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HomeMy WebLinkAbout5. OLD BUSINESS 10/07/03VWL ~9~3 ORDINANCE NO. AN ORDINANCE GRANTING A VARIATION FOR PROPERTY LOCATED AT 902 SUMAC LANE WHEREAS, Pasquale and Gall Pannozzo (hereinafter referred to as "Petitioners') have filed a petition for a Variation with respect to property located at 902 Sumac Lane (hereinafter referred to as the "Subject Property') and legally described as follows: Lot 20 in resubdivision of Lots 1 to 129 inclusive in Forest Manor unit fl4 being a resubdivision in the SW Quarter and the SE quarter of Sec. 25 Township 42 North, Range 11, East of the Third Principal Meridian, according to plat of said resubdivision registered in the office of Registrar Titles of Cook County. Property Index Number: 03-35-404-020-0000 and WHEREAS, the Petitioners seek a Variation to allow an existing shed to encroach three-feet (3') feet within the five-foot (5') minimum side yard as required in Section 14.306.B.2 of the Mount Prospect Village Code; and WHEREAS, a Public Hearing was held on the request for a Variation being the subject of PZ-32-03 before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th day of August, 2003, pursuant to proper legal notice having been published in the Mount Prospect Journal on the 13th day of August, 2003; and WHEREAS, the Planning and Zoning Commission has submitted its findings and positive recommendation to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Variation would be in the best interest of the Village. 902 Sumac Lane Page 2/2 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNTPROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Variation, as provided in Section 14.203.C.7 of the Village Code, to allow the construction of a shed with an encroachment of three-feet (3') into the five-foot (5') minimum side yard required by the Mount Prospect Village Code, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as "Exhibit A." SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ., 2003. ATTEST: Gerald L. Farley Village President Velma W. Lowe Village Clerk H:~CLKO~files\WIN\ORDINANC\Variation 902 Sun,lc,shed. Sept-03.doc illage of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: SUBJECT: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT SEPTEMBER 12, 2003 PZ-35-03 - CONDITIONAL USE (CIRCULAR DRIVEWAY) 1105 S. BEECHWOOD DRIVE ORESTE & FRANCA MAGNELLI - APPLICANTS The Planning & Zoning Commission transmits their recommendation to den3~ Case PZ-35-03, a request to construct a circular driveway, as described in detail in the attached 'staff report. The Planning & Zoning Commission heard the request at their August 28, 2003 meeting. The Subject Property is located in a single-family residential neighborhood. The proposed circular driveway would cover 33% of the exterior side yard and would require a new curb cut onto Willow Lane. The Zoning Ordinance lists circular driveways as Conditional Uses and requires Village Board approval. The Planning & Zoning Commission discussed the fact that at least five vehicles could be parked on the driveway. They noted that in the past, circular driveways were approved as a means of resolving a traffic or safety issue. In this case, the Petitioner was requesting the circular driveway for convenience reasons. The Planning & Zoning Commission members voted 7-0 to recommend that the Village Board deny a request for a Conditional Use permit to construct a circular driveway at 1105 S. Beechwood Drive, Case No. PZ-35-03. Please forward this memorandum and attachments to the Village Board for their review and consideration at their September 16, 2003 meeting. Staff will be present to answer any questions related to this matter. ~~ooneyJr~IC'P MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-35-03 PETITIONER: PUBLICATION DATE: PROPERTY ADDRESS: PIN #: REQUEST: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: Hearing Date: August 28, 2003 Oreste & Franca Magnelli August 13, 2003 1105 S. Beechwood Dr. 08-14-316-009 Conditional Use for a Circular Driveway 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 Wameke, Neighborhood Planner INTERESTED PARTIES: Oreste, Franca & Nella Magnelli 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 9:02, Ms. Juracek introduced Case No. PZ~35-03, a request for a Conditional Use for a cimular driveway. 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 located on the east side of Beechwood Drive, between Willow Lane and Ash Drive, and contains a single-family residence with related improvements. The Subject Property is zoned R1 Single Family Residence and is bordered by the R1 district on all sides. He said that the existing home on the Subject Property is currently set back slightly more than 30-feet from the west/front lot line and includes a standard 16' wide driveway. Mr. Cooney said that the Petitioner would like to widen the driveway to 19' and, as part of the project, construct a circular driveway. The proposed circular driveway would measure 10-feet in width and would connect to the standard driveway. He said that the standard driveway and circular driveway, which requires an additional curb cut on to Beechwood Drive, would cover 33% of the front yard. The Petitioner's reasons for requesting a circular driveway relate to the number of drivers they have and the number of vehicles they own. Mr. Cooney said that while the proposed circular driveway would not have an adverse impact on the neighborhood, it is not needed as a solution to a traffic safety issue and/or because the street has a substandard right-of-way or pavement width. He said that the Petitioner's reasons for the circular driveway are for convenience and that the circular drive would cover an amount of the front yard that is not consistent with the adjacent properties. Therefore, the request fails to meet the Conditional Use standards listed in the Zoning Ordinance. He said that based on these findings, Staff recommends that the P&Z recommend that the Village Board to deny a Conditional Use request for a circular driveway for the residence at 1105 Beechwood Drive, Case No. PZ-35-03. He said that the Village Board's decision is final for this case. There was general discussion on the proximity of the driveway to Willow Lane. Matthew Sledz asked whether there was some type of hardship related to the request. Mr. Cooney replied that no hardships exist at this point. lanning &. Zoning Commission PZ-35-03 Arlene Juracek, Chairperson Page 2 Nella Magnelli and Franca Magnelli, 1105 S. Beechwood Drive, were sworn in. Nella Magnelli stated that there are currently four drivers in the household, and that there will be fifth driver in March. She said that there is currently room for four cars on the property, but not enough space to accommodate a fifth vehicle. Franca Magnelli clarified that the driveway is already 19 feet wide. Ms. Juracek stated that circular driveways are not usually characteristic of the Village. She said that they are installed to solve or minimize a traffic or safety issues or if the homeowner agrees not to park the cars there overnight. Mr. Sledz agreed and said that this is a self-imposed hardship stemming from the number of vehicles. He said that if this request were approved, that one parking option would be traded for another. Chairman Juracek closed the public hearing at 9:12. There was general discussion on circular driveways that currently exist in the Village. Mr. Cooney said that Staffhad reviewed some driveways on the list of circular driveways that the Petitioner submitted and found that many were constructed before the ordinance was changed to require Conditional Use approval. Richard Rogers made a motion to recommend that the Village Board approve the Conditional Use request for the circular driveway at 1105 S. Beechwood Drive for Case No. PZ-35-03. Merrill Cotten seconded the motion. UPON ROLL CALL: AYES: None NAYS: Floros, Cotten, Donnelly, Rogers, Sledz, Youngquist and JUracek Motion was denied 7-0. Ms. Juracek reminded the Petitioner that the Village Board would need supermajority to approve the request due to the negative recommendation. 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 D~irl~ ~ omrr-Jo'f~C°o°nnue~t~n~t~C~iv e 1 op ment H:\PLANXPlanning & Zoning COMM~P&Z 2003\Minutes\PZ-35-03 1105 S Beechwoed Drive - circular driveway.doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 35 -03 LOCATION: 1105 S. Beechwood Drive PETITIONERS: Oreste & Franca Magnelli OWNERS: Oreste & Franca Magnelli PARCEL #: 08-14-316-009-0000 LOT SIZE: 0.26 acres (11,280 square feet) ZONING: R1 Single Family Residence LAND USE: Single Family Residential REQUEST: Conditional Use - Circular Driveway LOCATION MAP 1305 ?rost DriveJ 14~7 1406 1409 1405 ,1411 [1410 141~ 1412 ,~4L~ 1414 1417 1416 1419 1418 Lane 1401 1400 I40~ 1401 1405 1406 141..=..~t 141_..~o 1417 ~416 14L3 1404 ,41, Village of Mount PrOspect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: SEPTEMBER 19, 2002 HEARING DATE: SUBJECT: SEPTEMBER 26, 2002 PZ-35'03 - cONDITIONAL USE (CIRCULAR DRWE) 1105 BEECHWOOD DRIVE (ORESTE RESIDENCE) BACKGROUND A public hearing has been scheduled for the August 28, 2003 Planning & Zoning Commission meeting to review the application by Oreste & Franca Magnelli (the "Petitioner") regarding the property located at 1105 Beechwood Drive (the "Subject Property"). The Petitioner has requested Conditional Use approval to allow the construction of a new circular driveway. The P&Z hearing was properly noticed in the August 13, 2003 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250- feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subjec, t Property is located on the east side 0f Beechwood Drive, between Willow Lane and Ash Dr/ye, and contains a single-family residence with related improvements. The Subject Property is zoned R1 Single Family Residence and is bordered by the R1 district on all sides. The existing home on the Subject Property is currently set back slightly more than 30-feet from the west lot lin~ (fr6nt yard) and includes a standard, t6' wide driveway. SUMMARY OF PROPOSAL The attached exhibits indicate that the Petitioner would like to widen the driveway to 19' and as part of this project, construct a circular driveway. The proposed circular driveway measures 10-feet wide and would connect to the standard driveway. The standard driveway and cimular driveway (which requires an additional curb cut on to Beechwood Drive) would cover 33% of the front yard. The street has a standard curb and gutter configuration. GENERAL ZONING COMPLIANCE As previously noted, the existing home complies with the Village's zoning regulations. The table on the following page compares the Petitioner's proposal to the bulk requirements of the R1 Single Family Residence district. Z-35-03 Planning & Zoning Commission meeting August 28, 2003 Page 3 R1 Single Family Existing Proposed District Requirements MINIMUM SETBACKS Front 30' 30' No Change Interior 10' or 10% of lot width 17.4' No Change Exterior 20' No Change Rear 25' 35' No Change LOT COVERAGE 45% 27% 29% CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance. The section contains seven specific findings that must be made in order to approve a Conditional Use. The circular drive is listed as a Conditional Use in the parking section of the Zoning Ordinance (Sec. 14.2215.A. 1). The following list is a summary of these findings: · The Conditional Use will not have a detrimental effect on the public health, safety, morals, comfort or general welfare; · The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; · Adequate provision of utilities and drainage and design of access and egress to minimize congestion on Village streets; and · Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. As with other requests for circular driveways, Staff evaluated traffic patterns in the neighborhood of the Subject Property. In this case, Staff did not find that a circular driveway is needed to resolve a traffic or safety issue. A site visit confirmed that the proposed circular driveway would not be consistent with the character of the neighborhood since it would require more pavement in the exterior side yard than is characteristic of other adjacent properties. In addition, the Petitioner's reasons for requesting a circular driveway relate to the number of vehicles they own. RECOMMENDATION While the proposed circular driveway would not have an adverse impact on the neighborhood, it is not needed as a solution to a traffic safety issue and/or because the street has a substandard right-of-way or pavement width. The Petitioner's reasons for the circular driveway are for convenience and the circular drive would cover an amount of the front yard that is not consistent with the adjacent properties. Therefore, the request fails to meet the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance. Based on these findings, Staff recommends that the P&Z make a recommendation to the Village Board to deny a Conditional Use for a circular driveway for the residence at 1105 Beechwood Drive, Case No. PZ-35-03. The Village Board's decision is final for this case. I concur: William J. Cooney, AICP, Director of Community Development VILI,AGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT ~ Plaiming Division I00 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use Approval Case Number © P&Z Development Name/Address Date of Submission Hearing Date Address(es) (Street Number, Street) Site Area (Acres) Prope~yZoning Total Building Sq. Ft. (Site) 1~, 2gDg[ 12o ~ qq -~> g~tbacffs: Front Rear ¢ t'Side b ~ Side Building Height Lot Coverage (%) Number of Parking Spaces A~iacent Laud Uses: North South East West Tax I.D. Number or County Assigned Pin Number(s) Legal Description (attach additional sheets if necessary) Name c Telephone (day) Corporation t Telephone (evening) Street Address Fax City State Zip Code Pager Interest in PropeNy Corporation Telephone (day) Telephone (evening) Street Address Fax: \1o% City State Zip Code Pager Developer Name Address Attorney Name Address Surveyor Name Address Engineer Name Address Architect Name Address Landscape Architect Name Address Telephone (da>,) Fax Telephone (day) Fax Telephone (day) Fax Telephone (da>') Fax Telephone (day): Fax Telephone (day): Fax Mount Prospect Department of Community Development 100 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.8 I8.532~ Fax 847.818.532! TDD 847.392.606, roposed Conditioaal Use (as listed in tile zoning district) Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary.) Hours 0f Operation ~ddr~(es) (Street Number, Street) Site{/Area~(Acres) Prope~y~.kZoning Totali~oBuildingr q~/Sq' Ft. (Site') ) Sq.~Ft. Dcvoted~ to Proposed Use Setbacks: . Fr°nt~o~. Rear 3~ ~ Side ~{ ~tlSide [~.~ Building Height Lot Coverage (%) Number of Parking Spaces Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Inco~nplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staffso that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on tile property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to tile best of my kno.~edge. ....----- If applicant is not prope~y owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and file associated supporti~ material. ,'7/ft ~ Properly Owner 1l ,~r. ] ~ ~ ~ Date ( ~ Motnlt ~rospect Depamnent of Community Development Phone 847.818.5~8 100 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www. mountprospect.org 3 TDD 847.392.6064 With four drivers and four cars, it is very difficult to maneuver around our two car garage. To get one car out of the garage, two others must be moved first. Come spring, there will be a fifth driver and another car to park on our property. According to city laws we can not block the sidewalks nor park on the street past 2AM. We feel that a circular driveway would solve all of our problems. While two cars are parked in the garage, the others can park on the driveway extension. In this case, each car is easily accessible. This type of driveway is not only practical, but it is also an investment This project will not only increase the properly value of our house but beautify the scenery in our intimate Mount Prospect area. Enclosed is a list of other houses in the surroundings area that have this type of driveway. Other Houses In The Neighborhood With The Desired Driveway 705 Golf Rd. 709 Golf Rd. 1050 Linneman 685 Bellaire 1100 Church 1103 Church 1026 Church 1012 Church 903 Palm 902 Willow 906 Willow 908 Willow 909 Willow 1100 Cypress PV.Web Mapping Properties that have circular driveways DISCLAIMER http://gis/pvw~b2/print.d~?tit~e=PV.Web+Mapping&paper=~~tter&~rientati~n=p~rtrait& fi... 8/19/2003 Lot 30 in Windsor Estates being a subdivision of part of the West 1/2 of Section 14, Township North, Range 11, East of the Third Principal Meridian, in the Village of Mount Prospect, Cook County, Illinois. Survey brought up to date to show all vwl 9/10/03 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1105 SOUTH BEECHWOOD DRIVE WHEREAS, Oreste and Franca Magnelli'(hereinafter referred to as "Petitioners") have filed a petition for a Conditional Use permit with respect to property located at 1105 South Beechwood Drive (hereinafter referred to as the "Subject Property'~ and legally described as follows: Lot 30 in Windsor Estates being a subdivision of part of the west ¼ of Sec. 14, Township 41 North, Range 11, east of the Third PrinciPal Meridian, in the Village of Mount Prospect, Cook County, IL. Property Index Number: 08-14-316-009-0000; and WHEREAS, the Petitioners Seek a COnditional Use permit to Construct a circular driveway; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit, being the subject of PZ-35-03, before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th day of August, 2003, pursuant to proper legal notice having been published in the Mount Prospect Journal on the 13th day of August, 2003; and WHEREAS, the Planning and Zoning CommisSion has submitted its findings and negative recommendation to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit, as provided for in Section 14.203.F.7 of the Village Code, to allow the construction of a circular driveway, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A." SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance With the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVEDthis day of ,2003. ATTEST: Gerald L. Farley Village President Velma W. Lowe Village Clerk H:\CLKO\flles\WIN~ORDINANC~Corl Use,Circular drvwy,1105 Beechwood,Sept,03.doc