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HomeMy WebLinkAbout10/24/2002 P&Z minutes 32-02MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-32-02 Hearing Date: October 24, 2002 PETITIONER: Alan Van Wetering PROPERTY ADDRESS: 709 S. WaPella PARCEL NUMBER: 08-11-428-003 PUBLICATION DATE: October 9, 2002 REQUEST: Variation to allow the construction of a l'x3' triangular section of an unenclosed porch to encroach into the required front yard setback. MEMBERS PRESENT: Merrill Cotten Joseph Donnelly Leo Floros Matthew Sledz Keith Youngquist Richard Rogers, Vice Chairperson MEMBERS ABSENT: Arlene Juracek, Chairperson STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner INTERESTED PARTIES: Alan Van Wetering Vice Chairperson Richard Rogers called the meeting to order at 7:30 p.m. Joseph Donnelly made a motion to approve the minutes of the September 26 meeting, seconded by Keith Youngquist. The September meeting minutes were approved 6-0. At 7:50, after hearing two cases, Mr. Rogers introduced Case No. PZ-32-02, a request for a variation for a porch to encroach into the front yard setback, and said the case would be Planning & Zoning Commission final. Judy Connolly, Senior Planner, reported that the subject property is located between Lonnquist Boulevard and Man-A- Wa Trail. She said that the lot has an irregular shape and includes a curved front property line. The existing home includes an unenclosed porch, which is currently set back 30-feet from the front lot line at one end of the porch and 33- feet from the front lot line at the other end of the porch. She reported that the petitioner plans to remove the existing 4- foot wide porch floor and install a new, five-foot wide concrete porch floor as well as installing new decorative railings and columns. Due to the irregular shape of the subject property, a three-foot triangular shaped section of the new porch will extend one-foot into the required 30-foot setback. She said this requires a variation because the l'x3' section of the porch does not comply with zoning regulations. The petitioner was given the option of pursuing a conditional use permit, but decided to seek the variation instead. Ms. Connolly said the existing porch and house comply with the bulk regulations; however, increasing the porch floor by one-foot creates the need for a variation and increases the amount of lot coverage slightly. Ms. Connolly said that in order to approve the variation request, the porch must meet the standards for a Variation listed in the Zoning Ordinance. She summarized the standards and said that staff found that the porch would not adversely affect the character of the surrounding neighborhood, utilities or public streets and that it complies with the Comprehensive Plan and the Zoning Ordinance requirements. She said that the irregular shape of the property is a unique condition and creates a hardship for the petitioner, who is trying to construct a rectangular structure on a curved lot of record. lanning & Zoning Commission Arlene Juracek, Chairperson PZ-32-02 Page 2 Ms. Connolly reported that based on these findings, staff recommends that the Planning & Zoning Commission approve a variation to allow an unenclosed porch to encroach one-foot into the required front setback for three linear feet as shown on the site plan for the residence at 709 S. WaPella Avenue, Case No. PZ-32-02. She said that the Planning & Zoning Commission's decision is final for this case. Alan Van Wetering, 709 S. WaPella, was sworn in and said he wanted to improve the appearance of the front of his house, which would include replacing a 4' wide stoop with one that is 5' wide. This would make the stoop even with the overhang for a better appearance and would also afford them more room to maneuver around. He said it would be necessary to encroach 1' into the front setback for a distance of 3'. He pointed out that this design would be a total encroachment of just 1-1/2 s.f. He explained that the encroachment would be due to the fact that his lot has a curved property line but the street is straight. Mr. Van Wetering said Ms. Connolly was very helpful and the Village should be proud to have her as an employee. Leo Floros asked Ms. Connolly if this case would have been better handled as a Conditional Use. Ms. Connolly said that the petitioner had the option of pursuing a Conditional Use permit, which is easier to attain, but requires an extra step because Village Board has final approval. However, the irregular lot configuration created a hardship and consequently allowed the petitioner to pursue a Variation, which would be final at the Planning & Zoning Commission level due to the minimal size of the Variation. Mr. Rogers expressed the Commission's appreciation to him for following proper protocol and requesting the conditional use instead of regarding it as an insignificant encroachment and bypassing the system. Mr. Rogers closed the public hearing at 8:00. Leo Floros moved to approve a Variation to allow an unenclosed porch to encroach l'x3' into the required front yard for the residence at 709 S. WaPella, Case No. PZ-32-02. Merrill Cotten seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Youngquist and Sledz NAYS: None Motion was approved 6-0. At 9:00 p.m., after hearing another case, Merrill Cotten made motion to adjourn, seconded by Joseph Donnelly. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Judy Connolly, Senior Planner H:\GEN~PLANNINGkPlamfing & Zoning COMM~P&Z 2002LMinutes~PZ-32-02 709 S. WaPella. doc