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HomeMy WebLinkAbout10/22/2015 P&Z Minutes 25-15MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -25-15 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: REQUEST: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: October 22, 2015 308 S. Emerson Avenue Sean Mitchell October 7, 2015 08-12-126-015-0000 Variation — Side and rear yard setbacks for a sports court Thomas Fitzgerald Keith Youngquist Jeanne Kueter Sharon Otteman Norbert Mizwicki Joseph Donnelly, Chair Agostino Filippone - Associate William Beattie Consuelo Andrade, Deputy Director of Community Development Latika Bhide, Development Review Planner Sean and Roberta Mitchell, Ed and Chris Warden 1 Chairman Donnelly called the meeting to order at 7:30 p.m. Commissioner Fitzgerald made a motion to approve the minutes of the August 27«', 2015 meeting; Commissioner Younquist seconded the motion. The minutes were approved 6-0 with Commissioner Otteman abstaining. After hearing one (1) additional case, Chairman Donnelly introduced Case PZ -25-15 308 S. Emerson Avenue and stated it was Village Board Final. Ms. Bhide stated that the Subject Property is located on the west side of Emerson Street, south of Milburn Avenue and contains a single-family residence with related improvements. The Property is zoned RA Single Family Residence and is bordered on all sides by the RA district. Ms. Bhide stated the Petitioner installed a sports court, nineteen feet (19') by thirty-eight feet (38') in the rear of the property this summer without a permit. Per the site plan, the court is located one foot (1') from the south property line (interior side), eleven feet (11') from the north property line (interior side) and nine feet (9') from the west property line (rear side). Ms. Bhide stated that accessory structures are not permitted to be located in a required side yard. However, patios (a sports court is considered a patio) are permitted to encroach into the required rear Planning and Zoning Meeting- October 22, 2015 PZ -25-15 Joseph Donnelly, Chairman K yard, as long as a minimum setback of fifteen feet (15') is maintained. Per the site plan submitted by the petitioner, the sports court is located one foot (1') from the south property line (side yard), instead of the required five feet (5') and nine feet (9') from the west property line (rear yard), instead of the required fifteen feet (15'). Therefore, a variation for the side yard and rear yard setback requirements is required. Ms. Bhide 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. Bhide stated that Staff has reviewed the Petitioner's request for variation and finds that the standards have not been met. The Subject Property's characteristics are not unique and unusual, and would be applicable to other property in the Village. The location of the trees and the slope of the yard, which is not excessive, do not constitute hardships. The Variation request does not meet the standards for a Variation because there is no hardship as defined by the Zoning Ordinance. The Petitioner has the option of locating the sports court so that it meets the required five feet (5') side yard and fifteen feet (15') rear yard setback as permitted by Code. Staff recommends that the Planning & Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend denial of the following motion: "To approve a variation to allow a one foot (1') side yard setback and a nine foot (9') rear yard setback for a sports court, as shown in the plan dated October 7, 2015 for the residence at 308 S. Emerson Street" She stated that the Village Board's decision is final for this case. Commissioner Filippone asked about lighting for the court. Ms. Bhide stated that there are no lights currently installed, but the petitioner can address if lighting is put up temporarily. Commissioner Mizwicki asked if the basketball hoop would be located nine inches (9") from the property line. Ms. Andrade confirmed the distances of the hoop and the court. Commissioner Mizwicki said that was awfully close. Chairman Donnelly swore in Sean Mitchell and Roberta Mitchell. Mr. Mitchell stated that he was not aware that a permit would be required. He stated that they put a basketball hoop in the yard a few years ago. Earlier this summer, they removed the tree near the hoop as it had suffered some damage. Mr. Mitchell stated that they had received some light weight tiles and thought that these would be perfect to lay on the ground in the dirt. Because the ground was not entirely flat and because they believed that they had to manage stormwater, they graded the yard. He said that they removed the grass and filled the area with crushed stone; the depth was approximately 1.5 inches. Mr. Mitchell showed a video comparing hosing water over turf and the court. He stated that in his opinion, it was not the same as a patio because the sports court was permeable and allowed the water to go through. He showed pictures of surrounding properties and stated that the neighbor's garage is on the fence line without a setback. Mr. Mitchell Planning and Zoning Meeting- October 22, 2015 PZ -25-15 Joseph Donnelly, Chairman showed several other pictures of surrounding properties with accessory structures on lot lines. He stated that he had four (4) children and that Emerson Street was a busy street. Mr. Mitchell presented a signed petition from the neighbors in support of his request. He stated that when he has company over he has run a cord with lights across the tree, but never past 10:00 pm in the summer. He said that it was a temporary light. Chairman Donnelly stated that even with the addition of the court, the property was under the maximum allowable lot coverage. Commissioner Youngquist clarified that a patio (even if permeable) would add to the lot coverage. Commissioner Youngquist asked about the required setbacks on a fifty foot (50') wide lot. Commissioner Otteman stated that she lived at 312 S. Emerson and that her garage is on the lot line. She stated that she cannot move her garage without impacting a large tree and would need a variation when rebuilding her garage. Commissioner Filippone asked if the petitioner has received any complaints from the neighbors to the south and west. Mr. Mitchell stated that all the immediate neighbors are in favor and have signed the petition, and the only complaint was from the neighbor that was two lots to the north. Chairman Donnelly stated that they had received a letter signed by six (6) people asking the Planning and Zoning Commission to not approve the variation. Chairman Donnelly swore in Mr. and Mrs. Worden, 304 S. Emerson Street. Mrs. Worden stated that she is concerned with the water run-off. She stated that when there are heavy rains, the water stagnates, the grass dies and they get mosquitoes and she is concerned that this will have a negative impact. She stated that having so much play equipment in a small yard would bring down their property values. Mrs. Worden stated that the children routinely make noise 10:30 p.m. or 11:00 p.m. and she is required to keep the windows closed in summer and anticipates this to be more of an issue over time. Mr. Worden stated that the letter speaks for itself and he did not have anything to add. Mrs. Worden added that zoning codes are there for a reason. Mr. Mitchell said that the kids go to bed at a reasonable hour and they are not there until 10:30 p.m. or 11:00 p.m. He said that immediate neighbors who may be affected by the run-off if any have signed the petition in support. He said that if the court was moved (to meet the setbacks) it would be closer to 304 S. Emerson. Chair Donnelly confirmed that the Engineering Division does not have any concerns with the court. He asked staff if there was a limitation on the number of play equipment on the property. Ms. Andrade stated that there is a limitation on the number of detached structures. Up to two (2) detached accessory structures are permitted, but that it would not apply to the sports court in question. Chair Donnelly stated that any noise after 10:30 p.m. would be a police issue, not a zoning issue. Commissioner Youngquist asked if the garage was in the front of the property. Mr. Mitchell answered that it was an attached garage and they had initially thought to attach the hoop to the garage, but were worried about the safety of the children if the ball rolled onto Emerson Street. Commissioner Youngquist said that because of the attached garage they do not have a driveway going to the rear of the property like a lot of the neighbors. Planning and Zoning Meeting- October 22, 2015 PZ -25-15 Joseph Donnelly, Chairman 4 Chair Donnelly asked for confirmation that the variation would apply to the sports court only. Ms. Andrade responded the variation would be specific to the sports court. Commissioner Jeanne Kueter asked about the lighting. Ms. Andrade stated the Village Code did not allow light trespass or direct glare onto adjacent properties. Any lighting would be subject to the code provisions. Commissioner Youngquist stated that a construction lamp without a canopy would not meet the Code provision. He said that any light must be directed directly into the yard. Commissioner Fitzgerald asked how far the court would have to be moved to meet setbacks. Ms. Bhide said that the court would have to be moved 6 feet east and 4 feet to the north. Mr. Mitchell stated that the root system of the big maple tree that was removed would make moving the court six feet (6') east difficult. The slope of the yard would also make it difficult. Commissioner Kueter asked why they would not make the court smaller to meet the setbacks. Mr. Mitchell said that they could, however it made sense to keep it in its current location because of where the hoop was located. Chair Donnelly asked if anyone else had anything to add before closing the hearing. Commissioner Youngquist stated that a lot of homes in Mount Prospect have detached garages in the back with basketball hoops and people play on the asphalt surface at all times. He said that they don't have that (possibility) here, and there is no lot coverage problem. Commissioner Otteman said that Emerson was a very busy street and people are often racing down (the street). She said it was a great block to live on, but that they could not be in the front yard. She stated that because their kitchen was located behind the garage, they could not make the garage as a pass-through. Commissioner Filippone said that he was trying to balance the petitioner's need and the resident concerns. He said that this petition was a Village Board final and they would have an opportunity to express their concerns to the Board. Commissioner Otteman discussed the reason for the stagnant water, but she stated that it was not related to the court. Commissioner Fitzgerald asked if there was a utility easement along the back of the property. Ms. Andrade said that there was no easement outlined on the Plat of Survey. Commissioner Fitzgerald said that because of the power lines back there, if someone wanted to work there on the power lines, they could. Mr. Mitchell said that they could move the tiles like carpeting. Commissioner Youngquist made a motion seconded by Commissioner Otteman to approve the following motion: "A Variation to allow a one foot (1') side yard setback and a nine foot (9') rear yard setback for a sports court, as shown in the plan dated October 7, 2015 for the residence at 308 S. Emerson Street." UPON ROLL CALL: AYES: Filippone, Fitzgerald, Otteman, Youngquist, Kueter, Mizwicki, Donnelly NAYS: None The vote was approved 7-0 with a positive recommendation to Village Board. Commissioner Otteman made a motion seconded by Commissioner Kueter and the meeting was adjourned at 8:15 pm. Planning and Zoning Meeting- October 22, 2015 PZ -25-15 Joseph Donnelly, Chairman