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HomeMy WebLinkAbout10/26/2000 ZBA minutes 35-2000 MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CASE NO. ZBA-35-2000 Hearing Date: October 26, 2000 PETITIONER: George & Jan Eggert PUBLICATION DATE: October 11, 2000 JOURNAL/TOPICS REQUEST: Proposal for a lot coverage variation to replace an existing patio at 1800 Hopi Lane 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. Eggert 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 7:51, Ms. Juracek opened Case ZBA-35-2000, a request for a lot coverage variation to replace an existing patio. Judy Connolly, Senior Planner, stated that public notice had been given, and introduced the staff memorandum for the item. She stated that the subject parcel is a 10,286 square foot parcel that is relatively level, out of any flood zone and slightly irregularly shaped. The parcel is developed with a single family home and an attached garage. The applicants applied for a permit to replace the existing patio and it was determined that the property exceeds the maximum amount of lot coverage permitted. To receive a permit, the petitioners would need to reduce the size of the existing patio to meet lot coverage requirements. They chose to seek a variation to remove the existing patio and replace it as it currently exists. Ms. Connolly explained that the property was developed under Cook County jurisdiction and annexed into the Village of Mount Prospect in the early 1970s. The Village does not have a record of the property owners applying for, or receiving, a patio permit. Based on a visual site inspection, the patio appears to have been constructed at least 30 years ago, most likely when it was under county jurisdiction. The petitioners want to replace the patio because it is cracked in several places and poses trip hazards. Ms. Connolly said that the reasons for the proposed variation are aesthetic, rather than financial. The applicants would like to keep the same size and shape patio. An exact replacement of the patio would not have a negative effect on the public welfare or other properties. The hardship is not created because of the physical attributes of the property but rather by the previous owner who may have constructed the patio according to County standards or neglected to apply for a permit. oning Board of Appeals ZBA-35-2000 Arlene Juracek, Chairperson Page 2 Ms. Connolly stated that, although the proposal does not meet all the standards for a Variation, the code imposes a clear hardship on the petitioners. The patio cannot be improved because the existing lot coverage exceeds code requirements. The impact of the variation would be minor as the patio will not be enlarged and there aren't any drainage problems of which the Village is aware. Based on these findings, Staff recommends that the ZBA approve the proposed lot coverage Variation to permit an exact replacement of the existing patio at 1800 Hopi Lane, Case No. ZBA-35-2000. The Zoning Board's decision is final for this case. Mr. & Mrs. Eggert were sworn in and testified that they purchased the house 26 years ago with the present patio. They said the patio is chipped and cracked and needs replacement. They plan to replace it exactly as it is, all in cement. At 8:00, Ms. Juracek closed the public hearing and summarized the case. There being no discussion, Ms. Juracek asked for a motion. Keith Youngquist made a motion to recommend approval of the proposed lot coverage variation to replace an existing patio, Case No. 35-2000. Elizabeth Luxem seconded the motion. UPON ROLL CALL: AYES: Cotten, Ettinger, Floros, Luxem, Youngquist and Juracek NAYS: 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 H:\GEN\PLNG\ZBA\ZBA 2000\Mh~utes~ZBA-35-2000 1800 Hopi Lane.doc