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Home My WebLink About12/22/2005 P&Z minutes 45-05 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-45-05 Hearing Date: December 22, 2005 PROPERTY ADDRESS: 516 Deborah Lane PETITIONERS: Wieslaw Kaszuba PUBLICATION DATE: December 7,2005 PIN #: 08-10-416-002-0000 REQUEST: Variation (Front Yard Setback) MEMBERS PRESENT: Arlene Juracek, Chair Richard Rogers Joseph Donnelly Ronald Roberts Keith Youngquist Marlys Haaland MEMBERS ABSENT: Leo Floros STAFF MEMBERS PRESENT: Jill Baty, Planning Intern Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director Community Development Stacey Dunn, Community Development Secretary INTERESTED PARTIES: Wieslaw Kaszuba, Alexkajetan Karski Chairman Arlene Juracek called the meeting to order at 7:30 p.m. Joseph Donnelly moved to approve the minutes of the November 10,2005 meeting and Keith Youngquist seconded the motion. The motion was approved 4-0, with Marlys Haaland and Arlene Juracek abstaining. At 7:32 pm Chairman Juracek introduced Case No. PZ-45- 05, a Variation request for a front yard setback. She said that the case is Planning and Zoning Commission final and the Commission will be making the final vote tonight. Judith Connolly, Senior Planner, summarized the case. The Subject Property is located on the west side of Deborah Lane, north of Estates Drive, and contains a single-family residence with related improvements. The Subject Property is zoned R1 Single Family Residence and is bordered on all sides by the R1 District. She said the Subject Property has a rectangular shape and measures 10,700 square feet, which exceeds the minimum lot size required by zoning regulations (8,125 sq. ft.). The existing home is currently set back 29.47' from the east lot line, 17' from the south lot line, 7.96' from the north lot line, and approximately 96.53' from the west lot line. Ms. Connolly stated the Petitioner's request includes improvements to the existing one story home, which include a second story addition and a 2-story addition to the rear of the house. The unenclosed stone entryway measures 5'x8' and complies with the Zoning Ordinance's regulations for permitted encroachments in a required setback. However, the Petitioner proposes the second story addition maintain the existing 29.47' front setback, which encroaches slightly more than 6" into the required front yard. The proposed encroachment is not permitted per the Zoning Ordinance and the Petitioner is seeking Variation approval to construct the second story 6.4" into the required 30-foot front yard setback. Arlene Juracek, Chair Planning & Zoning Commission Meeting December 22, 2005 PZ-45-05 Page 2 Ms. Connolly said the existing home does not comply with the Village's zoning regulations because the house encroaches into the required front yard. In addition, the existing detached garage encroaches into the required side yard. However, these existing structures are legal nonconformities and are allowed to remain in their current locations. She stated the proposed second story addition requires relief from the R1 District's bulk regulations because it would encroach into the front yard setback. The project would be constructed according to all applicable Village Codes. Ms. Connolly summarized the standards for a Variation as listed the Village Zoning Ordinance. She said the Petitioner is proposing to expand the existing home to create additional living space. The Zoning Ordinance requires a 30-foot front yard for the Subject Property. However, the existing residence does not meet this requirement and the Petitioner would like to construct a second story addition at the existing 29.47' setback. She said the Petitioner met with Staff several times and scaled back the front encroachment as much as they felt was possible and would still allow them the additional space they were seeking. In addition, Ms. Connolly said the Building Commissioner reviewed the Petitioner's request and noted that the second story addition could be constructed in a manner that complied with the Village's zoning regulations. She stated staff also found that an alternative architectural design could be done that complied with the Village Code and a Variation would not be necessary. Ms. Connolly said staff researched the adjacent properties' setbacks and found that most houses are setback no less than 30' from the front property line. Consequently, the Petitioner's request would not be in keeping with the adjacent properties' setbacks. Ms. Connolly stated staff can appreciate the Petitioner's desire to improve their property; however, the request fails to meet the standards for a Variation because there is no hardship, as defined by the Zoning Ordinance, because the front setback and lot shape are typical of many lots in the Village. Ms. Connolly said in summary that although the Petitioner's request to maintain the existing front setback for the proposed second story addition may be an attractive enhancement to the house, the request does not meet the Variation standards contained in Section 14.203.C.9 of the Zoning Ordinance. Based on this analysis, Staff recommends that the Commission deny the following motion: "To approve a Variation to allow a 29.47' front yard for a second story addition, as shown on the Petitioner's site plan, for the residence at 516 Deborah Lane, Case No. PZ-45-05." Ms. Connolly reiterated the Planning & Zoning Commission's decision is final for this case because the amount of the Variation does not exceed 25% of the Zoning Ordinance requirement. Chairperson Juracek called for questions for Staff. Ronald Roberts asked for clarification on the current dimensions on the unenclosed stone porch. Ms. Connolly stated that the maximum dimensions allowed by Village Code is 5' x 8' and that the proposed unenclosed stone entry does comply with code. Keith Youngquist questioned the possibility of the petitioner adding a front porch, spanning the front of the structure. Ms. Connolly stated that while this is a possibility, it would require a Conditional Use. Mr. Youngquist then requested clarification on the plan modifications that had been made subsequent to the architect meeting with Staff. Ms. Connolly stated that the Petitioner modified plans to reduce the encroachment into the front yard. Chairperson Juracek then asked for clarification on the request being a Variation would mean the allowance stays with the property versus just this structure. Ms. Connolly verified the statement, but added that the Commission could approve the Variation with a condition, prohibiting future structures on the site from encroaching more than the 30' setback. There were no further questions for staff. At the direction of Chair Juracek, Wi slaw Kaszuba, 516 Deborah Lane, Mount Prospect, Illinois, and Alexkajetan Karski, 1399 Quaker Lane, Prospect Heights, Illinois, were sworn in. Mr. Karski thanked Staff for their Arlene Juracek, Chair Planning & Zoning Commission Meeting December 22, 2005 PZ-45-05 Page 3 presentation and said the architect was unable to attend this evening's meeting. Chairperson Juracek requested clarification from the petitioner; the plans had already been altered to move the second story back several times, what was the significance of this final six-inch setback. Mr. Karski stated that the final proposal is accommodating a foundation for structural soundness of the brickwork on the exterior of the home. Mr. Karski stated that the brick and stonework would be more aesthetically pleasing than the alternative siding. He continued that the brick and stonework requires a significant foundation, which is prompting the need for the setback Variation. Richard Rogers said that this is a fairly minor encroachment, however the Commission does not want to establish a precedent for these types of Variations. He was agreeable to allowing this Variation with a condition that it applies to the existing structure only. Joseph Donnelly asked if the Petitioner would be agreeable to such a condition. The Commission spent considerable time clarifying the limitations of the condition on future structures to the Petitioner. The Petitioner agreed to said condition. Chairperson Juracek asked ifthere were any further questions. Hearing none, the hearing was closed at 7:59 pm. Joseph Donnelly made a motion to approve the requested variation as submitted by the Petitioner, at 516 Deborah Lane, Case PZ-45-05, with the condition that the variation only applies to the existing structure. Richard Rogers seconded the motion. UPON ROLL CALL: AYES: Donnelly, Haaland, Roberts and Rogers NAYS: Youngquist and Juracek Motion was approved 4-2. After hearing 2 additional cases, Richard Rogers made a motion to adjourn at 9:09 pm, seconded by Joseph Donnelly. The motion was approved by a voice vote and the meeting was adjourned. Stacey Dunn, Community Development Secretary C:\Documents and Settings\kdewis\Local Settmgs\Tcmporary Internet Files\OLK2\PZ-4S~05 516 Deborah Lane Variation.doc