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HomeMy WebLinkAbout07/24/2014 P&Z Minutes 21-14MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -21 -14 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBERS: REQUESTS: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: July 24, 2014 2806 Briarwood Drive W Andrew Kalinowski July 9 2014 08 -22- 200 -115 -0000 1) Variation (Overall Lot Coverage) Agostino Filippone Sharon Otteman Thomas Fitzgerald William Beattie Jeanne Kueter Norbert Mizwicki Joseph Donnelly, Chairman Keith Youngquist Consuelo Andrade, Senior Planner Brian Simmons, Deputy Director of Community Development Andrew Kalinowski Chairman Donnelly called the meeting to order at 7:30 pm. Commissioner Beattie made a motion, seconded by Commissioner Fitzgerald to approve the minutes of the June 26 2014 Planning and Zoning Commission Meeting; the minutes were approved 6 -0 with one Commissioner abstaining. Chairman Donnelly introduced Case PZ- 21 -14, 2806 Briarwood Drive West. Ms. Andrade stated the Petitioner is seeking a Variation to allow a 48.07% lot coverage ratio for the property located at 2806 Briarwood Drive West. Ms. Andrade explained the Subject Property is located on the south side of Briarwood Drive West and contains a single- family residence and is bordered on all sides by the R1 district. Ms. Andrade stated that the Subject Property consists of two parcels and was developed under Cook County regulations. The property was annexed into Mount Prospect in 1978. The Subject Property abuts Lake Briarwood, which is a private lake. Ms. Andrade stated the Plat of Survey indicates the existing improvements located on the subject property include a concrete block patio and wood deck located along the south property line, which abuts Lake Briarwood. She explained the concrete block patio and wood deck where constructed without a permit. Ms. Andrade further explained the Petitioner subsequently applied for a building permit, but was denied as the subject property exceeds the R1 district's forty five percent (45 %) lot coverage limitation. Ms. Andrade stated the petitioner is now seeking approval of a variation to allow a forty eight and seven hundredths percent (48.07 %) overall lot coverage. Planning and Zoning Commission- July 24 2014 PZ -21 -14 Joseph Donnelly, Chairman Ms. Andrade summarized the standards for a Variation as the following: A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; Lack of desire to increase financial gain; and Protection of the public welfare, other property, and neighborhood character. Ms. Andrade stated, per the Petitioner the Subject Property is a lakefront property and compliance with the overall permitted lot coverage would be a hardship because it would not allow for the use of the lakefront property to its fullest. She further explained the Petitioner indicates the house is on a slope and there are no issues when it rains because the excess water flows into the lake. Ms. Andrade stated that while staff can appreciate the Petitioner's desire to develop the Subject Property, however; it does not constitute a physical hardship unique to this property. Ms. Andrade further explained the alleged hardship presented in this case has been created directly by the property owner's own interest in the property and not by the zoning code. The Subject Property complied with the overall lot coverage prior to the construction of the concrete block patio and wood deck, which measure 281.6 square feet and 317 square feet in area respectively. The Petitioner could be in compliance by removing 292.2 square feet of impervious area. Ms. Andrade stated, should the Variation request be approved, Staff recommends adding a condition of approval requiring the Subject Property be consolidated to a single lot of record. Ms. Andrade stated the Variation request to allow an overall lot coverage of forty eight and seven hundredths percent (48.07 %) does not meet the standards for a Variation contained in Section 14.203.C.9 of the Zoning Ordinance for the reasons previously noted. Based on staff's analysis, Staff recommends that the Planning and Zoning Commission deny the following motion: "To approve a Variation to allow an overall lot coverage of forty eight and seven hundredths percent (48.07 %), as shown in the attached site plan dated June 2, 2014 for the residence at 2806 Briarwood Drive W, subject to the following condition: 1. Submittal of a Plat of Consolidation creating a single lot of record." Ms. Andrade stated the Planning & Zoning Commission's decision is final for this case. Commissioner Beattie asked if the square footage of the property includes the portion of that extends out into the water. Ms. Andrade stated the overall lot area is based off the property line per the original subdivision plat that does extend into the lake. Commissioner Mizwicki asked if there were any other properties on Lake Briarwood that the overall lot coverage exceeds the limit. Ms. Andrade stated that Staff is not aware of any Variations that have been granted for the area. Chairman Donnelly stated he remembered a case that came before the Planning and Zoning Commission with a similar request which was denied because of the potential flooding issues. He explained the lake doesn't rise when water runs into it; the excess water goes down a stream and floods the neighbors. Planning and Zoning Commission- July 20, 2014 PZ -21 -14 Joseph Donnelly, Chairman Chairman Donnelly swore in the Petitioner as Andrew Kalinowski 2806 Briarwood Drive West. Mr. Kaloinowksi stated that he put in the patio and small retaining wall for safety issues and so that he could enjoy the entirety of his yard. Chairman Donnelly asked the Petitioner if he did the work or hired a general contractor. Mr. Kalinowski stated his friend helped him with the project. Chairman Donnelly asked if his friend told him he needed a permit to do the work. Mr. Kalinowski stated the work was done without a permit. Chairman Donnelly asked if he or his friend knew that he needed a permit. Mr. Kalinowski stated that they did. Commissioner Filippone asked the Petitioner why he decided not to apply for the permit. Mr. Kalinowski stated he constructed the seawall with a permit and made a last minute decision to cover the existing concrete patio with the brick paver blocks. Commissioner Beattie asked about the wooden deck that extends past the patio. Mr. Kalinowski stated that he covered the concrete on the seawall with wood. Commissioner Beattie asked what material was used to construct the curved wall. Mr. Kalinowski stated the curve is made up on gravel and paver bricks. Chairman Donnelly asked if docks and piers were allowed on the lake. Mr. Kalinowski stated that people said that there are many homes that have similar seawalls. Chairman Donnelly asked the Petitioner if he discussed with Staff some possible areas that can be removed to help bring the property into compliance. Mr. Kalinowski stated that the extra water from the rain runs into the lake anyway. Chairman Donnelly explained the excess water from the lake flows into a stream and can cause flooding to the neighbors. Chairman Donnelly asked Staff if they gave the Petitioner any suggestions to help get him in compliance. Ms. Andrade stated they discussed removing the wooden deck next to the concrete paver patio with the Petitioner. Chairman Donnelly told the Petitioner that he has some options that will help bring him into compliance that will allow him to keep the majority his work. He asked the Petitioner if he wanted to talk with Staff again to go over his options. Mr. Kalinowski stated he didn't understand what his options would be. Planning and Zoning Commission- July 24` 2014 PZ -21 -14 Joseph Donnelly, Chairman Commissioner Beattie explained that his option is to take out the wooden portion of the patio. Chairman Donnelly gave a few other suggestions where material can be removed. He asked the Petitioner if he wanted the board to continue with the case or if he wanted to meet with Staff and have the case continued to another meeting. Mr. Kalinowski stated he didn't want to remove the wood from the seawall because the water would come up onto the deck. There was general discussion regarding the shape of the lot and how the property would benefit from removing three hundred feet (300') of impervious surface. Commissioner Mizwicki asked Staff to explain their condition of approval. Ms. Andrade stated the current legal description states the Subject Property is made up two parcels. She explained Staff would like the Petitioner to consolidate to one lot of record. Chairman Donnelly asked if there were any other citizens that wanted to discuss the case. He swore in Terry Arckam 2818 S. Briarwood Drive East. Ms. Arckam stated she lived five (5) houses down from the Petitioner and was a past member of the home owners association for Lake Briarwood. She further explained that the Petitioner violated the bi -laws of the association by constructing a permanent structure by the water. Ms. Arckam stated she was concerned if the Variation were to be approved other homeowners would do the same. Commissioner Beattie asked what is allowed to be placed at the water's edge. Ms. Arckam stated that piers and anything that extends into the water are not allowed. Commissioner Beattie asked if any other homes on the lake have similar structures. Ms. Arckam stated temporary structures are allowed but need to be removed in the winter. She stated other homeowners have built seawalls but nothing to her knowledge that goes over into the water such as the Petitioner's. Ms. Arckam stated the Petitioner's seawall is redirecting the water to the other homes in the area. Mr. Kalinowski stated the seawall was built with the approval of the Home Owner's Association and the Village of Mount Prospect. Chairman Donnelly swore in Agnes Kalinowski 2806 Briarwood Drive. Ms. Kalinowski stated that majority of the homes have seawalls and also stated she has served on the Home Owner's Association board for ten (10) years and explained the seawall was approved. Chairman Donnelly clarified with Staff that the Petitioner obtained a building permit for the seawall but not for the patio or deck. Chairman Donnelly closed the public portion of the hearing and brought discussion back to the board. Planning and Zoning Commission- July 24` 2014 PZ -21 -14 Joseph Donnelly, Chairman Commissioner Beattie asked if Staff could suggest the easiest solution as to what the Petitioner could remove. Ms. Andrade stated that she felt removing the side walkway along the house would be the easiest. Commissioner Fitzgerald made a motion seconded by Commissioner Otteman: "To approve a Variation to allow an overall lot coverage of forty eight and seven hundredths percent (48.07 %), as shown in the attached site plan dated June 2, 2014 for the residence at 2806 Briarwood Drive W, subject to the following condition: 1. Submittal of a Plat of Consolidation creating a single lot of record." Chairman Donnelly stated that the case is Planning and Zoning final; however, the Petitioner could appeal the decision and go before Village Board. Hearing no further discussion roll call was taken UPON ROLL CALL AYES None NAYS Filippone, Otteman, Fitzgerald, Beattie, Kueter, Mizwicki, Donnelly Chairman Donnelly explained that the variance hasn't been approved but could be appealed and presented to Village Board; otherwise the Petitioner is responsible for removing three percent (3 %) of the lot coverage in order to comply. After hearing one additional case, Commissioner Beattie made a motion seconded by Commissioner Otteman and the meeting was adjourned at 8:16 pm. , -, Ah- - �)Can J n a Moder, Admini trative Assistant Cqffi munity Development Department Planning and Zoning Commission- July 24", 2014 PZ -21 -14 Joseph Donnelly, Chairman