HomeMy WebLinkAbout04/28/2005 P&Z minutes 14-05
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-14-05
Hearing Date: April 28, 2005
PROPERTY ADDRESS:
700 S. Louis St.
PETITIONER/OWNER:
Kurt & Julia McDonnell
PUBLICATION DATE:
April 13, 2005
PIN#:
08-12-415-041-0000 & 08-12-415-042-0000
REQUEST:
Petitioner is seeking Conditional Use approval to construct an
unenclosed porch in the required front yard setback.
MEMBERS PRESENT:
Chair Arlene Juracek
Joseph Donnelly
Leo Floros
Marlys Haaland
Ronald Roberts
Richard Rogers
Matt Sledz
Keith Youngquist
MEMBERS ABSENT:
None
STAFF MEMBERS PRESENT:
Judy Connolly, AICP, Senior Planner
Ellen Divita, Deputy Director, Community Development
INTERESTED PARTIES:
Kurt & Julia McDonnell
Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers moved to approve the
minutes of the March 24, 2005 meeting and Leo Floros seconded the motion. The motion was approved 5-0 with
abstentions by Chair Arlene Juracek, Richard Rogers and Keith Youngquist. Ms. Juracek introduced Case No.
PZ-14-05 a request to construct an unenclosed porch in the required front yard setback and other relief from the
Zoning Ordinance as may be required for this project. She said that this case would be Planning & Zoning Board
Final.
Judy Connolly, Senior Planner, summarized the request. The Subject Property is located on the west side of
Louis Street, south of Council Trail, and contains a bi-level single-family residence with related improvements.
The Subject Property is zoned R1 Single-Family Residence and is bordered on all sides by the R1 District. The
Subject Property is comprised of a parcel, a vacated right-of-way, and a vacated 10' pedestrian walk. The
Petitioner is proposing a number of improvements to the existing home, including a 2-story addition and an
unenclosed front porch. The proposed porch would consist of a concrete base, a brick 'railing' or half-wall, and
limestone columns. The proposed porch will extend 5' from the house, resulting in a 25' front yard setback.
Therefore, the proposed porch requires Conditional Use approval.
The existing home was built over the property line and does not comply with the Village's zoning regulations.
Although this is a legal nonconforming situation, the proposed addition would increase the intensity of the
nonconformity. Therefore, the Petitioner has agreed to resubdivide the Subject Property and consolidate the site
to a one-lot subdivision in order to'meet setback regulations. Upon completion of the plat of Resubdivision, the
Subject Property, including the addition, would comply with the Village's zoning regulations.
Planning & Zoning Commission
Arlene Juracek, Chairperson
PZ-14-05
Page 2
The standards for Conditional Uses are listed in the Zoning Ordinance and include specific findings that must be
made in order to approve the proposed porch. Ms. Connolly summarized the standards and said that the proposal
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.
Based on these findings, Staff recommends that the Planning & Zoning Commission approve a Conditional Use for an
unenclosed porch to encroach into the required front yard, creating a front setback of no less than 25' for the residence at
700 S. Louis Street, Case No. PZ-14-05, subject to consolidating the Subject Property to a single lot of record. The
Planning & Zoning Commission's decision is fmal for this case.
Kurt McDonnell, 700 S. Louis St., was sworn in and said they want to put an addition on the existing house on the
north part of the property up to the approved setback. They are expanding the home with a basement underneath
the house and also a second story. They want a variance for a porch that will be centered on the existing house;
everything to the right of where the porch ends will be an addition, along with the second story.
Ms. Juracek said this was a straightforward request and asked the petitioner if he understood that he could not
enclose the porch at any time. Mr. McDonnell answered yes.
Richard Rogers made a motion to approve a Conditional Use permit to construct an unenclosed porch 5-feet into
the required front yard setback for the property at 700 S. Louis St., Case No. PZ-14-05 subject to resubdividing
the Subject Property to create a single lot of record. Matt Sledz seconded the motion.
UPON ROLL CALL:
AYES: Donnelly, Floros, Roberts, Rogers, Sledz, Youngquist and Juracek
NAYS: None
Motion was approved 7-0.
Joe Donnelly made a motion to adjourn at midnight, seconded by Richard Rogers. The motion was approved by a
voice vote and the meeting was adjourned.
Judy Connolly, AICP, Senior Planner
C:\Doeuments and Seltings\kdewis\Loeal Seltings\Temporary Internet Files\OLK2\PZ-14-05 700 S. Louis SI. Me Donnell Res.doe