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HomeMy WebLinkAbout01/27/2005 P&Z mintues 03-05 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-O3-05 Hearing Date: January 27, 2005 PROPERTY ADDRESS: 1451 W. Lincoln St. PETITIONER: Steve Miller 233 Hatlen Mount Prospect PUBLICATION DATE: January 12,2005 Journal/Topics and PIN#: 08-11-300-023-0000 REQUEST: Conditional Use approval to construct an unenclosed porch in the required front yard and a Variation for a garage addition to encroach into the exterior side yard setback. MEMBERS PRESENT: Chair Arlene Juracek Merrill Cotten Joseph Donnelly Leo Floros Ronald Roberts Richard Rogers Matthew Sledz Keith Youngquist MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Ellen Divita, Deputy Director, Community Development INTERESTED PARTIES: Steve Miller Chairperson Arlene Juracek called the meeting to order at 7:35 p.m. Richard Rogers moved to approve the revised minutes of the October 28, 2004 meeting and Joe Donnelly seconded the motion to approve. The motion was approved 4-0, with abstentions by Leo Floros, Matt Sledz and Keith Younquist. Matt Sledz moved to approve the minutes of the November 11, 2004 meeting; Merrill Cotten seconded the motion. The motion was approved 5-0, with abstentions by Leo Floros and Keith Younquist. Ms. Juracek introduced Case No. PZ- 03-05, a request for Conditional Use approval to construct an unenclosed porch in the required front yard and a Variation to add on to the existing garage that would encroach into exterior side yard. Judy Connolly, Senior Planner, presented the case. She said that the Subject Property is located on the south side of Lincoln Avenue, between Busse Road and Ojibwa Trail, and contains a single-family residence with related improvements. The Subject Property is zoned RX Single-Family Residence and is bordered on all sides by the RX District. The Petitioner proposes to improve the house by adding a one-story addition to the house in the rear, an unenclosed porch, and an addition to the existing garage to accommodate a third vehicle. As part of the project, the Petitioner proposes to modify the front elevation of the house by adding dormers and modifying the roofline. However, the Petitioner has not submitted floor plans that indicate a 'finished' second story addition at this time. The addition to the house meets zoning regulations, but the porch and garage addition encroach into the required setbacks. Planning & Zoning Commission Arlene Juracek, Chairperson PZ-03-05 Page 2 The proposed unenclosed porch consists of a concrete base and wood columns. It would extend almost 6' from the house, resulting in a 39' front yard setback when the Zoning Ordinance requires a 40' setback for this district. Therefore, the proposed porch requires Conditional Use approval. Also, the proposed garage addition would encroach 10.41' into the required 25' exterior side yard. Therefore, the Petitioner is seeking a Variation to construction the garage addition. The existing home and addition to the rear of the house complies with the Village's zoning regulations. However, the proposed porch and garage addition would encroach into required setbacks. In order to approve the requests, the board has to find that they meet the standards for a Conditional Use and Variation, respectively, which are listed in the Zoning Ordinance. Ms. Connolly summarized the standards. She said that the proposed Conditional Use, the unenclosed porch, would not adversely affect the character of the surrounding neighborhood, utility provision, or public streets, and would be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. She noted that the standards for a Variation are different than the Conditional Use standards and said that the Petitioner is proposing to increase the size of the garage to accommodate a third vehicle, resulting in a 14.59' exterior side yard setback. Ms. Connolly said that the garage would continue to be accessed from Lincoln Avenue. The Subject Property is rectangular in shape and exceeds the minimum lot size for the RX district. The Petitioner examined the possibility of constructing a new 3-car garage that would front onto Busse Road. However, they stated exiting onto Busse Road would be dangerous due to the high traffic volume on Busse Road. In addition, the new curb cut would require a permit from Cook County Highway because Busse Road falls under CCH jurisdiction. The Petitioner also explored redesigning the garage so they would be side loading, while still maintaining access from Lincoln Avenue. The Petitioner determined that there was not enough room to allow for an adequate turning radius for this design. The manner in which the existing garage is located on the Subject Property, as well as the traffic volume on Busse Road, create challenges for expanding the existing garage to accommodate a third vehicle. However, a 3-car 'tandem-style' garage could be constructed and still utilize the same driveway; this design would require removing the existing sun porch. Ms. Connolly said that the Zoning Ordinance defines a hardship as "a. practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances". Although the site is located on a comer, the site is not restricted by a small lot width. However, these conditions exist throughout the surrounding neighborhood and are therefore not unique to this property. The Petitioner has the option of modifying the existing garage so the addition meets the 25-foot setback, as permitted by the Zoning Ordinance. While this design may not be the most convenient option, the garage would meet the required setback. Although the proposed garage addition may be constructed in an attractive manner, the Petitioner has other alternatives that would meet zoning regulations. Also, while Staff can appreciate the Petitioner's desire for a 3- car garage, there is no hardship and the proposed 3-car garage is more of a convenience. Based on this analysis, Staff finds that the request does not meet the Variation standards contained in the Zoning Ordinance. However, Staff finds that the proposed unenclosed porch dOèsmeet the Conditional Use standards listed in the Zoning Ordinance. Therefore, Staff recommends: The P&Z approve the unenclosed porch and allow it to encroach into the required front yard, creating a front setback of no less than 35' for the residence at 1451 W. Lincoln Street, Case No. PZ-03-05. The P&Z's decision is final for this part of the case. Staff recommends: The P&Z recommend that the Village Board deny a Variation to allow a garage addition to encroach into the required exterior side yard, creating a 14.59' setback for the residence at 1451 W. Lincoln Street, Case No. PZ-03-05. The Village Board's decision is final for this part of the case because the request is more than 25% of the Zoning Ordinance requirement. Planning & Zoning Commission Arlene Juracek, Chairperson PZ-03-05 Page 3 Ms. Juracek noted there is a lot of green space between the fence and Busse Road and asked if that is an easement. Ms. Connolly said that was right of way that belongs to the County and that the road could possibly be widened in the future. Steve Miller, 233 Hatlen, Mount Prospect, was sworn in. He explained that his detached garage has been broken into where he presently lives and he feels that an attached garage offers more security. He also feels the turnaround would be a great advantage when his children start to drive. Ms. Juracek asked if the wooden fence on the Busse side would remain. Mr. Miller said it would. Mr. Rogers said it would be difficult to approve this requested garage, being so close to Busse Road, and asked Mr. Miller if he would consider a two-step garage, keeping one car in back of another. Mr. Miller said he had thought of that, but obviously it would not be as convenient or as aesthetically pleasing in appearance. Several Planning & Zoning Commissioners noted that this garage would be very close to Busse Road if Busse were widened, and that it would be the only structure that close to Busse. Mr. Youngquist asked if Mr. Miller resided in the house at present. He said he did not, that he lived two blocks away. Mr. Youngquist and Ms. Juracek said a condition of granting a Variation was proving a hardship and no hardship was being proven in this case. Mike Pollera was sworn in. He said he was the general contractor for the project and represented the architect who was unable to be at the hearing. He said that the architect had gone through as many designs as possible to try to stay within Code, including demolishing the present garage, but could not design a more acceptable plan. A tandem garage would have required destruction of part of the existing house and consequent weakening of the structure. Ms. Juracek asked if there was any further comment from the audience. Being none, she closed the Public Hearing and brought discussion back to the P&Z. Leo Floros said he could support this project because he does not think Busse will be widened in the near future. He said there is a turn lane at Busse and Lincoln, which affords sufficient land area. Mr. Floros said that to orient the garage towards Busse would be a serious mistake; it would be dangerous or they would be unable to get in or out during rush hours. Richard Rogers made a motion for Conditional Use approval to allow construction of an unenclosed porch that would encroach in the required front yard at 1451 W. Lincoln St., Case No. PZ-03-05. Merrill Cotten seconded the motion. The Planning and Zoning Board's decision is final for this case. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Sledz, Youngquist and Juracek NAYS: None Motion was approved 7-0. Mr. Donnelly asked Mr. Miller to return to the podium and explain if he needed the turnaround whether or not the 3-car garage addition was approved. Mr. Miller said yes, he did need the turnaround because of the traffic coming off of Busse onto Lincoln. Ms. Juracek agreed, saying yes, there is not actually a left-turn lane at that location, cars just go onto the walkway to make the turn. Richard Rogers made a motion to recommend approval for a Variation to allow a 14.59' exterior side yard for the proposed Garage Addition, as shown on the Petitioner's site plan at 1451 W. Lincoln St., Case No. PZ-03- 05. Merrill Cotten seconded the motion. It was noted that the Village Board's decision is final for this case. Planning & Zoning Commission Arlene Juracek, Chairperson PZ-03-05 Page 4 UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Sledz and Juracek NAYS: Rogers and Youngquist Motion was approved 5-2. At 11 :45 p.m. Richard Rogers made a motion to adjourn; seconded by Joe Donnelly. The motion was approved by a voice vote and the meeting was adjourned. Judy Connolly, AICP, Senior Planner CIDocuments and SettingslkdewislLocal SettingslTemporary Internet FiIesIOLK2IPZ-O3-05 1451 W. Lincoln Steve Miller.doc