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HomeMy WebLinkAbout10/26/2000 ZBA minutes 36-2000 MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CASE NO. ZBA-36-2000 Hearing Date: October 26, 2000 PETITIONER: Kevin & Julie Anderson PUBLICATION DATE: October 11, 2000 JOURNAL/TOPICS REQUEST: Conditional use to allow construction of an unenclosed porch addition within 25' of the front property line MEMBERS PRESENT: Merrill Cotten Hal Ettinger Leo Floros Elizabeth Luxem Keith Youngquist Arlene Juracek, Chairperson MEMBERS ABSENT: Richard Rogers STAFF MEMBERS PRESENT: Michael Blue, AICP, Deputy Director of Community Development Judy Connolly, AICP, Senior Planner INTERESTED PARTIES: Mr. & Mrs. Kevin Anderson Richard Hendricks Chairperson Arlene Juracek called the meeting to order at 7:35 p.m. Elizabeth Luxem made a motion to approve the minutes of the September 14 meeting, seconded by Keith Youngquist. Chairperson Arlene Juracek made a correction to the minutes of the ZBA-26-2000 case. Elizabeth Luxem made a motion to approve the corrected ZBA-26-2000 minutes and the minutes of the ZBA-33-2000 case, Leo Floros seconded the motion, and the minutes were unanimously approved. At 8:01, Ms. Juracek opened Case ZBA-36-2000, a request for a conditional use to allow construction of an unenclosed porch addition within 25' of the front property line. Judy Connolly, Senior Planner, stated that public notice had been given and introduced the staff memorandum for the item, a conditional use to construct an unenclosed front porch and said the case would be Village Board final. Ms. Connolly said that the subject property is an existing home located on an interior lot on a single-family residential street. The home is currently set back 30.05-feet from the front lot line. The applicants propose to construct a 5'x19' unenclosed porch along a portion of the front of the house. The porch would be attached to the front of the existing home and set back 25-feet from the front property line. The petitioners are adding a second story addition and the porch will create a unified look to the residence. As with other conditional use requests for a porch, the petitioners feel that the proposed addition will enhance the home and add a desirable feature to the structure. Ms. Connolly reported that the subject parcel for the proposed conditional use is a 7,232.5 square foot parcel developed with a single family home. The applicant proposes a porch that extends 5-feet into the front setback. The proposal would have no negative impacts on the adjacent area, utility provision or public streets. The proposed conditional use will be in compliance with the Comprehensive Plan and the Zoning Ordinance requirements. The essential character of the neighborhood would not be affected by the proposed Conditional Use and it would not have any significant effect on the public welfare. Therefore, staff recommends that the ZBA make a recommendation to the Village Board to approve a conditional use for a covered, unenclosed porch to encroach five-feet into the required front setback for the residence at 617 N. Fairview, Case No. ZBA-36-2000. The Village Board's decision is final for this case. Zoning Board of Appeals ZBA-36-2000 Arlene Juracek, Chairperson Page 2 Kevin and Julie Anderson were sworn in and said they were adding a second story and wanted to include an enclosed front porch on the first floor to protect the front entrance and windows. Hal Ettinger pointed out that the second level of the home juts out and is already less than 30' from the property line. Ms. Anderson agreed that the right side of the second story juts out two feet from the existing structure, but the foundation does not encroach into the setback. Ms. Anderson said the plans had been designed to have the second floor jut out and the porch jut out beyond the second floor to give a three dimensional look to the house. Chairperson Juracek said the nature of the case had now changed, a variation and a conditional use would be required for this project. Ms. Anderson said they had an approved permit to build the second story as it was, and had begun construction (except for the porch). Mr. Blue, Deputy Director of Community Development, apologized for the confusion and said staff would need to discuss this with the Building Division to determine their interpretation of this issue and whether the variation would be necessary at a future date. Mr. Ettinger pointed out that the contractor and petitioner were waiting for a decision so they could continue with construction. Ms. Juracek asked if the Board could discuss and make their recommendation on the conditional use and would handle a variation request at a future meeting if necessary. Staff and petitioner agreed. Richard Hendricks, a resident of Twin Lakes, Wisconsin (196 Christie Lane), was sworn in and complimented Hal Ettinger on being very articulate and bringing this discrepancy to the attention of the Board. Ms. Juracek asked for a motion to approve the conditional use. Leo Floros made a motion to recommend approval to the request for a conditional use to allow construction of an unenclosed porch addition within 25' of the front property line. Keith Youngquist seconded the motion. Ms. Juracek asked if there was any discussion on the conditional use request. Merrill Cotten said he felt it best to approve the variation and conditional use for the enclosed porch on the property, rather than ask the petitioner to come back. Mr. Blue said that state statutes require that the variation receive proper public notice before the variation case could be heard. Ms. Juracek asked for a vote on the motion already before the Board to recommend approval of the conditional use. UPON ROLL CALL: AYES: Cotten, Ettinger, Floros, Luxem, Youngquist, and Juracek NAYS: None Motion was approved 6-0. At 9:44 p.m., Hal Ettinger made motion to adjourn, seconded by Merrill Cotten. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Judy Connolly, Senior Planner \\VH\V02\DEPT\COMDEV\GEN\PLNG\ZBA\ZBA 2000\Mfl~utes~ZBA-36-2000 617 N. Fai~iew.doc