. The proposed Conditional Use would be in compliance with the Comprehensive Plan and the Zoning Ordinance requirements. The single-family residential character of the neighborhood would not be affected by the proposed Conditional Use, nor would it have any significant effect on the public welfare. Ms. Connolly said the petitioners could build a two-story house that covers less of the lot and meets Zoning requirements but feel that that in doing so the character of the neighborhood would be adversely impacted. As part of the new home, the petitioners propose to construct a side-loading garage and a circular drive, separate from the driveway that leads to the garage. The proposed 3-car garage and driveway ~vidth meets Zoning requirements, but a variation for lot coverage is required. As shown on the petitioners' calculations, the circular drive measures 762.4 square feet, bringing the site to 39% lot coverage while 35% is the maximum allowed in the RX Zoning District. Ms. Connolly reviewed the findings that must be made in order to approve a variation. She pointed out that the size of the subject parcel exceeds the 17,500 square foot minimum lot size required for the RX district. It is relatively level, out of any flood zone and square in shape. She said the request does not meet the variation standards as set out in the Zoning Ordinance. In addition, the lot coverage requirements could be met by eliminating the circular drive. That circular drive, which creates the need for the variation, does not meet the standards for a Conditional Use. In addition, the requested lot coverage variation does not support a finding of hardship, as required by the Variation standards in Section 14.203.C.9 of the Zoning Ordinance. The unenclosed porch, the second Conditional Use request, meets the standards listed in the Zoning Ordinance for a Conditional Use. Ms. Connolly relayed staff's recommendation that the ZBA deny the variation for 39% lot coverage (ZBA final) and make a recommendation to the Village Board to deny the circular drive and approve the unenclosed porch to encroach 4.5-feet into the front setback for the residence at 1006 W. Isabella Street, Case No. ZBA-i6-01. The Village Board's decision is final for the Conditional Use requests. Jeffery and Karen Chamberlin, 1006 Isabella, and Kevin Kazimer, Architect, of 250 Victory Lane in Gumee, were sworn in. Mr. Chamberlin said that he has been a lifelong resident of Mount Prospect and listed the various addresses he had lived in and the schools he had attended. He said he had purchased the home he lives in on a foreclosure and planned to update and add to it to accommodate his future family. Mrs. Chamberlin moved here from Indianapolis when they wed and they now have a 2-1/2 year old daughter. He said that they want to stay in their neighborhood because it is just two blocks from the school their daughter will attend. They explored many avenues to redesign their home to a larger, more modern style but were unable to arrive at an affordable design. They have been advised it would be more feasible to raze the home and build anew. He explained that they did not want to build a two-story home, which would tower over their neighbors' homes, because Mrs. Chamberlin's mother often visits and is handicapped. Mr. Chamberlin also stated one of the reasons they wanted a circular drive was so Mrs. Chamberlin's mother could more easily access the front door. He said they also wanted a circular drive as a means of preserving several large old trees and to provide guest parking, which is not readily available at the curb because there is a fire hydrant in front of the house. In addition, parking in the driveway that leads to the garage would not be convenient for guests. Mr. Chamberlin also presented graphs he had designed which detailed his sentiment that the R-X zoning was more restrictive with respect to lot coverage than the other residential zonings. Zoning Board of Appeals ZBA- 16-2001 Arlene Juracek, Chairperson Page 3 Ms. Juracek asked if members of the audience wished to speak. Mr. Bogdan Skoskiewicz, 300 N. MacArthur Drive, was sworn in. He voiced his objections to the Chamberlins' original submittal. He was most concerned that Mr. Chamberlin would be engaged in a home occupation. Ms. Juracek explained that this hearing was not the forum to discuss home occupations; just the porch, the circular drive, and the lot coverage variation. She advised Mr. Bogdan how to pursue his concerns about the alleged home occupation. At 9:56, Chairperson Juracek closed the public hearing and asked for discussion from the Zoning Board members. As there was no further discussion, Richard Rogers moved to approve the request for Variation for lot coverage at 39% for the residence at 1006 W. Isabella Street, for Case No~ ZBA-16-0. Leo Floros seconded the motion. UPON ROLL CALL: AYES: NAYS: Floros, Ettinger, Rogers, and Juracek Motion was denied 4-0. Richard Rogers moved to make a recommendation to the Village Board to approve the request for a Conditional Use to allow the construction of a circular driveway. Leo Floros seconded the motion. -: UPON ROLL CALL: AYES: NAYS: Floros, Ettinger, Rogers, and Juracek Motion was denied 4~0. Richard Rogers moved to make a recommendation to the Village Board to approve the request for a Conditional Use to allow the construction of an unenclosed porch to encroach 4.5' into the front setback of the property at 1006 Isabella, Case No. ZBA-16-01, with the condition that the porch would always remain unenclosed. Leo Floros seconded the motion. UPON ROLL CALL: AYES: Floros, Ettinger, Rogers, and Juracek NAYS: Motion was approved 4-0. At 10:10 p.m., Richard Rogers made a motion to adjourn, seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Judy Connolly, Senior Planner