HomeMy WebLinkAbout5. OLD BUSINESS 3/15/05
MEMORANDUM
Village of Mount Prospect
Community Development Department
TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
FROM:
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
SUBJECT:
FEBRUARY 11,2005
PZ-O3-05: VARIATION (EXTERIOR SIDE Y ARD- GARAGE ADDI
1451 W. LINCOLN STREET
STEVE MILLER - APPLICANT
The Planning & Zoning Commission transmits their recommendation to approve Case PZ-03-05, a Variation to
al1ow a 14.59' exterior side yard, as described in detail in the attached staff report. The Planning & Zoning
Commission heard the request at their January 27, 2005 meeting.
The Subject Property is a comer lot, located within a single-family residential neighborhood. The attached
exhibits illustrate the Petitioner's proposed improvements to the existing home, which include 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. The proposed unenclosed porch would encroach one-foot into the required front yard; the P&Z
granted Conditional Use approval for this request January 27, 2005. (The P&Z's decision is final for this part of
the zoning case.) However, the addition to the garage would encroach 10'5" resulting in a 14.59' exterior side
yard, which requires Village Board approval.
The Planning & Zoning Commission discussed the Petitioner's plans for the house. They discussed the safest
manner in which to access the garage and traffic volume on Busse Road. The P&Z noted that the garage addition
would be close to the right-of-way and that most of the other structures in the area complied with the required
setbacks. One Commission stated his doubts that the County would ever widen Busse Road. There was
discussion regarding the probability of Cook County Highway Department approving a curb-cut for the Petitioner
to access a new garage from Busse Road, how it would be difficult to enter/exit the driveway from Busse Road
during rush hour, and how the existing right-turn only lane (from Busse Road to Lincoln Street) would impact
access to/from the Petitioner's property. The Planning & Zoning Commission members voted 5-2 to recommend
that the Village Board approve a request for a Variation to permit the construction of an addition to the garage
14.59' from the exterior lot line (along Busse Road) at 1451 W. Lincoln Street, Case No. PZ-03-05.
Please forward this memorandum and attachments to the Village Board for their review and consideration at their
February 15,2005 meeting. Staff will be present to answer any questions related to this matter.
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Ijc K\PLAN\PI,nn;ng & ZonÜ'g COMMlP&z 2005\MEJ Mcmo,\PZ-O3-05 ME) MEMO (1451 W Uncoh, - VAR- s;dcy"d) doc
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
ST AFF MEMBERS PRESENT:
Judy Connolly, AICP, Senior Planner
El1en Divita, Deputy Director, Community Development
INTERESTED PARTIES:
Steve Miller
Chairperson Arlene Juracek cal1ed 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 Donnel1y 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 Connol1y, 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 òn al1 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 Vil1age'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
wel1 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 corner, 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 does meet the Conditional Use standards listed in the Zoning
Ordinance. Therefore, Staff recommends: The P&Z approve the unenclosed porch and al1ow 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-O3-05. 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-O3-05.
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
NA YS: 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
UPON ROLL CALL:
A YES: Cotten, Donnelly, Floros, Sledz and Juracek
NA YS: Rogers and Youngquist
Motion was approved 5-2.
PZ-03-05
Page 4
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.
H:IPLANIPlanning & Zoning COMM\P&Z 2005\PZ-O3-05 1451 W. Lincoln Steve Miller.doc
Judy Connolly, AICP, Senior Planner
Village of Mount Prospect
Community Development Department
CASE SUMMARY - PZ- 03-05
LOCATION:
1451 W. Lincoln Street
PETITIONER:
Steve Miller
OWNER:
Steve Miller
PARCEL #:
08-11-300-023-0000
LOT SIZE:
0.52 acres (22,347 square feet)
ZONING:
RX Single-Family Residence
LAND USE:
Single-Family Residential
REQUEST:
1) Conditional Use - Unenclosed Porch in front yard
2) Variation - Exterior Side Yard Setback (garage addition)
LOCATION MAP
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MEMORANDUM
Village of Mount Prospect
Community Development Department
TO:
MOUNT PROSPECT PLANNING & ZONING COMMISSION
ARLENE JURACEK, CHAIRPERSON
FROM:
JUDY CONNOLLY, AICP, SENIOR PLANNER
DATE:
JANUARY 20, 2005
HEARING DATE:
JANUARY 27,2005
SUBJECT:
PZ-03-05-CONDITIONAL USE (PORCH) & V ARIA TION (EXTERIOR SIDE YARD)
1451 W. LINCOLN STREET (MILLER RESIDENCE)
BACKGROUND
A public hearing has been scheduled for the January 27,2005 Planning & Zoning Commission meeting to review
the application by Steve Miller (the "Petitioner") regarding the property located at 1451 W. Lincoln Ave. (the
"Subject Property"). The Petitioner has requested: 1) Conditional Use approval to allow the construction of an
unenclosed porch in the front yard, and 2) for a Variation to construct an addition to the attached garage that
would encroach in the exterior side yard. The P&Z hearing was properly noticed in the January 12, 2005 edition
of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners
within 250-feet and posted a Public Hearing sign on the Subject Property.
PROPERTY DESCRIPTION
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.
SUMMARY OF PROPOSAL
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.
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.
PZ-03-05
Planning & Zoning Commission meeting January 27, 2005
Page 3
GENERAL ZONING COMPLIANCE
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. The following table compares the
Petitioner's proposal to the RX Single-Family Residence District's bulk requirements.
RX Single-Family District
Minhnum Requirements Existin2 Proposed
SETBACKS:
Front 40' 42.42' 39'
Interior 10' 16.47' (east) No change
Exterior 25' 29.22' 14.59'
Rear 30' 100.54' 70.54'
LOT COVERAGE 35% Maximum 17% 27%
CONDITIONAL USE STANDARDS
The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include
seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary
of these findings:
.
The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or
general welfare;
The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the
vicinity or impede the orderly development of those properties;
.
.
Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on
Village streets; and
Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and
other Village Ordinances.
.
The proposed Conditional Use (unenclosed porch) would not adversely affect the character of the surrounding
neighborhood, utility provision, or public streets, and the proposed Conditional Use will be in compliance with
the Village's Comprehensive Plan and Zoning Ordinance.
VARIA TION USE 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
.
PZ-O3-05
Planning & Zoning Commission meeting January 27,2005
Page 4
.
Protection of the public welfare, other property, and neighborhood character.
The Petitioner is proposing to increase the size ofthe garage to accommodate a third vehicle, resulting in a 14.59'
exterior side yard setback. The garages 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 state in the
attached app1ication that they fee1 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 garages 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 stil1 utilize the same èriveway; this design would require
removing the existing sun porch.
The Zoning Ordinance defines a hardship as "a practica1 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 corner, the site is not restricted by a sma1l10t 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 pemlitted
by the Zoning Ordinance. While this design may not be the most convenient option, the garage would meet the
required setback.
RECOMMENDA TION
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 Section 14.203.c.9 of the Zoning
Ordinance. However, Staff finds that the proposed unenclosed porch does meet the Conditional Use standards
contained in Section l4.203.F.8 of the Zoning Ordinance and recommends:
1) 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.
2) 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 l4.59'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.
I concur:
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VILLAGE OF MOUNT PROSPECT
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COMMUNITY DEVELOPMENT DEPARTMENT -Planning Division
50 S. Emerson Street
Mount Prospect, Illinois 60056
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Please note that the application wi]] not be reviewed until this petition has been fulJy completed and all required plans and other materials
have been satisfactorily submitted to the Planning Division. Incomplete submittals wiJl not be accepted. It is strongly suggested that the
petitioner schedule an appointment with the appropriate VilJage staffso that materials can be reviewed for accuracy and completeness at the
time of submittal.
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 ovmer of the property. The petitioner and the owner of the
pro pert) grant employees of the ViJIage of Mount Prospect and their agents pemlission to enter on the property during reasonable hours for
visual inspection of the subject property.
I hereby affinn that all infonnation provided herein and in aJI materials subnlitted in association with this application are true and
accurate to the best of my knowledge.
~~
AppJicant
Date
l '- - ~ 0 - 0 '-I
If applicant is not property owner:
I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this applicaÜon and the
associated supponing material.
Property O\\11er
Dale
Mount Prospect Department of Community Development
50 South Emerson Street, Mount Prospect Illinois
v. ww .mountprospect. org
Phone 847.818.5328
Fax 847.818.5329
TDD 847.392.6064
3
RE: 1451 W. Lincoln Street.
Proposed Conditional Use: Unenclosed Front Porch - wi a 12 inch encroachment.
A request is hereby made to allow for the addition of an unenclosed front porch they may
encroach up to 12 inches into the front setback. The plan as submitted calls for the porch
to stop at the 40 foot Front yard setback as required in the Village Code.
However, for aesthetic reasons, it may be desirable to extend the porch an additional 12
inches, thereby creating a 12 inch encroachment into the front setback. The porch is
intended to give more visual appeal to the front elevation of the home by breaking up the
long expanse of the main roof.
Variation Request:
Addition of a 3rd stall to the existing garage.
A request is hereby made to allow for the addition of a 3rd stall to the existing garage
which will result in a 10.6 foot encroachment into the exterior side setback.
The addition of the 3rd stall is requested for several reasons.
1. Functional Obsolesces. The room addition being proposed (for which no variance
is being sought) will result in a 3200 + square foot residence. A 2-car garage for a
home of this size presents an issue of functional obsolesce. This home is being
renovated to accommodate a large family with multiple drivers and vehicles. The
addition and renovation is being undertaken to improve the functionality of the
prope11y, as well as to dramatically enhance its visual appeal from the street. The
owner is making a large investment in the improvements and has been advised
that a home of this size in this neighborhood would suffer from functional
obsolesces if it were served by less then a 3 car garage.
2.
Visual appeal. In order to improve the visual appeal of the home, the existing
roofline is being changed. Dormers are being added to the front elevation and
there will be an additional stepped backed gable in the rear. To further enhance
the appearance, the proposed 3 rd garage bay would be stepped back from the main
structure. This will add yet another element of visual interest to the roofline and
soften the north & west elevations resulting in a positive impact on the
surrounding neighbors.
3. Uniqueness of the property. The property is located on the South East comer of
Lincoln and Busse. The possibility of demolishing the existing garage and
constructing a new garage which exits onto Busse Road was explored. This
would have allowed the improvements to stay within the setback. However, in
addition to requiring the demolition of a major portion of the existing structure,
there were several issues that made this impractical and hazardous.
A. The driveway would have exited onto Busse Road only 5 car lengths south
of the stoplight at Lincoln. This is a very heavily trafficked area and the
driver would be trying to back out into 40 MPH traffic 50 feet from a
major intersection. There would also be no way for them to see cars that
were turning Southbound from Lincoln onto Busse. I think the board will
agree that this would create a dangers situation which would be
detrimental to the public welfare.
B. The possibility of turning the garages to face Busse but having the
driveway on Lincoln was also looked at. Unfortunately there is not
enough room to allow for an adequate turning radius.
After careful review of the options with an architect and other construction
professionals, it has become apparent the most functional and safest solution and the one
that offers the most positive impact on the neighbors, is the addition of a 3rd bay to the
west side of the existing garage.
This request is respectfully submitted for your review and consideration.
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