HomeMy WebLinkAbout10.3 PZ-07-20 / 215 Can Dota Avenue / 1st reading of an ORDINANCE GRANTINGItem Cover Page
Subject PZ -07-20 / 215 Can Dota Avenue / 1st reading of
an ORDINANCE GRANTING A VARIATION TO THE
SIDE YARD SETBACK FOR THE PROPERTY
LOCATED AT 215 CAN DOTA AVENUE
Meeting July 7, 2020 - REGULAR MEETING OF THE MOUNT PROSPECT
VILLAGE BOARD -
Fiscal Impact fa I se
'C..a teg o ry NEW BUSINESS
Type Action Item
Information
The Peoner, Megan Bennett, proposes to construct a new., larger attached two
car garage in place of an existing attached one car garage. The primary structure
currently has an existing 9' 4" setback, with a 7' 6" required side yard setback pe
the R-1 Single Family Residential zoning district regulations. The proposal would
encroach into the required interior side yard setback by five feet (5")., resulting in
a two and a half foot (2.5*) proposed setback. The table below outlines the
existing and proposed bulk regulations to the R-1 Single Family Residential
District:
Bulk
Requirements
R-1 Code
Requirements
Existing
Proposed
Structure Setback
..............
Front (W)
Min. 30'
30.35'
No Change
Interior Side (N)
Min. 7.5'
9.4'
2.'
Interior Side (S)
Min. 7.5'
7.9'
No Change
Rear (E)
Min. 251
61.6'
No Change
Lot Coverage
Max. 45%
35.1%
35.7%
FAR
Max. 0.5
0.21
0.22
In reviewing this request, staff analyzed the surrounding neighborhood to
1
constructdetermine if the Subject property was unique. Of the twelve nearby properties
researched, four have existing non -conforming side yard setbacks, however those
four are inches within setback compliance. It should be noted the Petitioner may
. detached garage in the rearby permit approval,and avoid creating
any non -conformity. This concept would create significantly more lot coverage and
potentially create more drainage concerns than the proposed expanded garage
approach.
Staff has received five letters of support for the variation request, including the
#wner of the neighboring property which would be most affected by the setback
;tncroachment (213 Can Dota Avenue).
1 Planning ZoningCommission hearing on - - Commission
Maintenancerecommended approval of the Petitioner's request for variation by a vote of 4-3.
Top concerns of the request included:
Drainage at the property line to the north
• Downspout location given the grade of the property (sloped west to east)
• Flooding impacts of the Subject Property and surrounding properties
•
! • • . . sat the property line
The Petitioner is requestingi i i
In addition,! more inquirieson . variations relating•
txpanding • - car garages • car garages.
Although_ initial recommendation to the Planningl Zoning Commission
to deny the request, review of the discussion and issues related to this case
results in a request that can be supported by - petitioner has indicated
the proposed grading would mitigate concerns of drainage for the site and has
provided letters of pr• from • ring property owners. Staff has also
determined that expansion of the garage is in-line with the Village's Strategic Plan
goal of upgrading current housing stock as suggested in our single family
reinvestment plan.
2
Alternatives
1. Approve the variation'•, • allow . two and . half foot• •'' setback for
the Subject Property, also known as 215 Can Dota Avenue, as shown on the plans created
by Distinctive Home Renovations, Inc., dated March 18, 2020, subject to the condition
below:
If at any time in the future it is determined that the proposed garage addition
is obstructing • of water,or diverting water • ! the neighboring
property, it shall be the property owner's sole responsibility to address to the
satisfaction of the Village.
2. Action at discretion of the VillageBoard.
Staff Recommendation
Staff recommends that the Vil.! Board approve the request•! . variation to
allow a two and a half foot (2.5') side yard setback for 215 Can Dota Avenue, a
shown on the plans created by Distinctive Home Renovations, Inc., dated Marc
i 2020.
ATTACH M E NTS:
Administrative Content.pdf
Letters of Support. pdf
Plans.pdf
Minutes. pdf
Waive 2nd Meeting Request.pdf
Ordinance - variation side yard setback 215 Can Dota. pdf
Su pplemental_Information7_1. pdf
V?
VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056
STAFF REPORT FROM THE DEPARTMENT OF Community Development
------------------------- --------------- - I ---------------------------------- -------------
William J. Cooney, AICP Connor Harmon
Director of Community Development Development Planner
DATE: June 4th, 2020
CASE NUMBER APPLICANT/PROPERTY OWNER
PZ -07-20 Megan Bennett
PUBLIC HEARING DATE
June 11, 2020
BRIEF SUMMARY OF REQUEST
PROPERTY ADDRESS/LOCATION
215 Can Dota Avenue
The Petitioner is seeking variation to the required side yard setback at 215 Can Dota Avenue (Subject
Property) to construct a two car attached garage with related improvements.
2017 Aerial Image
EXISTING EXISTING LAND USE/SITE
ZONING IMPROVEMENTS
R-1 Single Family Detached Single Family
Residential Residential
APPROVE
2020 Village, of Mount Prospect Zoning Map
.. . . ..... .
SURROUNDING ZONING & LAND USE SIZE OF
North: R-1 Single Family Residential PROPERTY
East: R -A Single Family Residential 0.26 Acres
South: R-1 Single Family Residential
West: R-1 Single Family Residential
STAFF RECOMMENDATION
APPROVE WITH CONDITIONS
k DEN
11
0
BACKGROUND/PROPERTY HISTORY
The Subject Property was annexed into the Village in 1925, with subsequent building permits issued for
improvements to the property since, including an addition to the home in 1999 and construction of a new
shed in 2003.
PROPOSAL
The Petitioner proposes to construct a two car attached garage in place of an existing one car attached
garage on the principle structure. The property currently has a seven and a half foot (7.5') required side yard
setback per the R-1 Single Family Residential zoning district. The proposal would encroach into the required
interior side yard setback by five feet (5'), resulting in a two and a half foot (2.5') proposed setback. A
variation to deviate from the current setback standards set forth in the R-1 Single Family Residential section
of the Village Code is required. The table below outlines the existing and proposed bulk regulations to the R-
I Single Family Residential district:
VARIATION STANDARDS
The standards for a variation are listed in Section 14.203.0.9 of the Village Zoning Ordinance and include
seven specific findings that must be made in order to approve a variation. The following list is a summary of
these findings:
• 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
0 Protection of the public welfare, other property, and neighborhood character.
Per the Petitioner, drainage on the subject property as well as neighboring properties creates considerable
flooding concerns as is, and constructing a detached garage and accompanying driveway instead of an
addition to the existing attached garage would worsen the situation. Similarly, the Petitioner considered
several alternatives to the proposal, and states that all alternatives create significant impervious surface
increases that would increase flooding concerns. The Petitioner further states that they would like to
2
R-1 Code
Bulk Requirements
Existing Proposed
Requirements
Structure Setback
. .........
Front (W)
Min. 30'
30.35' No change
Interior Side (N)
Min. 7.5'
9.4"
2.51
Interior Side (S)
Min. 7.5'
7.9'
No change
Rear (E)
Min. 25'
. .............. 61.6'
. ..................
No change
Lot Coverage
Max. 45%
35.1%
35.7%
FAR
Max. 0.5
0.21
0.22
VARIATION STANDARDS
The standards for a variation are listed in Section 14.203.0.9 of the Village Zoning Ordinance and include
seven specific findings that must be made in order to approve a variation. The following list is a summary of
these findings:
• 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
0 Protection of the public welfare, other property, and neighborhood character.
Per the Petitioner, drainage on the subject property as well as neighboring properties creates considerable
flooding concerns as is, and constructing a detached garage and accompanying driveway instead of an
addition to the existing attached garage would worsen the situation. Similarly, the Petitioner considered
several alternatives to the proposal, and states that all alternatives create significant impervious surface
increases that would increase flooding concerns. The Petitioner further states that they would like to
2
protect the open, green area in their back yard for aesthetic and recreation purposes. The Petitioner
provided five letters of support for the variation request, including the owner of the neighboring property
which would be most affected by the setback encroachment (213 Can Dota Avenue).
In reviewing this request, staff analyzed the surrounding neighborhood to determine if the Subject property
was unique. Of the twelve properties (on the same block and one block north of the Subject Property that
are zoned R-1) researched near the Subject Property, seven have lot widths between seventy and seventy
five and a half feet (70' and 75 Y2'), including the properties adjacent to the Subject Property. Three
properties have lot widths of sixty five feet (55'), and two properties, which are corner lots, have lot widths
of eighty feet (80'). Of those twelve properties, four are existing non -conforming,, with each setback non-
conformity being inches within setback compliance. The Petitioner may construct a detached garage in the
rear by permit approval, and avoid creating any non -conformity. Additionally, If a fence were erected on the
property via permit approval, maintaining the two and a half feet (2.5') of pervious surface would prove
difficult.
The Public Works Department has determined the variation request could compromise drainage at the
property lines for the Subject Property and surrounding properties. The existing drainage patterns are from
west to east, along the side yard. A flow path is needed in the side yard to ensure the flow of water is
maintainable, and reducing the path to two and a half feet (2.5'), including a one foot (1') eave that comes
within eighteen inches of the property line, could compromise the drainage flow. Typically, a minimum of
five feet (5') is desired. There also does not appear to be any way for downspouts to be installed that would
comply with applicable Village Codes based on the variation request. All downspouts are to discharge at
least five feet (5') from any property line, within five feet (5') of the foundation, and must be directed
toward the front or back.
Staff finds that the standards for variation have not been met. Based on these findings, staff recommends that
the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning
and Zoning Commission and recommend denial of the following motion:
1. A variation to allow a two and a half foot (2.5') side yard setback for 215 Can Dota Avenue, as shown
on plans created by Distinctive Home Renovations, Inc., dated March 18, 2020.
The Village Board's decision is final for this case.
ATTACHMENTS: ADMINISTRATIVE CONTENT PLANS OTHER
(Supplemental Information,
(Zoning Request Application, Responses to (Plat of Survey, Site Plan, etc.) Public Comments Received,
Standards, etc,,,,,,) etc...)
3
0
Village of Mount Prospect
ommunity Development Department
. Emerson Street
mount Prospect, Illinois 60056
Phone: (847) 818-5328
..ng Request Application
Official Use Only (To be comp,bete d, by Village Staff)
Case Number: P&Z - Date of Submission: Hearing Date:
Project Name/Address:
. . . . . ..........
1. Subject Property
Add ress(es):
1W"T t
Zoning District(s): P roperty Area (S q Ft a n d/o r Acreage}:
Parcel Index Number(s) (PIN (s):
11. Zoning Request(s) (Check all that apply)
El Conditional Use: For,
JgVariation(s),- To
NOW— wmw
❑
Zoning Map Amendment: Rezone From To
r_1 Zoning Text Amendment: Section(s)
❑Other:
".pplicant (all correspondence will be sent to the applicant) . . . . .
Name:
;t� ;. �'nnxr'441_1 Corporation:
Address: _S
4XviA
City, State, ZIP Code: K) (VA
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Phone:
Email:
Interest in Property: bwyTr
(e.g. owner, buyer, developer, lessee, architect, etc...
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IN
V. Property Owner
heck if Same as Applicant
Name: Corporation:
City, State, ZIP Code,:
Phone: Email:
In consideration of the information contained in this petition as well as all supporting documentation, it is
requested that approval be given to this request. The applicant is the owner or authorized representative of the
owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount
Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of
the subject property. 11
I hereby affirm that all information provided herein and in all materials submitted in association with this
application are true and accurate to the best of, m knowledge,
Date:
AAA
pplicant:
........ ...
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XI
(Print Type Name)
If applicant is not property owner:
I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this
application and the associated supporting material.
Property Owner: Date,:
(Signature)
(Print or Type Name)
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Affidavit of Ownership
STATE OF ILLINOIS
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�an owner of the property
1:11 an authorized officer for the owner of the property
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(property address and PIN)
and that such property is owned by 'Ikoi
Subscribed and sworn to before
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(print name)
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Letter of Intent
Proposal Summarizing Request for Variance
215 S. Can Dota AvenggMount Prospg�&J_L_60056
We are Edward and Megan Bennett and we own the house at 215 S. Can Dota Avenue.
Megan grew up inArlington Heights and spent many years playing sports in and around Mount
Prospect. All of Megan's family still resides in the area. Ed 'is an Army veteran and originally
from New York. We've owned our home for nearly two years and love the neighborhood.
However, as our family grows so does our need for space.
This Letter of Intent summarizes our proposal for our request for variance to the side
yard setback requirement. Our intention is to widen our existing garage to accommodate two
cars. The proposed new garage is 22.5 feet wide. Based on the current zoning, the side yard
setback requirement is 7.5 feet (not more than 10% of the lot width). In an effort to provide
greater setback between the house on the north side of the proposed new garage, we are
Our planned design protects the integrity of our neighborhood's character and does not
create any hazards or harm to the surrounding properties. We have openly discussed our plans
with our neighbors and have been met with enthusiasm and their support. To evidence this, we
have four letters from our bordering neighbors, including the owner ofthe house directly north
expressing their endorsement.
We have considered several alternatives to try and stay within the code. The options
include:
1. Rear detached garage on the north side of the property
2. Rear detached garage on the south side of the property
3. Attached garage on the south side of the property
Each of these alternatives have significant adverse effects that made them not viable solution
for us, our neighbors, nor the environment. Below summarizes these impacts: i
a. Creates 11620 square feet of impervious area for both the lengthy driveway and two -car
garage. During heavy rains, there is already considerable flooding in the northeast
corner of our backyard (impacting 210 and 212 S. WaPella homes). Adding this volume
of rigid concrete will worsen the drainage situation as there is a larger structure in place
of the existing shed and the driveway will act as a dam to block drainage flow in the
north/south direction.
b. Reduces the natural light and ventilation of our neighbor's rear yards
c. Reduces security for our family and our neighborhood's properties
d. Would require the existing garage to be converted to living space
e. Estimated cost: $1311000
13
Alternative #2
a. Same impacts as alternative #1, plus
f. The site is also in a position with near alignment with Milbum Avenue. As such, a
proposed driveway on this side put maneuvering vehicles at a disadvantage and would
require visibility in three (3) directions.
g. Building a garage in this location tremendously disrupts the natural flow and openness
of the ours and our neighbor's backyards. Currently, it is unimposing and a place where
many of the neighborhood cWildren run and play as if it it's one large "football fieW.
This garage would impede on that atmosphere.
h. Estimated cost.s,$141,000
Afternative #3
a. Same impact as "e" above
b. Requires complete re -design of the interior of the house as all bedrooms are currentl
situated on the south side of the house. We would need to re -locate the mudroom an
garage entry wayto create a flow that made sense inside the home.
c. Estimated cost: >$1801,1000 (includes restoration of the north side of house)
Furthermore, upon visual inspection, over 50% of the homes on Can Dota Avenue have
2 -car garages, suggesting that 2 -car garages are important and will continue to be important to
families [on the future. We are expecting our first child thi's Summer, both plan to be working
parents where two cars will be important, and intendto live and invest in this home for many
years to come. The improvements include adding a traditional master:bed room, master
bathroom, and enhancing the patio. Granting this variance will allow us to deeply invest in our
home and create a long-term investment for Mount Prospect. We will not increase our persona
financial weafthl but know this will improve the overall property value and neighborhood value
A" M
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Ed and Megan Bennett
oeo-
#0 100
14
Variation - A variation from the zoning regulations shall not be granted or recommended for
approval by the Planning and Zoning Commission unless findings of fact based on evidence are
V.0
made in each specific case that affirm the following standards:
1. Because of the particular physical surroundings, shape, or topographical conditions of
the specific property involved, a specific hardship to the owner would result, as
distinguished from a mere inconvenience if the strict letter of the regulations was to be
applied;
If the regulation was to be applied, then we would be forced to lay a concrete driveway,
either on the north or south side of the house, extending into the backyard towards a
rear -detached garage. If positioned on the north side, the current drainage situation
would worsen. Currently, any moderate -to -heavy rainfall createssignificant pooling of
water on the northeast side of our backyard, creating increased risk of mold, root decay,
structural damage to our shed and the neighbors shed, and erosion to name a few.
These issues will only exacerbate if steps are not taken to mitigate them.
If we positioned the detached garage on the south side, we would create a dangerous
sight -risk as drivers backing out would be backing out into a T -intersection (Can Data
and Milburn), vs. just north/south traffic from Can Dota Avenue.
The safest and most environmentally friend/v way to expand our garage would be to
widen our existing one.
2. The conditions upon which an application for a variation are based are unique to the
property for which the variation is sought and are not generally applicable to other
property within the same zoning classification;
The current drainage conditions on the northside of our home and backyard are in poor
condition. Granting this variance would allow us the opportunity to address and reverse
many of these factors, bringing safer and more environmentally friendly conditions to our
neighborhood.
Another factor to consider is that we live at an intersection (Can Dota and Milburn
Avenues) which creates additional traffic and hazards for someone reversing on the
south side of our home (if we were to place a rear detached garage on the south side of
the house).
3. The purpose of the variation is not based primarily upon a desire to increase financial
gain;
We will not gain any financial benefit. We are not using this additional space for
commercial purposes. Our motivation is strictly to improve the property,
15
-surrounding neighborhood� and to ensure Mount Prospect continues to be a desirable
place to settle and raise their families.
4. The alleged difficulty or hardship is caused by this Chapter and has not been created by
any person presently having an interest in the property;
We have not changed anything about the property to have created this situation. We are
trying to improve the situation in which we bought the property.
5. The granting of the variation will not be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located;
We have obtained letters of support from our neighbors, including the ones directly
impacted atCan Dota Avenue. Our plans will not create any dangers nor risks ttl
public health or welfare. Furthermore, our plans include purposeful designs to improve
the poor current drainage situation. If anything, our neighborhood will be better off after
our improvements are made.
6. The granting of the variation will not alter the essential character of the neighborhood;
and
Our architectural plans preserve the character of the neighborhood and the current style
of homes surrounding us. Please see our design plans,, herein.
7. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets, or increase the
danger of fire, or impair natural drainage or create drainage problems on adjacent
properties, or endanger the public safety, or substantially diminish or impair property
Currently, our backyard and that of four other homes backs up together to create one
large open field of play yard. Allowing our proposed variation will protect the openness
and current aesthetic of backyards. There will be no detrimental impact to light or air
supply and no impact whatsoever to the street congestion or public safety. As noted
above, our drainage situation will actually improve and be a welcomed and valuable
benefit to us and the neighbors currently affected by standing rainwater.
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SURVEY NUMBER: 1805.5166
LOT 54 IN ALFINI'S flR,5T ADDITION TO MOUNT PR05Pff_CT BEING A SUBDIVISION OF PART OF
T11F SOUTH 990 FEET Of THE WEST 1/2 OF ThE NIORTdFAST 1/4 AND PART OF THE SOUTH 090
f=FET Of THE EAST 112 Of THE NORTHWE5T 1/4 Of SECTION 1 1, TOWN15HIP 41 NORTH, KANGE
1 1, EAST Of THE THIRD f:'RINCIrAL MEKIDIAN, ACCOKDING TO THE f;'LAT THEREOF REG15TLKED
IN THE OfffICff Of= THE REG15TRAK Off TITLE5 Of: COOr,,, COUNTY, ILLIN015 ON DECEMBER 2
. 953 AS DOCUMENT NO, 149G555 IN COOK COUNTY, ILLIN015. I
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GRAPHIC SCALE (In Feet)
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COUNTY OF DuPAGE
THIS ISTOCERTIFY' THAT TH15 I`K0fE55I0NAL5ERVICf CQNI`0KMS
TO THE CURRENT ILLIN015 MINIMUM STANDARDS FOR, A E30UNARY'
SUKVEY. GIVEN UNDER MY HAND AND SEAL TH15 GTH [)AY Of
JUNE, 2071 a xr 3 12 5 HA 5TREEr IN WHEATON, IL CO 157.
Z-oki
ILLIM015 FROFESI.A4AL LAND SURVEYOR No. 297 1
UCENSE EXPIPE5 I 130/2018
EXACTA LAND SURVEYOR5 L5# 5793
17
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LOT 54 IN ALFINI'S FIRST ADDITION TO MOUNT PROSPECT BEING A SUBDIVISION OF
PART OF THE SOUTH 990 FEET OF THE WEST/20F THE NORTHEAST �/4 AND PART OF
THE SOUTH 990 FEET OF THE EAST Y2 OF THE NORTHWEST 1/40F SECTION 11,
TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR
OF TITLES OF COOK COUNTY, ILLINOIS ON DECEMBER 2, 1953 AS DOCUMENT NO.
1496955 IN COOK COUNTY, ILLINOIS.
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March 27, 2020
To the Mount Prospect Zoning Board
We are Brad and Laura Traviolia at 218 S Wa Pella and live behind Ed and Megan Bennett. We
are writing this letter to show our support of Ed and Megan Bennett's intent to widen their
garage to fit two cars. Since they moved in last Summer, they have been great neighbors. They
are respectful, inclusive, and we can tell care about us and the neighborhood. We believe
having a 2 -car garage will increase the value of their home, our neighborhood and would be a
strong investment. Their proposed project benefits the community without affecting anyone's
use of property or interfering with the view of our backyard space. It's important to note that
the 5-6 houses whose backyards back into each other are all open, without fences. Preserving
this openness is important so we would prefer that Ed and Megan simply widen their garage vs.
opting for a detached rear garage.
Thank youl
M
Brad and Laura Traviolia
19
March 27, 2020
To the Mount Prospect Zoning Board
We are Jerry and Kathy Thiel at 219 South Can Dota Ave. We are neighbors with Ed and Megan
Bennett as we also own the home right next door to them at 213 South Can Dota Avenue (our
daughter is currently living in the home). We have known them for just over a year since they
moved in last Summer, and it has been an absolute pleasure getting to know them. They are
very committed to our neighborhood and taking care of us. By way of example, they kept our
driveway and sidewalk clear of snow, have cooked meals for us, and invited us to their family
gatherings. We have discussed their desire to widen their garage and feel that it would benefit
their family and improve the value of the overall neighborhood. Furthermore, it would not
impede on the living situation at 213 South Can Dota and as such, we are in support of their
proposed project.
Thank you,
r
Jerry and Kathy Thiel
20
March 27, 2020
To the Mount Prospect Zoning Board
We, Brad and Libby Bullock, have lived at 214 South Wa Pella with our four kids for 11 years.
Our backyard backs up to Ed and Megan's backyard. With the exception of one house, all the
homes in our vicinity have an open concept yard, meaning no fences or large obstructions.
Growing up, our kids played freely amongst all these yards, creating what felt like a football field
in which to throw a football and run around. The openness creates strong community and a sense
of a social/neighborly atmosphere where impromptu gatherings and BBQs are not infrequent!
We are in support of improvements that increase neighboring home values without taking away
from the aesthetics of the neighborhood or infringe upon a neighbor's property use. And we
believe the proposal to widen their 1 -car garage would bring this economic benefit to the
community and would not hinder the view of our backyard.
Furthermore, Ed and Megan have proven to be kind, considerate neighbors and we support them
in this effort.
Thank you,
Brad and Libby Bullock
21
March 27, 2020
To the Mount Prospect Zoning Board
Ed and Megan have lived next door for just over a year, when they moved to the neighborhood
last Summer. They are two of the most hard working, young people we've met as they are
constantly making improvements to the interior of their home and have done an outstanding
job over the last couple months beautifying the landscaping around their home. They
continually watch over us and make sure we are safe and doing well. Taking care of their home
and the neighbors is something that is clearly important to them.
They have approached us about their intent to widen their existing garage structure and we are
in full support of this project because it will provide the necessary space for their family and will
increase the value of not only their home, but our surrounding community. Most of the houses
on our block have 2 -car garages and they should be able to benefit from that additional space
too. It does not impede on anyone's view nor day-to-day property use.
Tha4 you,
Bill and Maxine Bruso
22
March 27, 2020
To the Mount Prospect Zoning Board
Our names are Eric and Lori Caravello and we live at 212 5 Wa Pella Ave. behind Ed and Megan
Bennett. We are aware of their desire to expand their 1 -car garage to a 2- car garage and are
writing to show our support. Not only will this create value to their home, it will improve the
value of the neighborhood that is in the need of more homes with 2 -car garages. It is a wise
investment to increase the number of houses with multiple car garages in Mount Prospect,
especially in cases like this where adding it would not affect the aesthetics or impede on
property use. We believe widening the current structure with a detached garage in the rear of
their property would be intrusive to the open flow of the backyards in our area. Also, creating a
2"d driveway on the southside of their home would impair the village's ability to access the
utility lines, and would not look as pleasing visually.
Ed and Megan have been great neighbors and we support them in this project.
Thank you,
Eric and Lori Caravello
23
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MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ -07-20 Hearing Date: June 11., 2020
PROPERTY ADDRESS:
215 Can Dota Avenue
PETITIONER.,
Megan Bennett
PUBLICATION DATE:
May 27, 2020
REQUEST:
VAR: Side Yard Setback
MEMBERS PRESENT:
Joseph Donnelly
Sharon Otteman
William Beattie
Agostino Filippone
Walter Szymczak
Thomas Fitzgerald
Norbert Mizwicki
MEMBERS ABSENT:
Lisa Griffin
STAFF MEMBERS PRESENT Connor Harmon — Development Planner
William J. Cooney,, AlCP — Director of Community
Development 11
INTERESTED PARTIES: Megan Bennett., Ed Bennett
Chairman Donnelly called the meeting to order at 7:01 pm. Commissioner Beattie made a motion
seconded by Commissioner Fillippone to approve the minutes from the Planning and Zoning
Commission meetings on March 12, 2020. The minutes were approved 5-0, with Commissioner Filippone
and Commissioner Szyzczak abstaining. Chairman Donnelly introduced case number,, PZ -07-20 215 Can
Dota Avenue as a Variation to the side yard setback. This case is Village Board final.
Mr. Harmon gave a brief description and overview of the Subject Property and explained the Petitioners
proposal to encroach 5' into the required side yard setback resulting in a 2.5' setback. Mr. Harmon
stated that staff is not supportive of the request, and feels that the request does not meet the standards
for variation as set forth by the Village Code. Mr. Harmon stated that the case is Village Board final.
Commissioner Beattie asked if there were any drainage concerns from the Public Works Department.
Mr. Harmon stated that a 5' flow path is preferred from Public Works, and with this request, only a 2.5'
flow path is proposed.
There was some general discussion of where the Subject Properties house is in comparison to the
neighbor to the north, and if the neighbors are supportive of this variation request.
Planning & Zoning Commission Meeting -June 11, 2020
Joseph Donnelly, Chair
PZ -07-20
27
2
Mr. Harmon stated that the houses are roughly 9' apart, and that the lot size of the Subject Property is
75'. There was some additional discussion about text amendment changes related to setbacks, and if
that applies to this property, and alternatives to encroaching into the setback to be complaint with
Village Code.
Chairman Donnelly swore in Megan Bennett (Petitioner) and Ed Bennett, 215 Can Dota Avenue.
The Petitioner explained the reasoning behind her variation request, and went through three alterative
scenarios to her request, and stated that the variation request represents the best overall outcome in
constructing a two car garage. The Petitioner also stated that several neighbors are supportive of the
project.
There was some further discussion on drainage in the nearby area and downspouts on the property.,
Chairman Donnelly swore in Gerald Milligan,. 738 E. Dundee Road, Palatine, IL. Mr. Milligan is the
architect of the project.
Mr. Milligan stated downspout and grading concerns and how the site plan, as proposed, would mitigate
those issues.
Mr. Bennett stated that a similar variation request was recommended for approval and later approved
by the Village Board at 108 S. George Street.
Chairman Donnelly swore in Maxine Bruso, 217 Can Dota Avenue.
Ms. Bruso explained the history of the neighborhood and her support for the project.
Mr. Bennett further stated the need for the variation request to update his property and desire to invest
in Mount Prospect.
Hearing no further comments Chairman Donnelly closed the hearing and asked for a motion.
Commissioner Beattie made a motion seconded by Commissioner Filippone to approve the following
motion:
1. A variation to allow a two and a half foot (2.5") side yard setback for 215 Can Dota Avenue, as
shown on plans created by Distinctive Home Renovations, Inc., dated March 18, 2020.
There was Commission discussion relating to the variation being the best possible outcome given the
nature of the lot from a drainage perspective. There was also discussion relating to the neighboring
residents' support of the project.
UPON ROLL CALL AYES: Otteman., Beattie, Mizwicki, Donnelly
NAYS: Fitzgerald, Filippone, Szymczak
The motion was approved 4-3 with a positive recommendation to the Village Board.
Planning & Zoning Commission Meeting- June 11, 2020
Joseph Donnelly, Chair
PZ -07-20
W
After hearing two additional cases, Commissioner Mizwicki made a motion seconded by Commissioner
Otteman and the meeting was adjourned at 8:16 pm.
Connor Harmon
Development Planner
Planning & Zoning Commission Meeting- June 11, 2020
Joseph Donnelly, Chair
PZ -07-20
M
June 19, 2020
William I Cooney, AICA`
Director of Community Development
Village of Mount Prospect
50 S. Emerson Street
Mount Prospect IL 60056
or
Via fax: 847/818-5329
or
Via email: bcooney@mountprospect-org
-
Dear Mr. COOne`Y,
The Planning & Zoning Commission recommended approval of our request for variance
to the side yard setback requirement by a 4-3 vote. our request is scheduled to go before
Village Board for the ordinance's first reading on July 7, 2020.
We are requesting that the Village Board waive the second reading, tentatively scheduled
action at the July 7th meeting- for several reasons
for July 21, 2020, and take final
including: ighbors,, 'Including the owners of 213 S. Can Dota
All of our surrounding ne portive as evidenced by the
Avenue whom would be most impacted, aP-
re fully su
five letters submitted with our application, as well as their presence at the
Planning and Zoning Meeting held on June 11, 2020.
Additional Village Building department reviews could push our Planning and
construction timeline into the Fall and would increase the difficulty Of
maintaining the integrity of the existing structure during potential Fall rains and
dropping temperatures. We would like to submit drawings for permit following
affirmative action.
- From a personal perspectivell we •are due with our first child at the beginning of
August and would prefer not to wait in case the baby comes early
We appreciate your assistance in facilitating this request. Should you have any questions,
feel free to contact us at mlbennett9317@gmail-com or 8,47-894-7467.
Sincerely,
Edward and Megan Bennett
215 S. Can Dota Avenue
Mount Prospect, IL 60056
30
ORDINANCE NO.
AN ORDINANCE GRANTING VARIATION TO THE SIDE YARD SETBACK FOR PROPERTY LOCATED
AT 215 CAN DOTH AVENUE, MOUNT PROSPECT, ILLINOIS
WHEREAS, Megan Bennett (Petitioners) have filed a petition for a variation to allow a two and a half foot (25)
side yard setback for property located at 215 Can Dota Avenue (Property) and legally described as:
LOT 54 IN ALFINI'S FIRST ADDITION TO MOUNT PROSPECT BEING A SUBDIVISION OF PART OF THE
SOUTH 990 FEET OF THE WEST 1/20F THE NORTHEAST �/4 AND PART OF THE SOUTH 990 FEET OF
THE EAST �/2 OF THE NORTHWEST �/4 OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF REGISTERED IN THE
OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS ON DECEMBER 2, 1953 AS
DOCUMENT NO. 1496955 IN COOK COUNTY, ILLINOIS
Property Index Number 08-11-210-014-0000; and
WHEREAS, the "Petitioner" seeks a variation to allow a two and a half foot (25) side yard setback to
construct a new attached two -car garage as shown on the Petitioner's Site Plan attached as Exhibit "A";
and
WHEREAS, a Public Hearing was held on the request for Variations being the subject of PZ -07-20 before the
Planning and Zoning Commission of the Village of Mount Prospect on the 11 th day of June 2020, pursuant to
proper legal notice having been published in the Daily Herald on the 27th day of May 2020; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the
Mayor and Board of Trustees to approve of the request being the subject of PZ -07-20; and
WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have given consideration to the
request herein and have determined that the request meets the standards of the Village and that the granting
of variation to allow a two and a half foot (2.5') side yard setback would be in the best interest of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE
POWERS:
SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the Mayor and
Board of Trustees of the Village of Mount Prospect.
SECTION TWO: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby grant a
Variation to allow a two and a half foot (2.5') side yard setback for the property located at 215 Can Dota
Avenue as shown on the Petitioner's site plan dated March 18, 2020 attached as Exhibit "A," subject to the
following condition:
1. Should it be determined, at any time in the future, that the proposed garage addition is obstructing
the flow of water or diverting water onto the neighboring property, it shall be the property owner's
sole responsibility to address to the satisfaction of the Village
SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this
Ordinance and Exhibit "A" with the Recorder of Deeds of Cook County.
SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and
publication in in the manner provided by law.
AYES:
31
Page 2 of 2
PZ 07-20 215 Can Dota
NAYS:
ABSENT:
PASSED and APPROVED this day of June, 2020.
Arlene A. Juracek, Mayor
ATTEST:
Karen M. Agoranos
Village Clerk
32
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