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Home My WebLink About7.1 PZ-18-18 1403 N. Park DriveBoardDocs® Pro Page I of 2 Agenda Item Details Meeting Nov 20, 2018 - REGULAR MEETING OF THEM UT PROSPECT VILLAGE BOARD - 7:00 p.m. Category 7. NEW BUSINESS Subject 7.1 PZ -18-18 / 1403 N. Park Drive / Dino Acquaviva / 1st reading of an ORDINANCE GRANTING A VARIATION TO THE FRONT YARD SETBACK FOR PROPERTY LOCATED AT 1403 N. PARK DRIVE Access Public Type Action Preferred Date Nov 20, 201g Absolute Date Dec 04, 2012� Fiscal Impact No Recommended Action Denial of the following motion: 1. A variation to allow a ten foot (10') front yard setback for 1403 N. Park Drive, as shown on plans created by Chris George, P.C. Public Content The Petitioners, Dino Acquaviva and Boldmaa Batbold, propose to perform several site improvements, including constructing an attached two -car garage. The property previously had a partially sub -grade attached single -car garage that was filled in and converted to living space due to flooding. Another garage was not built at that time. The proposed attached garage measures four hundred fifty square feet (450 sq. ft.) and would provide a ten foot (10') front yard setback; a thirty foot (30') setback is required by code in the R1 zoning district, therefore a variation is required. Other exterior improvements include a widened driveway to service the proposed garage and a covered rear patio which complies with code. Village staff believes the Petitioner"s request does not meet the standards for a variation and is therefore not supportive of the request. Two of the three homes in the area referenced by the Petitioner in the application are more than a half mile from the Subject Property and are located in a different neighborhood. Both of those structures encroach into the required front yard setbacks by less than five feet (5"). Neither of these comparison properties received variations to permit front yard encroachments; the homes were built before being annexed into the Village of Mount Prospect and are considered legal -nonconforming. However, a variation request granting a twelve foot and ten inch (12"-10") front yard setback for the purpose of constructing a two car garage was granted for 2021 Tano Lane in 2014. 2021 Tano Lane is unique in that it is a corner lot with floodplain presence and a shallower lot depth when compared to other properties in the subdivision. 1403 N. Park Drive is an interior lot, with a lot depth and flood plain restrictions similar to several properties in the immediate area (1402f 1407, and 1409 N. Park Drive), and is therefore not unique. If the Petitioner would like to keep vehicles out of inclement weather, a detached garage may be built on the property that does not require a variation. The Petitioner provided some letters of support from surrounding properties as part of the application. Staff received letter of objection from a neighbor and several concerns from the general public regarding the potential change i neighborhood character, safety concerns from the addition blocking the view of the street, and a potential reduction i property value of adjacent homes. At the Public Hearing held on November 8, 2018, the Planning and Zoning Commission recommended to deny thc Petitioner's request for a variation unanimously by a vote of 5-0. https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 11/27/2018 BoardDocs® Pro Page 2 of 2 1. Deny the variation to allow a ten foot (10') front yard setback for 1403 N. Park Drive, as shown on plans created by Chris George, P.C. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends that the Village Board deny the variation request. This case is Village Board final since the variation exceeds twenty-five percent (25%) of the Zoning Ordinance requirement. (2,50 KB) PI&ns.pdf (515 KB) Staff [�,eport.pdf (268 KB) Admiinistrative 1: -iLjtes.docx.pdf (190 KB) PZ -1.8-1.8 1.403 Park K�r . ........... ... . Administrative Content -ist.pdf (1.08 KB) I-etters of Support.pdf (1 74 KB) L.ette �r Ag a i �r [-'i Executive Content Motion & Voting Motion to concur with the Planning and Zoning's recommendation for denial of the following motion: 1. A variation to allow a ten foot (10') front yard setback for 1403 N. Park Drive, as shown on plans created by Chris George, P.C. Motion by Richard Rogers, second by Paul Hoefert. Final Resolution: Motion Carries Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 11/27/2018 Associated Surveying Group, LLC( PLAT OF SURVEY Illinois Prof. Design FinnNo. 184-0049"73 ,> �"1 P.O. Box 810 Bolingbrook, IL. 60440 LOT 25 IN WOODVIEW MANOR, U141T NO. 1, BEING A SUBDIVISION IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 25, PH. 630-759-0205 FAX: 630-759-9291 TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED JUNE 16, 1960 AS DOCUMENT NO. 17883769, IN COOK COUNTY, ILLINOIS. 12 4.2 8' W124,77'r) NT 030' N'LY L-l7T 25 �D N IVX12' FRAME SHED 85 4 '211'(j) FENCE `-""'*^ -2.00' S'LY `—, FENCE 1.75' S'LY_/ 1.50' E'LY 24TH FEBRUARY FEBRUARY21, 2014 Dated, this ® day of A.D., 2014, at Bolingbrook, IL. FIELDWORK DATE: I ia. 35_002clT: ACQUAVIVA Il noi rofessio Land nm eyvN-40 oExpires: u November 30, 2014 73870-14 F"ENCE 4,00' N'LY X0.50' W'LY FENCE 2.75' N'LY 0.70' W'LY Q 61' ED 01 w s � 0 z 0 w H � J 00 CLw q 0.75' N'LY E'LY JOB NO.; NOTES: ..._.........�....... __,._......�.._._.__.....�_. 1. COMPARE THE LEGAL DESCRIPTION ON THIS PLAT WITH YOUR DEED, ABSTRACT, OR CERPFICATE OF TITLE; ALSO, COMPARE ALL FIELD MEASURED LOT CORNERS & BUILDING TIES WITH THIS PLAT BEFORE CONSTRUCTION AND REPORT ANY DIFFERENCE AT ONCE. 2. BUILDING LINES AND EASEMENTS ARE SHOWN ONLY WHERE THEY ARE SO DEPICTED ON THE RECORDED SUBDIVISION PLAT. REFER TO YOUR DEED, ABSTRACT, OR CERTIFICATE OF TITLE FOR ADDITIONAL ENCUMBRANCES. S. MEASURED LOT DIMENSIONS ARE SHOWN ONLY WHEN THEY DIFFER FROM RECORD DIMENSIONS BY 0.15 FEET OR MORE. 4. CURVED LINES DENOTED WITH ARC LENGTHS UNLESS OTHERWISE NOTED. ALSO, ALL ARCS ARE TANGENT UNLESS OTHERWISE NOTED. SOME IMPROVEMENTS MAY NOT BE SHOWN DUE TO SNOW, LEGEND: ASPHALT F" WALL;;��T'�� CONCRETE WOODIPVC BRICK gnM ENCLOSEDICOVERED SET * IRON PIPE } CROSS O IRON U REBARIROD — NOTCH PIPE Opp PK NAILSAS NOTCH —�—•— CHAINUNKFENCE e e v WOOD FENCE ALL OTHER FENCE TYPES _Aa IBM9!I@=_ A=ARC LENGTH NLY=NORTHERLY R = RADIUS SLY = SOUTHERLY CH = CHORD LENGTH ELY = EASTERLY {O=RECORD VALUE WLY=WESTERLY {m)= MEASURED VALUE TYP=TYPICAL B.S.L.= BUILDING SETBACK LINE P.U.E. - PUBLIC UTILITY EASEMENT SCALE 'I "_ G.D P.U.D.E. = PUBLIC UTILITY & DRAINAGE EASEMENT — W L 26,10' H � v q o BRICK/FRAME RES #1403 0� Q CL " `T N N L m 31.06'---- 26,10' d�ry44a0A 9YOP! iA,T�bAd' 5 FENCE 0.85' N'LY jn ON III � � oyyy. State of Illinois ISS County of Will I, Michael G. Herwy, an Illinois Professional Land Surveyor, do hereby certify that "This professional service conforms to the current Illinois minimum standards for a boundary survey", and that the Plat hereon drawn is a correct representation of said survey. 030' N'LY L-l7T 25 �D N IVX12' FRAME SHED 85 4 '211'(j) FENCE `-""'*^ -2.00' S'LY `—, FENCE 1.75' S'LY_/ 1.50' E'LY 24TH FEBRUARY FEBRUARY21, 2014 Dated, this ® day of A.D., 2014, at Bolingbrook, IL. FIELDWORK DATE: I ia. 35_002clT: ACQUAVIVA Il noi rofessio Land nm eyvN-40 oExpires: u November 30, 2014 73870-14 F"ENCE 4,00' N'LY X0.50' W'LY FENCE 2.75' N'LY 0.70' W'LY Q 61' ED 01 w s � 0 z 0 w H � J 00 CLw q 0.75' N'LY E'LY JOB NO.; NOTES: ..._.........�....... __,._......�.._._.__.....�_. 1. COMPARE THE LEGAL DESCRIPTION ON THIS PLAT WITH YOUR DEED, ABSTRACT, OR CERPFICATE OF TITLE; ALSO, COMPARE ALL FIELD MEASURED LOT CORNERS & BUILDING TIES WITH THIS PLAT BEFORE CONSTRUCTION AND REPORT ANY DIFFERENCE AT ONCE. 2. BUILDING LINES AND EASEMENTS ARE SHOWN ONLY WHERE THEY ARE SO DEPICTED ON THE RECORDED SUBDIVISION PLAT. REFER TO YOUR DEED, ABSTRACT, OR CERTIFICATE OF TITLE FOR ADDITIONAL ENCUMBRANCES. S. MEASURED LOT DIMENSIONS ARE SHOWN ONLY WHEN THEY DIFFER FROM RECORD DIMENSIONS BY 0.15 FEET OR MORE. 4. CURVED LINES DENOTED WITH ARC LENGTHS UNLESS OTHERWISE NOTED. ALSO, ALL ARCS ARE TANGENT UNLESS OTHERWISE NOTED. SOME IMPROVEMENTS MAY NOT BE SHOWN DUE TO SNOW, LEGEND: ASPHALT F" WALL;;��T'�� CONCRETE WOODIPVC BRICK gnM ENCLOSEDICOVERED SET * IRON PIPE } CROSS O IRON U REBARIROD — NOTCH PIPE Opp PK NAILSAS NOTCH —�—•— CHAINUNKFENCE e e v WOOD FENCE ALL OTHER FENCE TYPES _Aa IBM9!I@=_ A=ARC LENGTH NLY=NORTHERLY R = RADIUS SLY = SOUTHERLY CH = CHORD LENGTH ELY = EASTERLY {O=RECORD VALUE WLY=WESTERLY {m)= MEASURED VALUE TYP=TYPICAL B.S.L.= BUILDING SETBACK LINE P.U.E. - PUBLIC UTILITY EASEMENT SCALE 'I "_ G.D P.U.D.E. = PUBLIC UTILITY & DRAINAGE EASEMENT — 116411 NEW SITE PLAN GRAPHIC SCALE SCALE: I" = 20'-0" I 5 10 _ 20''-- 0" I5 SCALE: I" - PRELIMINARY DWGS FOR NEW ADDITION AND REMODELING FOR THE MR. t MRS. DINO AND BOLDMAA ACQUAVIVA RESIDENCE 1403 N. PARK DRIVE MOUNT PROSPECT, IL 60056 ARCHITECT: CHRIS GEORGE, P..C. 1 2 4 HILL ST MT PROSPECT, IL 60056-2132 (841) 699-8150 FAX (841) 09-8151 JOB #% S 10/04/18 I I 124.28' -- —--�__ d 2 4 0 3 EW CONC EXIST STOOP AND FRAME CONC I FROM ISTEPS FLR SHED T TO PATIO ON 0" GRADE WIDEN EXIST DW TO PROVIDE I m NEW ROOF OVER FRONT uP NEW ROOF QL ACCESS TO STOOP OYER PATIO LU NEW GARAGE ON GRADE' i >" :4 Lu 10'-0"- --�� n OR o y Lu o EXIST EXIST Z: -o DRIVE AY TRI -LEVEL , BRICK/FRAME RESIDENCE CL 11'4"-- 20'0"- NEW CL M ;;,-II L DN GARAGE AD moi__ 1 124.8 --�-- Q 116411 NEW SITE PLAN GRAPHIC SCALE SCALE: I" = 20'-0" I 5 10 _ 20''-- 0" I5 SCALE: I" - PRELIMINARY DWGS FOR NEW ADDITION AND REMODELING FOR THE MR. t MRS. DINO AND BOLDMAA ACQUAVIVA RESIDENCE 1403 N. PARK DRIVE MOUNT PROSPECT, IL 60056 ARCHITECT: CHRIS GEORGE, P..C. 1 2 4 HILL ST MT PROSPECT, IL 60056-2132 (841) 699-8150 FAX (841) 09-8151 JOB #% S 10/04/18 w.m T/UPPE"R LEVEL FL . �. ......._.....W FIN GR T/FDN— —. .—------ _ a _.... EXIST SOUTH ELEVATION SCALE: 1/4" = 1'-0" PRELIMINARY DWGS FOR NEW ADDITION AND REMODELING FOR GRAPHIC SCALE THE MR. t MRS. DINO AND BOLDMAA ACQUAVIVA RESIDENCE I 4" 1W 5 Ip 15 1403 N. PARK DRIVE MOUNT PROSPECT, IL 60056 SCALE: I/4" = I'—o" ARCHITECT: CHRIS GEORGE, P..C. 1 2 4 HILL ST MT PROSPECT, IL 60056-2132 (841) 699-8150 FAX (841) L99-8151 JOB UILL5 6108/18 LA 1/18 6114/18 6/15118 1/31/18 8/14/18 8/22/18 8/29/18 T, Mr Fl T/UPPER LEVEL FL T/EX15T LOWER LEVEL .... - - - - - - - .......... . . .... J- - - - - - - - - --- - - - -1 EXIST WEST ELEVATION SCALE: 1/4' = 1'-0. GRAPHIC SCALE 1 5 10 SCALE: 1/4' = 1'-0' PRELIMINARY DWGS FOR NEW ADDITION AND REMODELING FOR THE MR. I MRS. DINO AND BOLDMAA ACQUAVIVA RESIDENCE 1403 N. PARK DRIVE MOUNT PROSPECT IL 40054 ARCHITECT: CHRIS GEORGE, P..C. 1 2 4 HILL 5T MT PROSPECT, IL 0054-2132 (841) L99-8150 FAX (841) 999-8151 JOB 41445 4/08/18 01 1/18 9/11/18 9/15/18 1/31/18 8/14/18 8/22/18 8/29/18 T/UPPER LEVEL FL ............. ........... . El .................... .-- li .... ......... ....... . — — — — — — — — -- L I � — — — — L L — — — — — — L —_--- - - - - - . ....... ......... .......... —— ---— -------- !------------------ EXIST EAST ELEVATION SCALE. 1/4' = 1'7, GRAPHC SCALE Is SCALE- IV4' — -liv"E'll 1, r -FIN GR I-'r/FDN, PRELIMINARY DWGS FOR NEW ADDITION AND REMODELING FOR THE MR. ! S. DINO AND BOLDMAA ACQUAVfVA RESIDENCE 1403 N- PARK DRIVE MOUNT PROSPECT, IL 90OU ARCHTECT: CHRIS GEORGF, P..C. 13 4 AILL ST MT FROVECT. IL 00SA-2132 (541" 491-W50 FAX 1841) 09-.&51 4B 41"5 aOBA6 0 VW iA4AH: 95AS InVW 8/14/1 91,12A6 8/29A8 NEW SOUTH ELEVATION GRAPHIC 5CALE 5 10 Gr PRELIMINARY DN6SFOR NEW ADDITION AND REMODELING FOR THE MR. tMRS. DINDAND DO|DMAA4CQUAYIVA RESIDENCE 1403 N. PARK DRIVE MOUNT PROSPECT, IL 60056 ARCHITECT: CHRIS GEDR6E.P'C. | 24 HILL ST MTPROSPECT, |L 005L,2132 (841) 699-8150 FAX (647) 699-8151 JOB #lL0 6/08/0 4/1 08 9/14/18 015/18 7/31/0 8/11/18 8/22/18 8/29/18 /EX15T MAIN F �n FIN GR --� NEW ROOF OVER FRONT STOOP II �� ........ ....... ....... T/FDN R T/UPPER LEVEL FL ..................... ------ - . . . . . . . ................ - T/EXIST LOWER LEVEL . .......... . .. . . ...... . ........ .. . ... . . ........... . l -0' X T-0" RAISED PANEL O.H GARAG it' EDR 22'-V NEW WEST ELEVATION SCALE: 1/4" = 1'-0" PRELIMINARY DWGS FOR NEW ADDITION AND REMODELING FOR GRAPHIC SCALE THE MR. it MRS. DINO AND BOLDMAA ACQUAVIVA RESIDENCE 1403 N. PARK DRIVE MOUNT PROSPECT, IL 60056 G ARCHITECT: CHRIS GEORGE, P..C. SCALE: 1/4" = I' 0" 1 2 4 HILL ST MT PROSPECT, IL 0051-2132 (841) 699-8150 FAX (841) 699-8151 JOB 41445 6/08/18 611 1/18 6111118 05/18 1/31/18 8/14/16 8/22/18 8/29/18 T/UPPtR LEVEL FI..- �� L__] �� uw L .... ..... ...... . . . .......... . 4__ ...... . .. ... .. . . . ......... FL NEW EAST ELEVATION SCALE: 1/4' = 1'-0' GRAPHC SCALE 10 SCALE: 1/4' = 1'-0' AIN LEVEL SPRNG PT SPRING PI -NEW ROOF OVER PATIO ON GRADE T/MAIN LEVEL FL rMN GR r-T/FDN PRELIMINARY DWG5 FOR NEW ADDITION AND REMODELING FOR THE MR't MRMRS.DINO AND BOLDMAA ACQUAVVA RESIDENCE 1403 N. PARK DRIVE MOUNT PROSPECT, �L LOOSL ARCHITECT: CHR15 GEORGE, P..C. 1 2 4 HILL ST MT PROSPECT, IL 60056-2132 (841) 699-8I50 FAX (841) 699-8151 JOB #1665 6108118 1/1 1/18 014/18 9/15/18 1/31/18 8/14/18 8/22/18 8/29/18 EXIST ENTRY EXIST MANHOLE TO REMAIN (VIF) NMI OH GARAGE DR flu . ....... . . . .............. . NEW 20'-0' ONE STORY GARAGE AD DN 12"-"0' EXIST 7 ........... . . ..... CK T1 "f RDEEMOVEOD BE LNEW CONC STOOP AND .......... --1 ji FROM ISTSTEPS FLR TO PATIO ON I GRADE REMOVE EXIST DR UP RLU- NEW PA DN . . .... t UP ONTIO GRADE--\ TREATED 2X8 RAFTERS 1 4' O.C. E 451" -- LEDGE EXIST BATH W1 0 SHWR z"2 i- H LN )RYLINE OF EXIST SINK DECK TO BE —l..UTILI7Y RM -,-ZREMOVED REMOVE EXIST EP WINDOW UNIT EP— ANDAND CLOSE OPG W/MIN ONE HR CON5TR N " OPG W/MIN ONE HR Cot EXIST NEWI _L 01HER PRELIMINARY DWGS FOR NEW ADDITION AND REMODELING FOR NEW WINDOW LEVEL LOCATION THE MR. 4 MRS. DINO AND BOLDMAA ACQUAVIVA RESIDENCE CVIF) L FAMILY RIM 1403 N. PARK DRIVE MOUNT PROSPECT, L 60054 ARCHITECT� CHRIS GEORGE, P -C. 1 2 4 HILL ST MT PROSPECT, IL ®S6-2132(841) 699-8150 FAX (841) 999-8151 JOB 41965 4/08/10 9/11/18 4/14/B 4/5113 I/Wa a/M/* Z 8/22/10 8/24/19 EXIST F T G SUMP NC) NEW MAIN LEVEL AND LOWER LEVEL PLANS 8-29-18 SCALE: 1/4'= 1'-0' GRAPHIC SCALE 10 is 5CALE: 1/4" = 1'--0" Village of Mo�unt'ros wec Community .Development Department CASE SUMMARY — PZ -18-18 LOCATION: 1403 N. Park Drive PETITIONER/OWNER: Dino Acquaviva and Boldmaa Batbold PARCEL #: 03-25-211-002-0000 LOT SIZE: 0.23 acres (10,110 sq. ft.) ZONING: R1 Single Family Residential LAND USE: Detached Single Family Residence REQUEST: Variation to front yard setback LOCATION MAP rt village of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: HEARING DATE: SUBJECT: BACKGROUND MOUNT PROSPECT PLANNING & ZONING COMMISSION JOSEPH DONNELLY, CHAIRPERSON JASON C. SHALLCROSS, AICP, DEVELOPMENT REVIEW PLANNER OCTOBER 31, 2018 NOVEMBER 8, 2018 PZ -18-18 / 1403 N. PARK DRIVE / VARIATION (FRONT YARD SETBACKS) A public hearing has been scheduled for the November 8, 2018 Planning & Zoning Commission meeting to review the application by Dino Acquaviva and Boldmaa Batbolod (the "Petitioner"), regarding the property located at 1403 N. Park Drive (the "Subject Property"). The Petitioner is seeking a variation to the front yard setback to construct a two car garage in front of their home. The P&Z Commission hearing was properly noticed in the October 24, 2018 edition of the Daily Herald newspaper. In addition, the Petitioner completed the required written notice to property owners within 350 -feet and staff posted public hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the east side of N. Park Drive north of Tano Lane. The existing property contains a detached single family home with related improvements. The Subject Property is zoned R1 Single Family Residential. The Subject Property is bordered by the R1 Single Family Residential District to the south, west, and north. It is bordered by the Lake Avenue Woods -West forest preserve in Cook County to the east. SUMMARY OF PROPOSAL The Petitioner proposes to perform several site improvements, including constructing an attached two -car garage. The property previously had a partially sub -grade attached single -car garage that was filled in and converted to living space due to flooding. Another garage was not built at that time. The garage measures four hundred fifty square feet (450 sq. ft.) and would provide a ten foot (10') front yard setback when a thirty foot (30') setback is required. The Petitioner also proposes to widen the existing driveway and construct a new rear patio with a covered roof. GENERAL ZONING COMPLIANCE The Subject Property does not comply with the village's zoning regulations. An existing shed on the property encroaches into the required side yard setback. The proposed improvements do not comply with village regulations. The following table compares the Petitioner's proposal to the R1 Single Family Residence District's bulk requirements. The italicized text denotes items that do not comply with the Village Code's regulations. PZ -18-18 Planning & Zoning Commission Meeting November 8, 2018 Bulk Requirements Code Requirements Existing Proposed Structure Setbacks: Home (�' ..... Front ) ...,, _ Min. 30' _m�—..�... _. 30'-10 .... ...................mm_. ��. 1 Home Side (N) Min. 7' 14'-8" No Change Home Side (S) .............................................................�� Min. 7' 14'-10"1374 ..9.�............ Home Rear (E) Min. 25' 67' 56' Shed Side (N) _..... Min. 5' 3" No Change Floor Area at(AR) Ratio �... Max. 0.5 0•.19 .... .. .. .... .......�wwww....... Lot Coverage Max. 45% ...................�._.�......�.�.�...0.:2.3....................... 23% 26% ADDITIONAL STAFF COMMENTS Page 3 En ,yinecring — If approved, a minimum of fifteen feet (15') of green space should be required between the existing parkway tree and the proposed driveway expansion. VARIATION STANDARDS The standards for a variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a variation. The following list is a summary of these findings: 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. Per the Petitioner, the owner is disabled and therefore has a difficult time removing snow from cars left on the driveway. The Petitioner states that the purpose of the variation is to keep cars out of snow in the winter and not on the desire to increase financial gain. The Petitioner states that the proposed variation is not detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. Further, the Petitioner states that the addition will not impair light and air to adjacent property or diminish property values as it is only one story in height and will have a ten foot (10') setback. Lastly, the Petitioner states that granting this front yard setback variation would be in keeping with other homes in the neighborhood, namely 1014 and 914 Burning Bush Lane. Village staff believes the Petitioner's variation request does not meet the standards and is therefore not supportive of the request. Two of the three homes in the area referenced by the Petitioner are more than a half mile from the Subject Property and located in a different neighborhood. Both of those structures encroach into the required yard setbacks by less than five feet (5'). Neither of these properties received variations to permit front yard encroachments; the homes were built before being annexed into the Village of Mount Prospect and are considered legal -nonconforming. However, a variation request granting a twelve foot and ten inch (12'-10") front yard setback for the purpose of constructing a two car garage was granted for 2021 Tano Lane in 2014. 2021 Tano Lane is unique in that it is a corner lot with floodplain presence and a shallower lot depth when compared to other properties in the subdivision. 1403 N. Park Drive is an interior lot with a lot depth and flood plain restrictions similar to several properties in the immediate area (1402, 1407, and 1409 N. Park Drive), and is therefore not unique. If the Petitioner would like to keep vehicles out of inclement weather, a detached garage may be built on the property that does not require a variation. PZ -18-18 Planning & Zoning Commission Meeting November 8, 2018 Page 4 RECO7 MENDATION Staff finds that the standards for variation have not been met. Based on these findings, Staff recommends that the Planning and 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 motions: 1. A variation to allow a ten foot (10') front yard setback for 1403 N. Park Drive, as shown on plans created by Chris George, P.C. The Village Board's decision is final. I concur: 04� William J ooncy, AIC Director of Community Development H1PLAMPIanning & Zoning COMMIP&Z 201818taRRcporislPZ-18-18 1407 N, Park Drivc (VAR- Cron! sclbac4 docx Village of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 Zoning Request Application Official Use Only (To be completed by Village Staff) Case Number: P&Z - _ Date of Submission: Hearing Date: Project Name/Address: I. Subject Property Address(es): ' Zoning District (s): Parcel Index Number(s) (PIN(s): II. Zoning Request(s) (Check all that apply) nditional Use: For Vari'atron(s): To j °° -.' ❑ Zoning Map Amendment: Rezone ❑ Zoning Text Amendment: Section(s) ❑ Other: Property Area (Sq.Ft. and/or Acreage), To IV. Applicant (all correspondence will be sent to the applicant) Name: Address: City, State, ZIP Code: _�...W��.....imtW�..-.;..�.:... Email: mail.' Interest in Property; (e.g. owner, buyer, developer, lessee, architect, etc... ) 1 V. P�operty Owner Check if Same as Applicant Name: Corporation: Address-, City, State, ZIP Code: Phone: Email: 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 agent's permission to enter on the 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 the best of my knowledge. Applicant: Date: (Signature) _Q1c) (Print V-T—yp AamCL4_�' If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting material. Property Owner: .. . .... . ..... Date: (Signature) .......... (Print or Type Name) Shallcross, Jason From: Dino Acquaviva <acquavivadino@gmail.com> Sent: Saturday, September 29, 2018 7:52 AM To: Shallcross, Jason Subject: Re: 1403 n. Park Hell Jason, I have a few addresses and will find the others, Just have to drive there again. 2021 tano, 962 & 914 Burning bush. I'll get the other ones to you soon. Thanks again. Dino Sent from my iPhone > On Sep 28, 2018, at 15:53, Shallcross, Jason <JShallcross@mountprospect.org> wrote: > Hi Dino, > Everything is going well here at Village Hall. We should have comments back to you by mid -week next week. Thank you for all of the photos. If you have addresses of the homes in your photos it would be helpful (we would like to research if these homes have had variations granted, or how any encroaching garages were built). Address would be most helpful in performing that research. Have a good weekend. > Best, > Jason > Jason C. Shallcross, AICP > Development Review Planner > Village of Mount Prospect > P: 847-818-5314 w: mountprospect.org > -----Original Message----- > From: Dino Acquaviva <acquavivadino@gmail.com> > Sent: Friday, September 28, 2018 3:45 PM > To: Shallcross, Jason <JShallcross@mountprospect.org> > Subject: 1403 n. Park > Hello Jason, > How are things going? > See my other neighbor has a garage up front too. > Matching houses. > Have a good weekend! > Thanks 1 > Scanned by the Symantec Email Security.cloud service. Scanned by the Symantec Email Security.cloud service. To Whom May concern, The reason we need the garage in the front of the house are many, We have visited a dozen homes in our Neighborhood with less space in -front Of their homes, with similar 2 car garages and Circle Drive ways. I am Disabled and Handicapped, The shorter Drive way in the front of the house would make My access to and from our Vehicles much easier. It will help lower Our Maintenance costs for snow removal and upkeep. We Thank You in Advance for your Approval for the much Needed work On our Property! The Acquaviva's 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -18-18 Hearing Date: November 8, 2018 PROPERTY ADDRESS: 1403 N. Park Drive PETITIONER: Dino Acquaviva & Boldmaa Batbold PUBLICATION DATE: October 10, 2018 REQUEST: Plat of Subdivision, Zoning Map Amendment, Conditional Use MEMBERS PRESENT: William Beattie Norbert Mizwicki Agostino Filippone Walter Szymczak Joseph Donnelly MEMBERS ABSENT: Thomas Fitzgerald Sharon Otteman Lisa Griffin STAFF MEMBERS PRESENT: Jason Shallcross, AICP - Development Review Planner Connor Harmon, Long Range Planner INTERESTED PARTIES: Dino Acquaviva & Boldmaa Batbold Chairman Donnelly called the meeting to order at 7:03 pm. Commissioner Beattie made a motion seconded by Commissioner Filippone to approve the minutes from the Planning and Zoning Commission meeting on October 25, 2018. The minutes were approved 5-0. Chairman Donnelly introduced case, PZ - 18 -18 as 1403 Park. Mr. Shallcross gave a brief description of the Subject Property stating that it is zoned R1 Single Family Residential. Mr. Shallcross summarized the Petitioner's proposal of constructing an attached two -car garage. He further explained the garage measures four hundred fifty square feet (450 sq. ft.) and would provide a ten foot (10') front yard setback when a thirty foot (30') setback is required. The Petitioner also proposes to widen the existing driveway and construct a new rear patio with a covered roof. Mr. Shallcross also explained that the Subject Property does not comply with the village's zoning regulations. An existing shed on the property encroaches into the required side yard setback. The proposed improvements do not comply with village regulations. He summarized the variation standards as the following: Planning and Zoning Commission Meeting- November 8, 2018 PZ -18-18 Joseph Donnelly, Chair z 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; a Lack of desire to increase financial gain; and o Protection of the public welfare, other property, and neighborhood character. Mr. Shallcross stated, per the Petitioner, the owner is disabled and therefore has a difficult time removing snow from cars left on the driveway. The Petitioner states that the purpose of the variation is to keep cars out of snow in the winter and not the desire to increase financial gain. Mr. Shallcross gave a brief explanation of the legal non -conforming properties in the area that have significantly less encroachments than the proposal. Mr. Shallcross, stated that Staff finds the standards for variation have not been met. Based on these findings, staff recommends that the Planning and 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 motions: 1. A variation to allow a ten foot (10') front yard setback for 1403 N. Park Drive, as shown on plans created by Chris George, P.C. The Village Board's decision is final. Chairman Donnelly asked for clarification on the history of the garage and if a detached garage could be built on the property. Mr. Shallcross stated that a detached garage could be built on the property without the need of a variation; and that the existing subgrade garage was converted into living space. There was general discussion from the Commission regarding the ability to construct a driveway if the garage was built detached or attached in the rear of the house. Chairman Donnelly swore in Dino Acquaviva 1403 Park Drive Mount Prospect, Illinois. Mr. Acquaviva gave a brief description of the physical hardship his property endures. He stated that he is disabled and having an attached covered garage for his car will help make it easier for him. He stated that he would be eliminating a deck to construct the garage/driveway. Chairman Donnelly stated that the hardship has to relate to the physical property. Mr. Acquaviva stated that building the attached garage in the front of the house is more affordable, about $15,000 less than building the detached garage in the back of the house. Commissioner Beattie asked, what other factors, if any, besides cost is the Petitioner against building a detached garage in the rear of the home. Planning and Zoning Commission Meeting- November 8, 2018 PZ -18-18 Joseph Donnelly, Chair 3 Mr. Acquaviva stated that he wants the garage attached in the front of the home so he doesn't have to go outside to get to his car to reduce the change of slipping. He stated this is their dream home and they are trying to make it work for his recent physical needs. Citizens to be heard: Mike Dietzel, 311 N. Maple Street- gave his support to the Petitioner even though he does not live in the neighborhood of the Petitioner. Frank Acquaviva. 1400 N. Park Drive- gave his support for the Petitioner's request. Stated he understands all points of view but stressed his brother's physical condition and stated that the cost of constructing the attached garage in the back of the home would be too costly because it would have to be built up higher so it doesn't flood. He stated the back portion of the yard is in a flood plain. There was general discussion between the commission and staff regarding the nature of the flooding issue in the Petitioner's area. Mr. Shallcross reiterated that the entire eastern part of Park Drive is under a flood plain, and that storm water detention would be needed to be addressed regardless where the Petitioner builds the garage. Chairman Donnelly asked the Petitioner to address his plan to address storm water if the garage is built. Mr. Acquaviva stated that he discuss with his architect and engineer to find a solution. Chairman Donnelly stated that the Planning and Zoning Commission can only recommend a proposal to the Village Board for approval or denial. He stressed that the Petitioner should bring his architect and or engineer with to the Village Board meeting to better explain the storm water detention and other questions about the proposal. Mr. Acquaviva stated that the hardship is in regards to the property flooding every year. Chairman Donnelly stated that the entire property is in a flood plain therefore no matter where the garage is built it will still be considered in a flood plain. Commissioner Filippone asked the Petitioner questions regarding the timeline of the flooding and construction improvements since the Petitioner has owned the home. There was general discussion between the Commission and Petitioner regarding the flooding of the Petitioner's immediate neighbors. Commissioner Filippone stated that he believes there is enough space in the back yard to put the garage in the rear of the property and find another solution. Mr. Acquaviva stated that he can't afford that option. The Commission reiterated again that granting a variation cannot be for monetary reasons and stated that they are only a recommendation body to the Village Board, and that the case is Village Board final. Planning and Zoning Commission Meeting- November 8, 2018 PZ -18-18 Joseph Donnelly, Chair 4 Hearing no further questions for the Petitioner, the discussion was brought back to the Commission. Commissioner Filippone made a motion seconded by Commissioner Szymczak to recommend denial of the following motions: 1. A variation to allow a ten foot (10') front yard setback for 1403 N. Park Drive, as shown on plans created by Chris George, P.C. Commissioner Filippone stated he has sympathy for the Petitioner and his family; however, the evidence presented doesn't justify a hardship. ROLL CALL: AYES: None NAYS: Beattie, Mizwicki, Filippone, Szymczak, Donnelly A vote of 0-5 was taken with a negative recommendation to the Village Board. Commissioner Beattie made a motion seconded by Commissioner Filippone and the meeting was adjourned at 7:53 pm. Jenna Moder Community Development Department Planning and Zoning Commission Meeting- November 8, 2018 PZ -18-18 Joseph Donnelly, Chair