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HomeMy WebLinkAbout10/26/2017 P&Z Minutes 17-17MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -17-17 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: REQUEST: MEMBERS PRESENT MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: October 26, 2017 600 Go Wando Avenue Dan & Linda Vierneisel October 11, 2017 Variation to the rear yard setback Sharon Otteman Tom Fitzgerald William Beattie Norbert Mizwicki Walter Szymczak Joseph Donnelly, Chair Lisa Griffin Agostino Filippone Consuelo Arguilles-Deputy Director of Community Development Jason Shallcross-Development Review Planner Dan & Linda Vierneisel Chairman Donnelly called the meeting to order at 7:30 pm. Commissioner Beattie made a motion seconded by Commissioner Otteman to approve of the minutes from the Planning and Zoning Commission meeting on September 28, 2017. The minutes were approved 5-0 with Commissioner Fitzgerald abstaining. Chairman Donnelly took a motion to approve the appointment of William Beattie as Vice Chairperson. Commissioner Fitzgerald made the motion seconded by Commissioner Otteman. Upon Roll Call- Ayes- Otteman, Fitzgerald, Beattie, Mizwicki, Szymczak, Donnelly Nays- None The vote was approved 6-0. Chairman Donnelly asked for motion to approve the regular monthly meeting time be changed to seven o'clock pm. Commissioner Beattie made the motion and Commissioner Otteman seconded. Upon Roll Call- Ayes- Otteman, Fitzgerald, Beattie, Mizwicki, Szymczak, Donnelly Nays- None The vote was approved 6-0. Chairman Donnelly introduced case PZ -17-17 as 600 Go Wando Avenue. The case is Planning and Zoning Commission final. Mr. Shallcross stated the Subject Property is located on the north side of Go Wando Avenue between Wa Pella Avenue and Can Dota Avenue. The Subject Property is zoned RA Single -Family Residence District and borders the RA Single -Family Residence District on all sides. The Subject Property measures just over ten thousand square feet (10,000 sq. ft.) and includes a single family home and detached garage with related improvements. Mr. Shallcross further explained the Petitioner proposes to construct a building addition for a new family room, office and a covered deck, and is seeking a variation from the rear yard setback requirement. The site plan indicates a twenty foot, eight inch (20'-8") rear yard setback at the northwest corner of the addition when the Village code requires a minimum twenty-five foot (25') rear yard setback. Mr. Shallcross stated the proposed site plan indicates the addition would measure over five hundred square feet (500 sq. ft.) and also includes a new deck and new walks and landings with steps to grade. He further explained the Subject Property currently does not comply with the Village's zoning regulations. The existing two -car detached garage encroaches into the required five-foot (5') side yard setback. The existing garage is considered legal non -conforming and would remain in the current location. Mr. Shallcross summarized the standards for a variation. Furthermore, he explained, per the Petitioner, the unique shape of the lot causes the need for the variation request. The lot is pie shaped with the northwest corner of the existing structure being approximately 25'-1/4" from the back lot line. As proposed, the addition would encroach into the required rear yard setback. The Petitioner states that moving the proposed addition forward would involve extensive additional work. Moving buried utilities that enter the house, two air conditioning units, and the exhaust to a high efficiency furnace would be necessary if the addition was located outside of the required rear yard setback. A window in the furnace room would also be covered. Mr. Shallcross further explained the Petitioner states that the purpose of the addition is to create a floor plan which meets the changing needs of a resident who lives and works at home. The Petitioner also states that the variation is not based upon the desire to increase financial gain and that that there will not be a detrimental effect to surrounding properties or the public welfare as the addition will be located entirely on the property, will be one story, and will increase the value of surrounding homes. The design and layout of the addition will complement the existing character of the house and neighborhood. The brick, siding, and windows will be consistent with the existing structure. Mr. Shallcross stated that per Staff's review, the Petitioner's request complies with the variation standards. Unique conditions exist that are not generally applicable to other properties. The pie shape of the lot causes only a small portion of the proposed addition to encroach into the required year yard setback. The Petitioner considered an addition outside of the required yard but found it to be impractical given the extensive additional work that would be required. The addition would not adversely affect the character of the surrounding neighborhood or have a detrimental effect on any surrounding properties as it meets all other applicable code requirements. The addition would be set back more than twenty -feet (20') from the rear property line and will match the existing structure. Mr. Shallcross stated that Staff finds the variation request meets the variation standards as listed in the Zoning Code and that granting such request would be in the best interest of the Village. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "A variation to allow a rear yard setback of twenty -feet, eight inches (20'-8"), as per the site plan dated September 26, 2017." The Planning and Zoning Commission's decision is final for this case. Chairman Donnelly asked for measurement clarification on the existing rear yard setback. Mr. Shallcross stated that the setback is thirty nine feet (39') from the principal structure and the existing twenty five feet (25') is to the existing deck. He also commented that the percentage of the addition that is actually in the setback is very small. Commissioner Beattie wanted to state on record that he does know the Petitioner and that they are friends but in no way has a financial gain or connection to the project. Mr. Shallcross also stated that the Petitioner has letters of support from 409 and 415 South Can Dota. Hearing no further questions for staff, Chairman Donnelly swore in Dan Vierneisel 600 Go Wando. Mr. Vierneisel gave a general description of the project. He explained that the addition will give the home a better flow and the ability to make further improvements to the kitchen. He further stated that they love the neighborhood and schools and want to stay in the home and make it work for their lifestyle. Hearing no further questions for the Petitioner, Chairman Donnelly closed the hearing and asked for a motion. Commissioner Mizwicki made a motion seconded by Commissioner Fitzgerald to approve the following motion: "A variation to allow a rear yard setback of twenty -feet, eight inches (20'-8"), as per the site plan dated September 26, 2017." UPON ROL CALL AYES- Otteman, Fitzgerald, Beattie, Mizwicki, Szymczak, Donnelly Nays- None The vote was approved 6-0. The Planning and Zoning Commission's decision is final for this case. Hearing no further matter, Commissioner Beattie made a motion seconded by Commissioner Fitzgerald and the meeting was adjourned at 7:45 pm. Jenna Moder- Community Development