HomeMy WebLinkAbout02/26/2004 P&Z minutes 07-04
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-O7-04
Hearing Date: February 26, 2004
PROPERTY ADDRESS:
710 N. Wille Street
PETITIONER:
Bob & Leanne Boehm
PUBLICATION DATE:
February 11,2004
PIN#:
03-34-106-021
REQUEST:
Conditional Use to allow the construction of an unenclosed porch in the
required front yard; and a Variation for lot coverage
MEMBERS PRESENT:
Arlene Juracek, Chair
Joseph Donnelly
Richard Rogers
Keith Youngquist
MEMBERS ABSENT:
Merrill Cotten
Leo F10ros
Matthew Sledz
STAFF MEMBERS PRESENT:
INTERESTED PARTIES:
Judy Connolly, AICP, Senior Planner
Bob & Leanne Boehm
Chairperson Arlene Juracek called the meeting to order at 7:34 p.m. Richard Rogers made a motion to approve
the minutes of the January 22 and February 12, 2004 meetings with one minor correction. Keith Youngquist
seconded the motion. The minutes were approved 4-0. At 9: 11, Ms. Juracek introduced Case No. PZ-07 -04, a
request for Conditional Use approval to allow théc6nstruction of an unenclosed porch in the required front yard;
and a Variation for lot coverage. She noted that the porch request would be Village Board final, but the lot
coverage request is P&Z final.
Judy Connolly, Senior Planner, presented the case. She said that the Subject PropertY is located on Wille Street,
between Kensington Road and Highland Street, and contains a single-family residence with related
improvements. The Subject Property is zoned RA Single Family Residence and is bordered on all sides by the
RA District.
The Petitioner's proposed improvements include an unenclosed porch that will extend the length of the house
and a second story addition. The proposed unenclosed porch would be constructed of wood, but have a concrete
floor. The intent of the porch is to improve the appearance of the front elevation by lessening the impact of the
second story addition and creating a unified front elevation.
The plat of survey documents the Subject Property's existing conditions. Ms. Connolly said that it appears the
previous owners made improvements to the property without the benefit of a permit because the current amount
of lot coverage is 58%, which exceeds the 50% limitation for the RA zoning district. After meeting with Staff,
the Petitioner revised their proposal to reduce the size of the patio; they would replace the existing patio, which
currently measures @ 1 0' x 3 5' with a 1 0' x 1 0' patio. I n addition, the Petitioner proposes to remove the
existing service walk along the south side of the home. The proposed reduction in patio size, as well as the
removal of the existing service walk, will help to reduce the amount of lot coverage. However, in order to
improve the Subject Property as proposed by the Petitioner, the Village Board has to approve the Conditional
Use request to allow the unenclosed porch to encroach four-feet into the front yard, but the Planning & Zoning
Planning & Zoning Commission
Arlene Juracek, Chairperson
PZ-07-04
Page 2
Commission has to first approve a variation for lot coverage because the Subject Property will continue to
exceed the 50% lot coverage limitation.
Ms. Connolly said that the existing home does not comply with the Bulk Regulations for the RA zoning district.
After reviewing the Building Permit files, Staff could not document that the Village authorized the addition to
the rear of the garage, which encroaches into the required setback and the 9-foot easement. She said that the
garage is an existing condition and allowed to remain. Also, the existing patio is reflected on a fence permit
application issued in the early 1960s, but there is no record of the Village approving the structure.
The Petitioner proposes to reduce lot coverage by removing a service walk along the side of the house and
significantly reducing the size of the patio. The proposed improvements would bring the site closer to
compliance with the Village's lot coverage regulations, but still exceed the 50% limitation.
In order to approve the unenclosed porch, the request has to meet the Conditional Use standards listed in the
Zoning Ordinance. Ms. Connolly summarized the standards and said that the proposed unenclosed, covered
porch would not a dverse1y a ffect the character 0 f t he surrounding neighborhood, utility provision, 0 r public
streets and the proposed Conditional Use will be in compliance with the Village's Comprehensive Plan and
Zoning Ordinance.
Ms. Connolly said that in order to approve the lot coverage Variation, the P&Z has to find that it meets the
standards for a Variation listed in the Zoning Ordinance. She summarized the standards and said that the
Petitioner did not create the need for a Variation, but is taking measures to bring the Subject Property closer to
compliance with current Village Codes. The proposed new construction will be done according to all Village
regulations, the amount of lot coverage will be reduced, and the proposed improvements are consistent with the
existing character of the neighborhood.
The proposed unenclosed porch meets the Conditional Use standards contained in the Zoning Ordinance. In
addition, the Petitioner's request to allow 54% lot coverage meets the standards for a Variation. Based on these
findings, Staff recommends that the Planning & Zoning Commission approve a Variation to permit 54% lot
coverage as shown on the Petitioner's site plan and that the P&Z make a recommendation to the Village Board
to approve a Conditional Use for an unenclosed porch to encroach no more than 4-feet into the required front
yard for the residence at 710 N. Wille Street, Case No. PZ-07-04.
The Village Board's decision is final for the porch, but the P&Z's decision is final for the lot coverage request
because it is less than 25% of the code regulation.
There was discussion regarding paving and water retention. Ms. Connolly said Engineeringhad reviewed the
case and did not note any drainage problems caused by the current amount of lot coverage.
Robert Boehm, 710 N. Wille Street, was sworn in. He summarized his request and addedthat the retaining wall
was in the back of the property when they purchased the property and he does not know why it is there. He said
there has not been any pooling of water. He said the sump pump discharges in the ITont yard and will continue
to do so and will not interfere with other properties.
Ms. Juracek noted that removal of the concrete and addition of the porch would provide 54% lot coverage. Mr.
Rogers said the 4% overage would not be objectionable since the cement removal and porch additions would be
improve the property greatly.
There were no comments from the audience. Ms. Juracek closed the hearing at 9:25.
Planning & Zoning Commission
Arlene Juracek, Chairperson
PZ-O7 -04
Page 3
Richard Rogers made a motion to approve a Variation to permit 54% lot coverage as indicated on the
Petitioner's site plan, prepared by Thomas Buckley, Architect dated January 21, 2004. Joseph Donnelly
seconded the motion.
UPON ROLL CALL:
Motion was approved 4-0.
AYES: Donnelly, Rogers, Youngquist and Juracek
NAYS:
Joseph Donnelly made a motion to recommend that the Village Board approve the Conditional Use to allow the
construction of an unenclosed porch in the required front yard. Richard Rogers seconded the motion.
UPON ROLL CALL:
Motion was approved 4-0.
AYES: Donnelly, Rogers, Youngquist and Juracek
NAYS:
At 9:30 p.m., Joseph Donnelly made motion to adjourn, seconded by Richard Rogers. The motion was
approved by a voice vote and the meeting was adjourned.
Judy Connolly, AICP, Senior Planner
H\PL"'NlPlanning & Zoning COMM\P&Z 2004\Minutes\PZ-07-04 710 N Wille 5t Boehmdoc