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HomeMy WebLinkAbout04/24/2003 P&Z minutes 08-03MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-0$-03 Hearing Date: April 24, 2003 PETITIONER: Craig & Heidi Jorgenson PROPERTY ADDRESS: 312 N. Oak Ave. PARCEL#: 03-33-421-006 PUBLICATION DATE: April 9, 2003 REQUEST: Variations from the side yard setback regulations MEMBERS PRESENT: Arlene Juracek, Chairperson Merrill Cotten Joseph Donnelly Leo Floros Richard Rogers Keith Youngquist MEMBERS ABSENT: Matthew Sledz STAFF MEMBERS PRESENT: INTERESTED PARTIES: Judy Connolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development Craig & Heidi Jorgenson Bruce Nadle Chairperson Arlene Juracek called the meeting to order at 7:34 p.m. Richard Rogers made a motion to approve the minutes of the March 24 meeting, seconded by Merrill Cotten. The March meeting minutes were approved 5-0, with one abstention by Keith Youngquist. At 7:38, Ms. Juracek introduced Case No. PZ-08-03, a request for a Variation from the exterior side yard setback regulations. She said that the request would be P&Z final. Judy Connolly, Senior Planner, presented the case, describing the subject property as zoned RX Single Family and located at the southwest comer of Gregory and Oak Streets. She said the Subject Property is rectangular in shape and contains a single-family residence with related improvements. The petitioner's house was built in 1954 and the existing attached garage was part of the original construction and setback 14-feet from the exterior lot line. She said that Staff's research indicates the Zoning Ordinance required a 1 O-foot or 10% of lot width setback for the interior and exterior yards when the house was built. However, these requirements have changed and now a 25-foot exterior side yard is required for properties zoned RX. She said that the petitioner would like to add on to the existing home and the plans show a 20-foot exterior setback, which is less than the 25-feet required by the Zoning Ordinance. The petitioner states in their application that meeting setback requirements would compromise the amhitectural integrity of the home and waste yard space. Ms. Connolly noted that the existing garage setback is a legal nonconformity and is allowed to remain. However, new construction is required to meet current regulations and the petitioner is seeking relief from code requirements for the exterior side yard setback. She said that the subject property would comply with all other zoning regulations and that the addition would be constructed according to Village Codes. The table in the staff memo compares the petitioner's proposal to the RX Single-Family Residence district's bulk requirements. Ms. Connolly summarized the standards for a Variation listed in the Zoning Ordinance. She said that the petitioner is proposing to renovate the existing home to create additional living space. She said that the subject property is rectangular in shape and exceeds the minimum lot size required for the RX Zoning District and that the proposed addition could be redesigned to maintain a 25-foot exterior side yard as required by the Village's Zoning Ordinance. Planning & Zoning Commission PZ-08-03 Arlene Juracek, Chairperson Page 2 She said that while the Petitioner may have explored different design options in order for the addition to meet the 25; foot setback, they are still seeking relief from zoning regulations although the Subject Property does not appear to meet the standards for a hardship as defined by the Zoning Ordinance. She noted that the Zoning Ordinance defines a hardship as a practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances. Ms. Connolly said that, although the proposed addition may be designed in an attractive manner, the request does not meet the Variation standards listed in the Zoning Ordinance because there is no apparent hardship. Based on these findings, Staff recommends that the Planning & Zoning Commission deny a Variation to allow a 20-foot exterior side yard setback for the residence at 312 N. Oak Avenue, Case No. PZ-08-03. She said that the Planning & Zoning Commission's decision is final for this case. Heidi and Craig Jorgenson were sworn in. Mrs. Jorgenson testified that to build according to Zoning regulations would waste much of their land while building per their design would provide much needed privacy for their family. She said that she is a teacher and feels their home life is of interest to many passers-bye. She also felt that the addition would be an attractive improvement to the neighborhood. Mr. Jorgenson said the addition would increase their living space and bedrooms. They had discussed various plans but felt this would be the best plan for their home and the neighborhood. Also, it would also preserve a honey locust tree. He said that changing the plan would close off the entrance to the basement stairs and necessitate breaking into a weight-bearing wall to open another entrance and that would comprise the structure of their home. Ms. Juracek asked if the Jorgensons had considered making the two added rooms flush, which would require only a 3' Variation. Mr. Jorgenson said that would detract from the outside appearance of the home and roofline. Mr. Rogers asked what type of trees were involved. Mr. Jorgenson said they were honey locust and are 20'-25' apart. Keith Youngquist agreed that amhitecturally this was an aesthetically pleasing design and agreed adhering to the required 25-foot setback would waste yard space. Mr. Rogers agreed and said this Variation would not be detrimental to the neighborhood. Them was discussion about the significant distance from the house to the edge of pavement. Ms. Juracek noted the attachment containing signatures of nine neighbors in support of this Variation. Bruce Nadle, 313 N. MacArthur, was sworn in and testified that he lived directly behind the Jorgenson family for five years. He said that he and his wife fully support this planned addition and would also support the addition going to the end of the garage. He said he knows the other neighbors support the request, also. Ms. Juracek closed the public hearing at 7:55. Richard Rogers moved to approve the request for a Variation to allow a 20-foot exterior side yard setback for the property at 312 N. Oak St., Case No. PZ-08. Joseph Donnelly seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Youngquist and Juracek NAYS: None Motion was approved 6-0. P&Z decision is final. lanning & Zoning Commission Arlene Juracek, Chairperson PZ-08~03 Page 3 At 9:12 p.m, Leo Floros made motion to adjourn, seconded by Joe Donnelly. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary /udf~ofi o y: Senior Planner H:\GEN~LAbrNIN G~Plan ning & Zoning COMM~P&Z 2003~inut es~PZ~08~03 312 N, Oak St..doc