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Home My WebLink About10/25/2007 P&Z minutes 34-07 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-34-07 Hearing Date: October 25, 2007 PROPERTY ADDRESS: 1406 Small Lane PETITIONER : Jeanette Wendel PUBLICATION DATE: August 8, 2007 PIN NUMBERS: 03-35-411-015-0000 REQUEST :Variation (setbacks) MEMBERS PRESENT: Joseph Donnelly, Acting Chair Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist MEMBERS ABSENT: Mary McCabe Richard Rogers STAFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director of Community Development INTERESTED PARTIES : Jeanette Wendel, Dan Gajewski Acting Chairman Joseph Donnelly called the meeting to order at 7:35 p.m. Keith Youngquist made a motion to approve the minutes of the September 27, 2007 meeting as corrected and Leo Floros seconded the motion. The minutes were approved 5-0. Mr. Youngquist made a motion to continue Case Number PZ-38-07 to the December 13, 2007 Planning and Zoning Commission meeting. Mr. Floros seconded the motion. The motion was approved 5-0. Acting Chair Donnelly re-introduced Case PZ-34-07, a request for Variation at 1406 Small Lane at 10:34 p.m. Judith Connolly, Senior Planner stated that the Petitioner extended the existing driveway and constructed a parking pad without the benefit of a permit. The parking pad was noticed by Village Inspectors during an inspection for another project at the Subject Property. When the Petitioner applied for a permit after the fact, it was determined that the existing pad did not meet zoning regulations and needed relief from lot coverage and setback requirements. She said the case was originally heard and continued from the September 27, 2007 Planning & Zoning meeting. Since that meeting, the Petitioner modified the request so the Subject Property complies with the 45% lot coverage limitation. However, the location of the parking pad would continue to encroach into the required setbacks, requiring Variation approval. Ms. Connolly said the Petitioner submitted a revised site plan that indicates existing pavement will be removed from the Subject Property in order to meet the 45% lot coverage limitation while keeping a portion of the parking pad. The size of the parking pad will be reduced to 17’ x 17.5’ and the front and side service walks would be removed to bring the site to 44.8% lot coverage. Ms. Connolly stated that the Subject Property does not comply the Village’s zoning regulations as a small portion of the house encroaches into the front setback slightly. Also, the patio shown on the Petitioner’s site plan is located in an 8-foot utility easement and encroaches into the required 7.5’ side yard. The existing parking pad is Joseph Donnelly, Acting Chairman PZ-34-07 II Planning & Zoning Commission Meeting October 25, 2007 Page 2 currently located in the rear easement, but the Petitioner proposes to reduce the size of the pad so the pad will no longer be in the easement. However, the parking pad is considered an accessory structure similar to a patio and cannot be located in the required 7.5’ side yard or the 15’ rear yard setback. Therefore, the proposed setbacks require Variation approval. She showed a table comparing the Petitioner’s proposal to the R1 Single Family Residence District’s bulk requirements. Ms. Connolly said the standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. She summarized these 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. Connolly stated that the Petitioner proposes to modify the parking pad so it will not be located in the rear easement. Portions of existing service walks will be removed so the site will not exceed the 45% lot coverage limitation. However, the request continues to be based on providing a convenience to the Petitioner rather than the pad’s location being based on a hardship as defined by the Zoning Ordinance: the parking pad is necessary to accommodate maneuvering multiple vehicles into the side loading garage and to accommodate storing seasonal recreational equipment. She said it appears the original driveway configuration was elongated to provide vehicles ease in maneuvering in to and out of the 2-car garage. The parking pad constructed by the Petitioner does not facilitate enter/exiting the garage but serves primarily as a storage area for vehicles and recreational vehicles. Therefore, the parking pad serves more of a convenience than allowing the Petitioner adequate access to/from the garage and its location does not meet the standards for granting a Variation. Ms. Connolly said the Variation request to allow a parking pad to encroach into the side and rear yards fails to meet the standards for a Variation contained in Section 14.203.C.9 of the Zoning Ordinance as the request is deny based on convenience and not a hardship. Based on this analysis, Staff recommends that the P&Z the following motion: "To approve a Variation to allow a parking pad with a 10-foot rear setback and a 1.67-foot side setback, as shown in the Petitioner’s revised exhibit, for the residence at 1406 Small Lane, Case Number PZ-34-07." Ms. Connolly stated that the Village Board’s decision is final for this case because the amount of the setback Variations exceeds 25% of the Zoning Ordinance requirement. Prior to Village Board review, Staff recommends that the Petitioner have a new plat of survey prepared as there are a number of improvements not reflected on the Petitioner’s plat of survey. Acting Chair Donnelly swore in Petitioners Jeanette Wendel and Dan Gajewski of 1406 Small Lane, Mount Prospect, Illinois. Ms. Wendel stated that in response to the Commission’s concern with lot coverage on the Subject Property, they propose removing 269 square feet of impervious surface to comply with lot coverage requirements. She said they do not request the Variation for the purpose of vehicle storage on the parking pad, but to allow for vehicle maneuvering in and out of the side loading garage. She stated that her neighbors support the parking pad on the Subject Property. Ms. Wendel stated that she believes she has complied with everything discussed at the previous Commission meeting by removing part of the pad out of the easement and by reducing the amount of lot coverage. She said that the service walks to be removed will not be a detriment to the appearance of the Subject Property. oseph Donnelly, Acting Chairman PZ-34-07 II Planning & Zoning Commission Meeting October 25, 2007 Page 3 Acting Chair Donnelly asked if the neighbors closest to the driveway and parking pad are in favor of the project. Ms. Wendel said the letters submitted to the Commission did include supportive letters from the neighbors closest to the parking pad. Mr. Youngquist said it appears the Petitioner did try to comply with the suggestions from the previous meeting. He said he does agree with Staff in suggesting they obtain a current Plat of Survey prior to going to Village Board. Ms. Wendel said she was not sure if the new Plat should be done before or after the proposed changes are completed. Ms. Connolly said Staff would like to see an updated Plat of Survey prior to this Case going to Village Board to ensure the lot coverage calculations are accurate. There was general discussion regarding the need for an additional Plat of Survey once the work is completed. Mr. Floros concurred that the Petitioner has made a good-faith effort in complying with the suggested changes and supports the request. Mr. Youngquist made a motion to approve a Variation for setbacks at 1406 Small Lane with the condition that the Petitioner obtain a current Plat of Survey prior to appearing before the Village Board. Marlys Haaland seconded the motion. UPON ROLL CALL: AYES: Floros, Haaland, Richards, Youngquist, Donnelly NAYS: None Motion was approved 5-0. After hearing one additional case, Leo Floros made a motion to adjourn 8:35 p.m., seconded by Keith Youngquist. The motion was approved by a voice vote and the meeting was adjourned. ________________________________________ Stacey Dunn, Community Development Administrative Assistant C:\Documents and Settings\kdewis\Local Settings\Temporary Internet Files\OLK6B\PZ-34-07 1406 Small Lane- II.doc