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HomeMy WebLinkAbout10/26/2000 ZBA minutes 37-2000 MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CASE NO. ZBA-37-2000 Hearing Date: October 26, 2000 PETITIONER: Warren Zediker PUBLICATION DATE: October 11, 2000 JOURNAL/TOPICS REQUEST: Proposal for a variation to allow construction of a 6' x 15.5' unenclosed porch in the exterior side yard setback at 502 W. Busse Ave. 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: Warren Zediker 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 8:18, Ms. Juracek opened Case ZBA-37-2000, a request for a variation to allow construction of a 6' x 15.5' unenclosed porch in the exterior side yard setback. Judy Connolly, Senior Planner, stated that public notice had been given and introduced the staff memorandum for the item, a variation to allow construction of a 6' x 15.5' unenclosed porch in the exterior side yard setback. She stated that the property is an existing home located on a comer lot on a single-family residential street, set back 29.94' from the front lot line (Busse Ave.) and 12.40' from the exterior side lot line (Wapella). The applicant wants to build a 6'x15.5' unenclosed porch in the exterior side yard, which is used as the front of the house. The proposed porch will encroach 10.55' into the required 20-foot exterior side yard setback, which will require a variation. The existing home currently encroaches 7'4" into the required 20-foot exterior side yard setback. Ms. Connolly said the proposed porch would be set back 9.45' from the exterior side property line (WaPella). The petitioner intends to remove the garage door of the attached unused garage, and create an attractive front elevation at a later date. He feels that the porch will improve the appearance of his home, add a desirable feature to the structure, and has the potential to be converted to a handicap ramp in the future if necessary. If the porch is converted to a handicap ramp, it is permitted to encroach into 50% (10-feet) of the required setback. That conversion would not meet the required setback because the exterior setback of the porch/ramp would be 9.45' from the lot line and 10-feet is required. Ms. Connolly pointed out that this proposal is similar to other porches that received a conditional use permit. The difference is that this structure would come to within 10' of the property line as opposed to 25' for front yard porches. The applicant is seeking a variation because the structure will be located in the exterior side yard setback, and the conditional use is applicable to porches in the front yard setback. Zoning Board of Appeals ZBA-37-2000 Arlene Juracek, Chairperson Page 2 Ms. Connolly stated that the subject parcel is a 7,780 square foot parcel that is relatively level, out of any flood zone, and rectangular. The parcel is developed with a single family home and a detached garage. The applicant proposes to construct an unenclosed porch in the exterior side yard setback. Ms. Connolly cited the reasons for the proposed variation as aesthetic, rather than financial. The applicant proposes the encroachment to provide an unenclosed porch and enhance the existing structure. The proposed porch could enhance the character of the existing single-family residential area and would not have a negative effect on the public welfare. Ms. Connolly explained that, even though the porch might meet the standards for a conditional use, the request is required to meet the standards for a variation. However, no particular condition of the lot makes the encroachment appropriate based on the Zoning Ordinance standards. The petitioner could construct a handicap ramp now, modified slightly to meet code requirements, and not require a variation. Although the proposed variation could have a positive effect on neighborhood character, the submittal does not support a finding of hardship, as required by the Variation standards. Therefore, staff recommends that the ZBA make a recommendation to the Village Board to deny the proposed Variation to permit a 6' x 15.5' unenclosed porch to encroach 10.55' into the required 20' exterior side yard setback for the residence at 502 W. Busse Avenue, Case No. ZBA-37-2000. The Village Board's decision is final for this case. Ms. Juracek asked why this proposal was considered a porch as opposed to a stoop, since it did not have a covering over it. Ms. Connolly responded that it was higher than a stoop and had the characteristics of a porch. Keith Younquist said a handicap ramp would require 36' of length and he could not envision how the ramp would tie- in with this porch request. Warren Zediker was sworn in and said a handicap ramp, either permanent or temporary, could be attached to the 3' length of the east end of the porch and run the length of the old garage over to the driveway of the new garage, and would be approximately 15' long. Mr. Youngquist informed him that government codes would require that ramp to be 36' long. Mr. Zediker said he did not know about the government requirements and hopes he will not need to install a ramp but he has chronic obstructive pulmonary disease and may require surgery and confinement to a wheelchair. Ms. Juracek pointed out the home already encroaches into the 20' setback and with the porch it would have only a 9.45' setback. Ms. Juracek asked his intentions for the porch prior to erection of a handicap ramp. Mr. Zediker said he would sit on the porch and make note of speeders passing by and throwing garbage out the car windows. Ms. Juracek closed the public hearing at 8:30 and asked for a motion before discussion of the case. Elizabeth Luxem made a motion to recommend approval of the proposed variation to permit a 6' x 15.5' unenclosed porch to encroach 10.55' into the required 20' exterior side yard setback for the residence at 502 W. Busse Avenue, Case No. ZBA-37-2000. Keith Youngquist seconded the motion. Ms. Juracek pointed out that this house is much closer to the street than surrounding houses and this is a request for a further encroachment in a very tight situation. Ms. Juracek said this proposal would limit future options for a handicap ramp rather than enhance that option. Merrill Cotten asked why the ramp needed to be considered in this request. Ms. Juracek responded that this future option for a ramp was presented as a persuasive argument for approval of the request for an enclosed porch and, as such, must be considered. Mr. Youngquist pointed out that the attached garage is at grade level and a lift could be installed inside the garage so that a handicap ramp would not be necessary. Zoning Board of Appeals ZBA-37-2000 Arlene Juracek, Chairperson Page 3 Ms. Juracek summarized the concerns that the house already encroached into the setback and this request would further that encroachment. She pointed out the request has been presented with the intention of a future further encroachment with a handicap ramp. Ms. Juracek said the petitioner had been provided with an interior solution to the question of installing a ramp. She asked for a vote on the motion to approve the request. UPON ROLL CALL: AYES: None NAYS: Cotten, Ettinger, Floros, Luxem, Youngquist, and Juracek Motion was denied 6-0. Ms. Juracek told petitioner the request will go to the Village Board where it will require a super majority vote due to the denial of approval by the Zoning Board of Appeals. 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\Mh~utes~ZBA-37-2000 502 W. Busse Ave.doc