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HomeMy WebLinkAbout11/08/2019 P&Z Minutes 18-18 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 GATE: 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; Lack of desire to increase financial gain; and 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 Parr 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 Accivaviva 1 o N. Park Drive-gave his support for the Petitionerrs 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 Dearing 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 ert*ll of the fallowing mations: 1. A variation to allow a ten foot (101')front yard setback for 14013 N. Parr 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. d Jenna Moder Community Development Department Planning and Zoning Commission Meting- November 8, 2018 PZ-18-18 Joseph Donnelly, Chair