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HomeMy WebLinkAbout06/26/2003 P&Z minutes 23-03MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-23-03 Hearing Date: June 26, 2003 PETITIONER: Robert Dempsey 1302 E. Dogwood Lane PIN #: 03-26-406-021 PUBLICATION DATE: June 11,2003 REQUEST: Variation / Conditional Use MEMBERS PRESENT: Richard Rogers, Acting Chairperson Merrill Cotten Leo Floros Matthew Sledz MEMBERS ABSENT: Arlene Juracek, Chairperson Joseph Donnelly Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development INTERESTED PARTIES: Robert Dempsey Chairperson Richard Rogers called the meeting to order at 7:32 p.m. Matt Sledz made a motion to approve the minutes of the May 22 meeting, seconded by Merrill Cotten. The May meeting minutes were approved 4-0. At 8:36, Mn Rogers introduced Case No. PZ-23-03, a request for a Conditional Use to construct a pomh that would encroach into the front setback and a Variation to expand the garage into the sideyard setback. Mr. Rogers said the Village Board decision would be final for this case. Judy Connolly, Senior Planner, presented the case and said that the subject property is located on the north side of Dogwood Lane, between Westgate Road and Sycamore Lane, and contains a single-family residence with related improvements. She said that the subject property is zoned R1 Single Family Residence and is bordered on all sides by the R1 district. The subject property has an irregular shape, a skewed rectangle, and currently has an attached garage. Ms. Connolly reported that the petitioner would like to remodel the existing house as well as add on tb it. She said that the petitioner plans to construct an unenclosed pomh in the front yard and extend the attached garage three-feet to create access from the garage into the house. She said that due to the irregular shape of the subject property, the garage addition would encroach 3' into the required side yard and requires relief from zoning regulations. Also, a section of the porch will encroach 3' into the required 30-foot setback. Therefore, the petitioner is seeking a Variation to add on to the attached garage, and Conditional Use approval for the front pomh. Ms. Connolly said that the petitioner met with staff and has worked extensively with an architect to design a garage that would comply with zoning regulations. However, the shape of the lot and the floor plan precluded them from arriving at a design that would meet the setback requirements. She said that the proposed garage addition was designed to match the existing building materials so the addition would appear as part of the original construction. Ms. Connolly said that the existing home complies with zoning regulations, but the existing patio encroaches into the required side yard. She said that the patio is a legal nonconforming structure and is allowed to remain in its current location. The proposed garage addition requires relief from the R1 bulk regulations for the interior side yard setback and Planning & Zoning Commission PZ-23-03 Arlene Juracek, Chairperson Page 2 that the porch requires Conditional Use approval. She said that the subject property would comply with all other zoning regulations and the addition and porch would be constructed according to all applicable Village Codes. Ms. Connolly said that in order to approve the setback request for the garage, the request must meet the standards for a Variation listed in the Zoning Ordinance. She summarized the standards and said that the petitioner is proposing to renovate the existing home to create additional living space and make the garage more accessible by adding a door that leads directly into the house. She said that the petitioner explored different options for the addition, but found that the irregular shape of the subject property prevents the petitioner from adding on to the existing garage without doing extensive modifications to the house. Ms. Connolly reported that the Zoning Ordinance requires a 7'11" side yard for this property. She said that in comparison, the Zoning Ordinance requires a 5-foot setback if the petitioner were to construct a detached garage. The difference in the setback regulations is based on aesthetics, drainage, and ensuring an adequate buffer between living space. In this case, based on the submitted floor plan it is reasonable to believe that the petitioner's only option for providing direct access from the garage to the house was to expand the structure into the required side yard. She said that the proposed 5'4" side yard setback would exceed the minimum setback required for a detached garage. Also, the manner in which the addition was designed will create the appearance of a unified structure and preserve the character of the house with minimal impact on the neighborhood. Ms. Connolly said that in order to approve the unenclosed porch, the request has to meet the standards for a Conditional Use listed in the Zoning Ordinance. She reviewed the standards and reported that the proposed unenclosed porch would not adversely affect the character of the surrounding neighborhood, utility provision or public streets and the proposed Conditional Use will be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. She said that the petitioner's request to expand the garage meets the Variation standards contained in the Zoning Ordinance due to the irregular shape of the Subject Property. Also, the proposed request to construct a porch in the front yard meets the Conditional Use standards contained in the Zoning Ordinance. Ms. Connolly said that based on these findings, Staff recommends that the Planning & Zoning Commission recommend that the Village Board approve a Variation and allow a 5'4" side yard setback along the west property line and the Conditional Use to allow an unenclosed front porch as shown on the site plan dated March 23, 2003 prepared by Davidson Design Group, Inc, for the residence at 1302 Dogwood Lane, Case No. PZ-23-03. Village Board's decision is final for both requests. Robert Dempsey, 1302 E. Dogwood Lane, was sworn in and testified they want to expand their home by adding a second story and redesign the first floor to include a family room. They would also like to provide access to the garage from inside the house. He Said that the front porch will tie together the design of the second story and the first. He said one of the neighbors approves of the design and the other neighbor to the west is a vacant rental home and he did not have an opportunity to speak to the owner. Mr. Rogers closed the public hearing at 8:45. Matt Sledz made a motion to approve the requested Conditional Use as submitted for Case No. PZ-20-03,402 N. Elm St. Merrill Cotten seconded the motion, Mr. Rogers asked the petitioner if he was aware the front porch could never be enclosed. Mr. Dempsey said he was. UPON ROLL CALL: AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None Motion approved 4-0. Village Board decision final. lanning & Zoning Commission PZ-23-03 Arlene Juracek, Chairperson Page 3 Leo Floros made a motion to approve the requested Variation as submitted for Case No. PZ-20-03, 402 N. Elm St. Merrill Cotten seconded the motion. UPON ROLL CALL: Motion approved 4-0. Village Board decision final. AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None At 11:40 p.m, Matt Sledz made motion to adjourn, seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjoumed. Barbara Swiatek, Planning Secretary