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Home My WebLink About05/22/2014 P&Z Minutes 10-14 MINUTES OF THE REGULAR MEETING OF THE PLANNING& ZONING COMMISSION CASE NO.PZ-10-14 Hearing Date: May 22, 2014 PROPERTY ADDRESS: 401 Wa Pella Avenue PETITIONER: Preston Clay Fawcett PUBLICATION DATE: May 7,2014 PIN NUMBER: 08-11-405-001-0000 REQUEST: Variation-Exterior Side Yard Setback MEMBERS PRESENT: Joseph Donnelly, Chair Sharon Otteman Thomas Fitzgerald William Beattie Keith Youngquist Jeanne Kueter Norbert Mizwicki Agostino Filippone MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Consuelo Andrade, Senior Planner Brian Simmons, Deputy Director of Community Development INTERESTED PARTIES: Laura and Eric Gastell Chairman Donnelly called the meeting to order at 7:37 pm. Commissioner Beattie made a motion, seconded by Commissioner Mizwicki to approve the minutes of the April 24th, 2014 Planning and Zoning Commission Meeting; the minutes were approved 5-0 with two Commissioners abstaining. Chairman Donnelly introduced case PZ-10-14,401 Wa Pella Avenue. Ms. Andrade stated the Petitioner for PZ-10-14 is seeking a Variation to the required side yard setback for the property located at 401 Wa Pella Avenue. Ms. Andrade explained the Subject Property is located on the southeast corner of the Wa Pella Avenue and Lincoln Street intersection. The Subject Property contains a single-family residence with related improvements and is zoned RA Single Family Residence. It is bordered on all sides by the RA district. Ms. Andrade stated that the subject property currently does not comply with the village's zoning regulations. The principle structure is setback twenty nine and nine tenths (29.9) feet from the front property line and eighteen and four tenths(18.4) feet from the exterior side property line when the village code requires a minimum of thirty(30)feet and twenty(20)feet respectively. Ms. Andrade stated that the Petitioner would like to construct a second floor addition and replace the existing entrance stoop with an unenclosed porch. She further explained the site plan indicates the porch Planning and Zoning Commission May 22, 2014 Meeting 1 Joseph Donnelly, Chair PZ-10-14 would be setback eighteen and one tenth (18.1)feet from the exterior side yard property line, as measured to the posts,when a minimum of twenty(20)feet is required. Ms. Andrade stated that the exterior side yard elevation plan indicated the porch would be covered and include a concrete floor and decorative columns. Ms. Andrade showed the following table comparing the existing and proposed improvements to the RA Single Family Residence District's bulk requirements. RA Single Family District Existing Proposed Requirements Setbacks: Front(west) Min.30' 29.9' No Change Exterior Side north Min.20' 18.4' 18.1' Interior Side south Min. 5' 6.7' S' Rear east Min. 25' 31.7' No Change F.A.R Max. .5 (4,500 sq.ft) .31 (2,805 sq.ft) .44(3,970 sq.ft.) Lot Coverage Max. 50%(4,500 sq.ft.) 38%(3,573 sq.ft.) 40%(3,635 sq.ft.) She stated that the proposed improvements would comply with the RA bulk requirements, including the floor area and lot coverage ratio. Ms. Andrade explained the standards for a Variation as listed in Section 14.203.C.9 of the Village Zoning Ordinance. She summarized the findings as: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. Ms. Andrade stated per the petitioner the homeowners would like to provide a porch to sit on and watch their children play in the yard and socialize with neighbors. A porch measuring less than three (3) feet deep would comply with the required twenty (20) foot exterior side yard setback, but would not be functional as it would not be deep enough to allow for furniture and safe passage around. Ms. Andrade stated the current Zoning Ordinance requires a twenty(20)foot exterior side yard. The fact that there is the presence of nonconforming setback and the homeowner's desire to have a functional porch to allow for furniture do not constitute hardships unique to this property. While the proposed porch would be more or less even with the existing building line, the extent of the existing nonconformity would be increased. The Variation request fails to meet the standards for a Variation because there is no hardship as defined by the Zoning Ordinance. The Village Code permits a stoop measuring no more than eight(8)feet wide by five(5)feet deep as a permitted encroachment. Ms. Andrade stated that Staff does not feel the request meets the standards for a Variation and recommends that the Planning Zoning Commissioner deny the following motion: "To approve a Variation to allow an eighteen and one tenth (18.1) foot exterior side yard setback, as shown in the attached plans dated March 20, 2014 for the residence at 401 Wa Pella Avenue." Planning and Zoning Commission May 22, 2014 Meeting 2 Joseph Donnelly,Chair PZ-10-14 She stated the Planning&Zoning Commission's decision is final for this case. Commissioner Youngquist asked if the second floor addition extends past the front porch area. Ms. Andrade stated the existing side yard setback will be maintained; the proposed porch is the only feature that will extend past the existing side yard. Commissioner Mizwicki asked for clarification regarding the existing exterior side yard setback. There was general discussion between Staff and the board regarding the existing side yard setback and how it was portrayed on the plans. Chairman Donnelly swore in Preston Fawcett 101 Westminster, Racine Wisconsin and Laura Gastell and Eric Gastell 401 Wa Pella Avenue Mount Prospect, Illinois. Mr. Fawcett stated that he was the architect working on the project. He further explained that the existing ground floor bedroom would stay at eighteen and four tenths(18.4)feet from the property line. Mr. Fawcett clarified that the addition will not extend over the porch but the porch will have a roof covering over the top portion of the porch. Chairman Donnelly verified that the porch will start at the ground level bedroom and extend the length of the front of house to the garage. Mr. Fawcett stated that the dimensions of the porch are twenty four(24) feet by four and two tenths(4.2) feet, and also clarified that the two decorative columns are the only part of the porch that will extend into the side yard. The actual concrete of the porch will be flush with the existing building line of the home. Commissioner Otteman clarified that the decorative stone on the columns is what makes the columns extend past the setback. Chairman Donnelly stated that the board would like to add a condition to the Variance stating that the porch must remain unenclosed. Hearing no further questions for the Petitioner, Chairman Donnelly closed the public hearing portion of the case and brought the discussion back the board. Hearing no further comments from the board Commissioner Beattie made a motion seconded by Commissioner Fitzgerald: "To approve a Variation to allow an eighteen and one tenth (18.1) foot exterior side yard setback, as shown in the attached plans dated March 20, 2014 for the residence at 401 Wa Pella Avenue; with the condition that the porch area will remained unenclosed." UPON ROLL CALL: AYES: Otteman, Fitzgerald, Beattie, Youngquist, Kueter, Mizwicki, Donnelly NAYS: None The motion was approved 7-0. Chairman Donnelly stated that the case was Planning and Zoning Commission final. After hearing three (3) additional cases Commissioner Fitzgerald made a motion seconded by Commissioner Beattie and the meeting was adjourned at 9:15 pm. Jenna Moder,Community Development Administrative Assistant Planning and Zoning Commission May 22,2014 Meeting 3 Joseph Donnelly, Chair PZ-10-14