HomeMy WebLinkAbout06/22/2000 ZBA minutes 20-2000 MINUTES OF TIlE REGULAR MEETING OF THE
MOUNT PROSPECT ZONING BOARD OF APPEALS
· .~ASE NO. ZBA-20-2000 Hearing Date: June 22, 2000
PETITIONER: Steve Ziavelis
802 S. William St.
PUBLICATION DATE: June 7, 2000 D~tlLYIarERALD
REQUEST: Variation to permit a detached garage to encroach into a required sideyard
setback
MEMBERS PRESENT: Leo Floros
Elizabeth Luxem
Keith Youngquist
Arlene Juracek, Chairperson
M2EMBERS ABSENT: Merrill Cotten
Richard Rogers
STAFF 1VEEM2BERS PRESENT: Michael Blue, Deputy Director of Community Development
Judy Connolly, Senior Planner
12NTERESTED PART1-E,S: Steve & Marlo Siavelis
'hairperson Arlene Juracek called the meeting to order at 7:35 p.m. Minutes of the May 25, 2000 meeting were
approved. At 7:45, Ms. Juracek announced Case ZBA-20-2000, a request for a Variation to permit the construction of
a detached garage to encroach into a required sideyard setback.
Judy Counolly, Senior Planner, stating that notice had been provided in the form of a newspaper ad, mailed notices,
and a sign on the subject property. She described the petitioner's reasons for the proposed Variation to permit a
detached garage to encroach into a required sideyard setback. She said the petitioner wished to demolish his existing
garage and construct a new garage on the existing slab, which is 2.97' off the lot line. Current code requires a setback
5'. In order to construct the new garage, petitioner would need a Variation. She stated that the petitioner's motivation
for the request is to retain a brick wall and deck that couneets the garage to the house. This property is in flood plain;
however, the petitioner will not be changing the size or location of the garage so flood plain regulations do not apply.
Although the proposed Variation may not have a negative effect on neighborhood character, the submittal does not
support a finding of hardship, as required by the Variation standards in Section 14.203.C.9 of the Zoning Ordinance.
Based on these findings, Staff recommends that the ZBA recommend to the Village Board denial of the proposed
Variations to permit a detached garage to encreaeh approximately 2' into a required sideyard setbank. The Village
Board's decision is final for this ease.
Steve Siavelis was sworn in and testified his garage was badly deteriorated and needed to be replaced. He also stated
that the slab is in good condition and he planned to build the new garage on the old slab. He reiterated his desire to
keep the wood deck and brick fence connecting the garage to the house. He also stated that moving the:location of the
garage would make it impossible to,back-out without hitting the house.
Mr. FlOres asked if~he had built the original garage and Mr. Siavelis said that the garage was there when he had bought
the house. Mr. Floros a~ked how old the garage was and Mr. Siavelis responded that it was 25 - 30 years old: Mr.
Floros inquired if the neighbor, who is building a two-car garage, had any objections to his plans to replace the garage
in the same location. Mr; Siavelis said he did not.
oning Board of Appeals ZBA-20-2000
Arlene Juracek, Chairperson Page 2
Arlene Juracek explained that when staff makes their evaluation of petitioners' requests they must be careful that thc
criteria presents a true hardship as defined by code. She said she realized it would be an actual hardship for the
petitioner to relocate the garage. Ms. Juracek pointed out the petitioner's plan would be a straightforward one to one
replacement.
Mr. Floros said he agreed, that this case met the layman's definition of hardship and he saw no probtem with replacing
the garage.
Keith Youngquist said the property was very close to lot coverage and to move the garage back would increase the
amount of lot coverage. He said he concurred with other board member's comments.
Elizabeth Luxem made a motion to recommend approval of the request to permit a detached garage to encroach into a
required sideyard setback. Leo Floros seconded the motion.
UPON ROLL CALL: AYES: Floros, Luxem, Youngquist, and Juracek
NAYS: None
Motion was approved 4-0. The Village Board's decision is final for Case ZBA-20-2000.
At 8:15 p.m., Leo Floros made motion to adjourn, seconded by Keith Youngquist. The motion was approved by a
voice vote and the meeting was adjourned.
Barbara Swiatek, Planning Secretary
/futS~' Comfol y, Senior PIannery