HomeMy WebLinkAbout08/28/2003 P&Z minutes 33-03MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-33-03
PETITIONER:
PUBLICATION DATE:
PROPERTY ADDRESS:
PIN #:
REQUEST:
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
INTERESTED PARTIES:
Hearing Date: August 28, 2003
Girish & Varsha Zaveri
August 13, 2003
721 W. Busse Ave.
08-12-218-007
Variation (side yard setback)
Arlene Juracek, Chairperson
Merrill Cotten
Joseph Donnelly
Leo Floros
Richard Rogers
Matthew Sledz
Keith Youngquist
None
William J. Cooney, AICP, Director of Community Development
Marisa Warneke, Neighborhood Planner
Girish & Varsha Zaveri
Wes Pinchot
Kathi & Hank Szott
Chairperson Arlene Juracek called the meeting to order at 7:33 p.m. Richard Rogers made a motion to approve the
minutes of the July 24 meeting, seconded by Joseph Donnelly. The July meeting minutes were approved 7-0. At 7:35,
under Old Business, Ms. Juracek said that the Planning & Zoning Commission would not address Case No. PZ-13-03,
a Text Amendment for Lighting Regulations, at this meeting. She said that there would be a workshop on September
11, 2003 to discuss this item. At 8:26, Ms. Juracek introduced Case No. PZ-33-03, a request for a Variation to the side
yard setback. Ms. Juracek said that the Village Board's decision is final for this case.
William Cooney, Director of Community Development, presented the case. He said that the Subject Property is
slightly irregularly shaped, is zoned R1 Single Family Residence, and is bordered by the R1 District on all sides. The
Subject Property is located at the southwest comer of Lams Court and Busse Avenue, and contains a single-family
residence with related improvements.
Mr. Cooney said that the Petitioner is seeking Variations to allow a 4.15' side yard and 13.47' rear yard when the
Zoning Ordinance requires seven (7)-feet and 25-feet setback respectively. He said that the existing residence meets
zoning setback regulations, but the attached garage encroaches into the required 25-foot rear yard and has a 19.47-foot
setback. However, the Zoning Ordinance classifies the garage as a legal nonconformity and is allowed to remain in its
current location.
Mr. Cooney said that the Petitioner proposes to build a one-story brick addition along the southwest elevation of the
existing house. The Petitioner stated in their application that the addition is needed to accommodate elderly family
members, who will be moving in with them in the near future. Mr. Cooney said that the Petitioner met with Staff to
discuss the project and has since scaled back the addition to minimize the amount of the Variation. In order to
construct an ADA accessible addition to accommodate family members, the Petitioner feels that the house would have
to be altered significantly.
Mr. Cooney reported that although the proposed addition and landscaping used to minimize the impact of the addition
may be constructed in an attractive manner, the proposed location is close to the side and rear lot lines. He said that
the Petitioner has other alternatives that would meet zoning regulations. Based on this analysis, Staff finds that the
requests do not meet the Variation standards contained in the Zoning Ordinance and recommends that the P&Z
lanning & Zoning Commission
Arlene Juracek, Chairperson
PZ-33-03
Page 2
recommend that the Village Board deny a Variation to allow a 4.15-foot side yard setback and a 13.47-foot rear yard
setback for the residence at 721 W. Busse Avenue, Case No. PZ-33-03. He said that the Village Board's decision is
final for this case.
Girish Zaveri, 721 W. Busse Avenue, was sworn in. Mr. Zaveri stated that his parents were moving into the home and
that he wanted to change the home to make it ADA accessible. His home is currently a split-level home and the first
floor includes the living room, dining room, and kitchen and he wOUld like to add a bedroom and bathroom on the first
floor. Currently, the front and exterior setbacks are met. Mr. Zaveri said that he wanted to change the lot coverage
from 40% to 40.5%. He said that he wanted to use brick construction on the addition to match the house. He stated
that he has strong family values and would like to PrOvide rOOm for his parents.
There was discussion about where an addition could be located on the Petitioner's property and whether the garage
could be extended or moved as a result of the addition.
Kathi S zott, 723 W. B usse A venue, w as s worn in. S he stated that she w as concerned that the addition would be
located too close to her property line. She requested to see plans of the proposed addition and plans were provided to
her. S he stated that s he was also concerned that h er property would b e used t o transport supplies a nd equipment
during t he construction o f t he addition. M r. C ooney a nd M s. Juracek assured h er that h er property would not b e
touched.
Wes Pinchot, 747 Whitegate Drive, was sworn in. He stated that he has recommends that the Staffrecommendation to
deny be considered by the Commissioners. He stated that approval of the project would violate the intent of the zoning
ordinance.
Ms. Juracek stated that if the Planning & Zoning Commission denied the request, then the Village Board would require
a super majority vote to approve the project. She said that if the Village Board denied the request, the Petitioner could
not come back for one year with a request for a Variation. However, the petitioner could build something that does
conform to Village Code at any time.
Chairperson Juracek closed the hearing at 8:40 pm.
There was general discussion about reducing the footprint of the addition. The proposed room is 19'3"x16'11" and a
15'xl 1' room could be constructed and still meet current Village Code. There was additional discussion on moving
the garage forward or reducing the garage to a 1-car garage temporarily or permanently to create a first floor bedroom
for the parents.
Richard Rogers made a motion t o recommend t he Village Board approve t he requested Variation t o the side yard
setback for Case No. PZ-33-03. Merrill Cotten seconded the motion.
UPON ROLL CALL:
Motion was denied 7-0.
AYES: None
NAYS: Floros, Cotten, Donnelly, Rogers, Sledz, youngquist and Juracek
At 9:17 p.m, Joseph Donnelley made motion to adjourn, seconded by Richard Rogers. The motion was approved by a
voice vote and the meeting was adjourned.
Marisa Wameke, Neighborhood Planner
William J. Cooney, AICP, Director of Community Development
H:\PLANXplanning & Zoning COMi~P&Z 2003\Minute~kPZ-33-03 721 W. Btmse Ave - ~ide yard variation.doc